WITH REGULATIONS UNDER ERISA AND A STATEMENT OF ESTIMATED WITHDRAWAL
LIABILITY AS OF THE MOST RECENT PLAN YEAR END AS CUSTOMARILY PREPARED BY THE
TRUSTEES UNDER THE MULTIEMPLOYER PLANS TO WHICH THE COMPANY HAS AN OBLIGATION TO
CONTRIBUTE;
(F)
AS SOON AS POSSIBLE, AND IN ANY EVENT WITHIN 30 DAYS AFTER THE OCCURRENCE
OF EACH EVENT THE COMPANY KNOWS IS OR MAY BE A REPORTABLE EVENT (AS DEFINED IN
SECTION 4043 OF ERISA, BUT EXCLUDING ANY REPORTABLE EVENT WITH RESPECT TO WHICH
THE 30 DAY REPORTING REQUIREMENT HAS BEEN WAIVED) WITH RESPECT TO ANY PLAN WITH
AN UNFUNDED LIABILITY IN EXCESS OF $10,000,000, A STATEMENT SIGNED BY THE CHIEF
FINANCIAL OFFICER OF THE COMPANY DESCRIBING SUCH REPORTABLE EVENT AND THE ACTION
WHICH THE COMPANY PROPOSES TO TAKE WITH RESPECT THERETO;
(G)
AS SOON AS POSSIBLE, AND IN ANY EVENT WITHIN FIVE BUSINESS DAYS AFTER THE
COMPANY SHALL BECOME AWARE OF THE OCCURRENCE OF EACH DEFAULT, WHICH DEFAULT IS
CONTINUING ON THE DATE OF SUCH STATEMENT, A STATEMENT OF THE CHIEF FINANCIAL
OFFICER OF THE COMPANY SETTING FORTH DETAILS OF SUCH DEFAULT OR EVENT AND THE
ACTION WHICH THE COMPANY PROPOSES TO TAKE WITH RESPECT THERETO; AND
(H)
FROM TIME TO TIME, SUCH OTHER INFORMATION AS TO THE BUSINESS AND FINANCIAL
CONDITION OF THE COMPANY AND THE SUBSIDIARIES AND THEIR COMPLIANCE WITH THE LOAN
DOCUMENTS AS ANY AGENT, OR ANY LENDER THROUGH THE ADMINISTRATIVE AGENT, MAY
REASONABLY REQUEST.
SECTION 5.08.
USE OF PROCEEDS AND LETTERS OF CREDIT.
USE THE PROCEEDS OF
BORROWINGS HEREUNDER AND THE LETTERS OF CREDIT FOR THE PURPOSES REFERRED TO IN
THE RECITALS TO THIS AGREEMENT, AND NOT FOR ANY PURPOSE THAT WOULD ENTAIL A
VIOLATION OF ANY APPLICABLE LAW OR REGULATION (INCLUDING, WITHOUT LIMITATION,
REGULATIONS U AND X OF THE BOARD).
WITH RESPECT TO ANY BORROWING THE PROCEEDS
OF WHICH SHALL BE USED TO PURCHASE OR CARRY MARGIN STOCK, THE APPLICABLE
BORROWER SHALL INCLUDE IN THE BORROWING REQUEST FOR SUCH BORROWING SUCH
INFORMATION AS SHALL ENABLE THE LENDERS AND THE BORROWERS TO DETERMINE THAT THEY
ARE IN COMPLIANCE WITH SUCH REGULATIONS U AND X.
SECTION 5.09.
GUARANTEE REQUIREMENT.
CAUSE THE GUARANTEE REQUIREMENT TO BE
SATISFIED AT ALL TIMES.
SECTION 5.10.
LIMITATION OF DEBT FROM LENDERS THAT ARE NOT QUALIFYING BANKS.
EACH SWISS BORROWER SHALL HAVE DEBT OWING TO NO MORE THAN TWENTY (20) LENDERS
THAT ARE NOT QUALIFYING BANKS, INCLUDING FOR THE PURPOSES OF THIS SECTION 5.10
ANY SUCH DEBT OWING TO AFFILIATES OF SUCH SWISS BORROWER.
55
ARTICLE VI
NEGATIVE COVENANTS
Until the Commitments have expired or terminated and the principal of and
interest on each Loan and all fees payable hereunder have been paid in full and
all Letters of Credit have expired or terminated and all LC Disbursements shall
have been reimbursed, each Borrower covenants and agrees with the Lenders that
it will not:
SECTION 6.01.
SUBSIDIARY DEBT.
PERMIT ANY MATERIAL SUBSIDIARY THAT IS NOT A
SUBSIDIARY GUARANTOR TO CREATE, INCUR, ASSUME OR PERMIT TO EXIST ANY DEBT,
EXCEPT:
(A)
DEBT CREATED HEREUNDER;