SUCH INSURANCE SHALL NOT BE CANCELED OR REVISED WITHOUT 30 DAYS' PRIOR WRITTEN
NOTICE BY THE INSURER TO THE ADMINISTRATIVE AGENT;
(H)
INSURANCE INFORMATION.
THE BORROWER SHALL
DELIVER TO THE ADMINISTRATIVE AGENT INFORMATION CONCERNING INSURANCE AT THE
TIMES AND IN THE MANNER SPECIFIED IN SECTION 7.8;
(I)
USA PATRIOT ACT.
EACH LENDER SUBJECT TO
THE PATRIOT ACT HEREBY NOTIFIES THE BORROWER THAT PURSUANT TO THE REQUIREMENTS
OF THE PATRIOT ACT, IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT
IDENTIFIES THE BORROWER, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF THE
BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY THE
BORROWER IN ACCORDANCE WITH THE PATRIOT ACT; AND
(J)
OTHER REQUESTED INFORMATION.
SUCH OTHER
INFORMATION RESPECTING THE RESPECTIVE PROPERTIES, BUSINESS AFFAIRS, FINANCIAL
CONDITION AND/OR OPERATIONS OF THE BORROWER OR ANY OF ITS SUBSIDIARIES AS THE
ADMINISTRATIVE AGENT OR ANY LENDER (THROUGH THE ADMINISTRATIVE AGENT) MAY FROM
TIME TO TIME REASONABLY REQUEST.
7.3
Notices
Promptly and in any event within five Business Days in the case of clauses (a),
(d) and (e) below, 30 days in the case of clauses (b) and (c) below, or one
Business Day in the case of clause (f) below after a Responsible Officer of the
Borrower or of any of its Subsidiaries obtains knowledge thereof, give written
notice to the Administrative Agent (which shall promptly provide a copy of such
notice to each Lender) of:
102
(A)
EVENT OF DEFAULT OR UNMATURED EVENT OF
DEFAULT.
THE OCCURRENCE OF ANY EVENT OF DEFAULT OR UNMATURED EVENT OF DEFAULT,
ACCOMPANIED BY A STATEMENT OF A RESPONSIBLE FINANCIAL OFFICER SETTING FORTH
DETAILS OF THE OCCURRENCE REFERRED TO THEREIN AND STATING WHAT ACTION THE
BORROWER
PROPOSES TO TAKE WITH RESPECT THERETO.
(B)
LITIGATION AND RELATED MATTERS.
THE
COMMENCEMENT OF, OR ANY MATERIAL DEVELOPMENT IN, ANY ACTION, SUIT, PROCEEDING OR
INVESTIGATION AFFECTING THE BORROWER OR ANY OF ITS SUBSIDIARIES OR ANY OF THEIR
RESPECTIVE PROPERTIES BEFORE ANY ARBITRATOR OR GOVERNMENTAL AUTHORITY, (I) IN
WHICH THE AMOUNT INVOLVED THAT THE BORROWER REASONABLY DETERMINES IS NOT COVERED
BY INSURANCE OR OTHER INDEMNITY ARRANGEMENT IS $50,000,000 OR MORE, (II) WITH
RESPECT TO ANY DOCUMENT OR ANY MATERIAL INDEBTEDNESS OR PREFERRED STOCK OF THE
BORROWER OR ANY OF ITS SUBSIDIARIES OR (III) WHICH, IF DETERMINED ADVERSELY TO
THE BORROWER OR ANY OF ITS SUBSIDIARIES, COULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT.
(C)
ENVIRONMENTAL.
(I)
THE OCCURRENCE OF ONE OR MORE OF THE
FOLLOWING, TO THE EXTENT THAT ANY OF THE FOLLOWING, IF ADVERSELY DETERMINED,
WOULD HAVE A MATERIAL ADVERSE EFFECT OR, IN ANY EVENT, COULD REASONABLY BE
EXPECTED TO RESULT IN LIABILITY TO THE BORROWER OR ANY OF ITS SUBSIDIARIES IN
EXCESS OF $50,000,000: (A) WRITTEN NOTICE, CLAIM OR REQUEST FOR INFORMATION TO
THE EFFECT THAT
THE BORROWER
OR ANY OF ITS SUBSIDIARIES IS OR MAY BE LIABLE IN
ANY MATERIAL RESPECT TO ANY PERSON AS A RESULT OF THE PRESENCE OF OR THE RELEASE
OR SUBSTANTIAL THREAT OF A MATERIAL RELEASE OF ANY CONTAMINANT INTO