(A)
RESULTS IN NONCOMPLIANCE BY THE BORROWER OR ANY OF ITS SUBSIDIARIES WITH ANY
APPLICABLE ENVIRONMENTAL LAW OR (B) COULD REASONABLY BE EXPECTED TO FORM THE
BASIS OF AN ENVIRONMENTAL CLAIM AGAINST THE BORROWER OR ANY OF ITS SUBSIDIARIES
OR ANY SUCH REAL PROPERTY THAT IS CURRENTLY OWNED;
(III)
ANY CONDITION OR OCCURRENCE ON ANY CURRENTLY OWNED REAL PROPERTY
THAT COULD REASONABLY BE EXPECTED TO CAUSE SUCH REAL PROPERTY TO BE SUBJECT TO
ANY RESTRICTIONS ON THE OWNERSHIP, LEASE, OCCUPANCY, USE OR TRANSFERABILITY OF
SUCH REAL PROPERTY UNDER ANY ENVIRONMENTAL LAW; AND
(IV)
THE TAKING OF ANY REMOVAL OR REMEDIAL ACTION BY THE BORROWER OR
ANY SUBSIDIARY, OR BY ANY PARTY ON THE OWNED REAL PROPERTY, IN RESPONSE TO THE
ACTUAL OR ALLEGED RELEASE OF ANY HAZARDOUS MATERIAL AS REQUIRED BY ANY
ENVIRONMENTAL LAW OR ANY GOVERNMENTAL OR OTHER ADMINISTRATIVE AGENCY; PROVIDED
THAT IN ANY EVENT THE BORROWER SHALL DELIVER TO EACH LENDER ALL NOTICES RECEIVED
BY THE BORROWER OR ANY OF ITS SUBSIDIARIES FROM ANY GOVERNMENT OR GOVERNMENTAL
AGENCY UNDER, OR PURSUANT TO, CERCLA WHICH IDENTIFY THE BORROWER OR ANY OF ITS
SUBSIDIARIES AS POTENTIALLY RESPONSIBLE
66
PARTIES FOR REMEDIATION COSTS OR WHICH OTHERWISE NOTIFY THE BORROWER OR ANY OF
ITS SUBSIDIARIES OF POTENTIAL LIABILITY UNDER CERCLA.
All such notices shall describe in reasonable detail the nature of the claim,
investigation, condition, occurrence or removal or remedial action and the
Borrower's or such Subsidiary's response thereto.
(J)
OTHER INFORMATION.
FROM TIME TO TIME, SUCH OTHER INFORMATION OR
DOCUMENTS (FINANCIAL OR OTHERWISE) WITH RESPECT TO THE BORROWER OR ANY OF ITS
SUBSIDIARIES AS THE ADMINISTRATIVE AGENT OR ANY LENDER (THROUGH THE
ADMINISTRATIVE AGENT) MAY REASONABLY REQUEST.
9.02.
BOOKS, RECORDS AND INSPECTIONS; ANNUAL MEETINGS.
THE BORROWER
WILL, AND WILL CAUSE EACH OF ITS SUBSIDIARIES TO, KEEP PROPER BOOKS OF RECORD
AND ACCOUNTS IN WHICH FULL, TRUE AND CORRECT ENTRIES IN CONFORMITY WITH GAAP AND
ALL REQUIREMENTS OF LAW SHALL BE MADE OF ALL DEALINGS AND TRANSACTIONS IN
RELATION TO ITS BUSINESS AND ACTIVITIES.
THE BORROWER WILL, AND WILL CAUSE EACH
OF ITS SUBSIDIARIES TO, PERMIT OFFICERS AND DESIGNATED REPRESENTATIVES OF THE
ADMINISTRATIVE AGENT OR ANY LENDER TO VISIT AND INSPECT, UNDER GUIDANCE OF
OFFICERS OF THE BORROWER OR SUCH SUBSIDIARY, ANY OF THE PROPERTIES OF THE
BORROWER OR SUCH SUBSIDIARY, AND TO EXAMINE THE BOOKS OF ACCOUNT OF THE BORROWER
OR SUCH SUBSIDIARY AND DISCUSS THE AFFAIRS, FINANCES AND ACCOUNTS OF THE
BORROWER OR SUCH SUBSIDIARY WITH, AND BE ADVISED AS TO THE SAME BY, ITS AND
THEIR OFFICERS AND INDEPENDENT ACCOUNTANTS, ALL UPON REASONABLE PRIOR NOTICE AND
AT SUCH REASONABLE TIMES AND INTERVALS AND TO SUCH REASONABLE EXTENT AS THE
ADMINISTRATIVE AGENT OR ANY SUCH LENDER MAY REASONABLY REQUEST; PROVIDED THAT SO
LONG AS NO DEFAULT OR EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING, THE
ADMINISTRATIVE AGENT AND THE LENDERS SHALL BE LIMITED TO ONE SUCH VISIT AND
INSPECTION DURING EACH FISCAL YEAR OF THE BORROWER.
9.03.
MAINTENANCE OF PROPERTY; INSURANCE.
(A)
THE BORROWER WILL, AND
WILL CAUSE