ANALYZING THE PERFORMANCE OF THE BORROWER AND ITS SUBSIDIARIES DURING THE
PERIODS COVERED BY SUCH FINANCIAL STATEMENTS;
(D)
PROMPTLY UPON RECEIPT THEREOF, COPIES OF ALL
FINAL REPORTS SUBMITTED TO THE BORROWER OR TO ANY OF ITS SUBSIDIARIES BY
INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS IN CONNECTION WITH EACH ANNUAL, INTERIM
OR SPECIAL AUDIT OF THE BOOKS OF THE BORROWER OR ANY OF ITS SUBSIDIARIES MADE BY
SUCH ACCOUNTANTS, INCLUDING, WITHOUT LIMITATION, ANY FINAL COMMENT LETTER
SUBMITTED BY SUCH ACCOUNTANTS TO MANAGEMENT IN CONNECTION WITH THEIR ANNUAL
AUDIT;
(E)
NOT LATER THAN 60 DAYS AFTER THE BEGINNING
OF EACH FISCAL YEAR OF THE BORROWER, A COPY OF THE BUSINESS PLAN FOR SUCH FISCAL
YEAR ON A CONSOLIDATED BASIS AS ADOPTED BY THE BOARD OF DIRECTORS OF THE
BORROWER;
(F)
PROMPTLY UPON THEIR BECOMING AVAILABLE,
COPIES OF ALL FINANCIAL STATEMENTS, REPORTS, NOTICES AND PROXY STATEMENTS SENT
OR MADE AVAILABLE GENERALLY BY THE BORROWER OR ANY OF ITS SUBSIDIARIES TO ITS
SHAREHOLDERS AND ALL REGULAR AND PERIODIC REPORTS AND ALL FINAL REGISTRATION
STATEMENTS AND FINAL PROSPECTUSES, IF ANY, FILED BY THE BORROWER OR ANY OF ITS
SUBSIDIARIES WITH ANY SECURITIES EXCHANGE OR WITH THE SEC OR ANY GOVERNMENTAL
AUTHORITY SUCCEEDING TO ANY OF ITS FUNCTIONS;
(G)
WITHIN 20 BUSINESS DAYS AFTER THE LAST DAY
OF EACH FISCAL MONTH OF THE BORROWER, A FULLY COMPLETED AND EXECUTED BORROWING
BASE CERTIFICATE AS OF SUCH LAST DAY OF SUCH FISCAL MONTH OF THE BORROWER; AND
(H)
PROMPTLY, SUCH ADDITIONAL FINANCIAL AND
OTHER INFORMATION AS ANY LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
6.3
PAYMENT OF OBLIGATIONS.
PAY, DISCHARGE OR
OTHERWISE SATISFY AT OR BEFORE MATURITY OR BEFORE THEY BECOME DELINQUENT, AS THE
CASE MAY BE, ALL ITS MATERIAL OBLIGATIONS OF WHATEVER NATURE, EXCEPT WHERE THE
AMOUNT OR VALIDITY THEREOF IS CURRENTLY BEING CONTESTED IN GOOD FAITH BY
APPROPRIATE PROCEEDINGS AND RESERVES IN CONFORMITY WITH GAAP WITH RESPECT
THERETO HAVE BEEN PROVIDED ON THE BOOKS OF THE BORROWER OR ITS SUBSIDIARIES, AS
THE CASE MAY BE.
6.4
MAINTENANCE OF EXISTENCE; COMPLIANCE.
(A)
(I) PRESERVE, RENEW AND KEEP IN FULL FORCE AND EFFECT ITS CORPORATE EXISTENCE
AND (II) TAKE ALL REASONABLE ACTION TO MAINTAIN ALL RIGHTS, PRIVILEGES AND
FRANCHISES NECESSARY OR DESIRABLE IN THE NORMAL CONDUCT OF ITS BUSINESS, EXCEPT,
IN EACH CASE, AS OTHERWISE PERMITTED BY SECTION 7.4 AND EXCEPT, IN THE CASE OF
CLAUSE (II) ABOVE, TO THE EXTENT THAT FAILURE TO DO SO COULD NOT REASONABLY BE
EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT; AND (B) COMPLY WITH ALL CONTRACTUAL
41
Obligations and Requirements of Law except to the extent that failure to comply
therewith could not, in the aggregate, reasonably be expected to have a Material
Adverse Effect.
6.5
MAINTENANCE OF PROPERTY; INSURANCE.
(A)
KEEP ALL PROPERTY USEFUL AND NECESSARY IN ITS BUSINESS IN GOOD WORKING ORDER AND
CONDITION, ORDINARY WEAR AND TEAR EXCEPTED AND (B) MAINTAIN WITH FINANCIALLY
SOUND AND REPUTABLE INSURANCE COMPANIES INSURANCE ON ALL ITS PROPERTY IN AT
LEAST SUCH AMOUNTS AND AGAINST AT LEAST SUCH RISKS (BUT INCLUDING IN ANY