9.13
COMPLIANCE WITH ERISA.EACH BORROWER SHALL, AND
SHALL CAUSE EACH OF ITS ERISA AFFILIATES, TO: (A) MAINTAIN EACH BENEFIT PLAN IN
COMPLIANCE IN ALL MATERIAL RESPECTS WITH THE APPLICABLE PROVISIONS OF ERISA, THE
CODE AND OTHER FEDERAL AND STATE LAW; (B) CAUSE EACH BENEFIT PLAN WHICH IS
INTENDED TO BE QUALIFIED UNDER SECTION 401(A) OF THE CODE TO MAINTAIN SUCH
QUALIFICATION; (C) NOT TERMINATE ANY PENSION PLAN SO AS TO INCUR ANY MATERIAL
LIABILITY TO THE PENSION BENEFIT GUARANTY CORPORATION; (D) NOT ALLOW OR SUFFER
TO EXIST ANY PROHIBITED TRANSACTION INVOLVING ANY PENSION PLAN OR ANY TRUST
CREATED THEREUNDER WHICH WOULD SUBJECT SUCH BORROWER OR SUCH ERISA AFFILIATE TO
A MATERIAL TAX OR PENALTY OR OTHER MATERIAL LIABILITY ON PROHIBITED TRANSACTIONS
IMPOSED UNDER SECTION 4975 OF THE CODE OR ERISA; (E) MAKE ALL REQUIRED
CONTRIBUTIONS TO ANY PENSION PLAN WHICH IT IS OBLIGATED TO PAY UNDER SECTION 302
OF ERISA, SECTION 412 OF THE CODE OR THE TERMS OF SUCH PENSION PLAN AND MAKE ALL
REQUIRED CONTRIBUTIONS TO ANY OTHER BENEFIT PLAN TO THE EXTENT THAT THE FAILURE
TO DO SO MAY RESULT IN LIABILITY OF MORE THAN $250,000; (F) NOT ALLOW OR SUFFER
TO EXIST ANY ACCUMULATED FUNDING DEFICIENCY, WHETHER OR NOT WAIVED, WITH RESPECT
TO ANY SUCH BENEFIT PLAN; OR (G) NOT ALLOW OR SUFFER TO EXIST ANY OCCURRENCE OF
A REPORTABLE EVENT OR ANY OTHER EVENT OR CONDITION THAT PRESENTS A MATERIAL RISK
OF AN ERISA EVENT THAT RESULTS IN OR HAS A REASONABLE LIKELIHOOD OF RESULTING IN
ANY LIABILITY IN EXCESS OF $250,000.
9.14
END OF FISCAL YEARS; FISCAL QUARTERS.
EACH
BORROWER SHALL, FOR FINANCIAL REPORTING PURPOSES, CAUSE ITS, AND EACH OF ITS
SUBSIDIARIES' (A) FISCAL YEARS TO END ON SEPTEMBER 30 OF EACH YEAR AND
(B) FISCAL QUARTERS TO END ON DECEMBER 31, MARCH 31, JUNE 30 AND SEPTEMBER 30 OF
EACH YEAR.
9.15
CHANGE IN BUSINESS.
EACH BORROWER SHALL NOT
ENGAGE IN ANY BUSINESS OTHER THAN THE BUSINESS OF ANY BORROWER ON THE DATE
HEREOF AND ANY BUSINESS REASONABLY RELATED, ANCILLARY OR COMPLIMENTARY TO THE
BUSINESS IN WHICH SUCH BORROWER IS ENGAGED ON THE DATE HEREOF.
9.16
LIMITATION OF RESTRICTIONS AFFECTING
SUBSIDIARIES.
EACH BORROWER SHALL NOT, DIRECTLY, OR INDIRECTLY, CREATE OR
OTHERWISE CAUSE OR SUFFER TO EXIST ANY ENCUMBRANCE OR RESTRICTION WHICH
PROHIBITS OR LIMITS THE ABILITY OF ANY SUBSIDIARY OF SUCH BORROWER TO (A) PAY
DIVIDENDS OR MAKE OTHER DISTRIBUTIONS OR PAY ANY INDEBTEDNESS OWED TO SUCH
BORROWER OR ANY SUBSIDIARY OF SUCH BORROWER; (B) MAKE LOANS OR ADVANCES TO ANY
BORROWER OR ANY SUBSIDIARY OF SUCH BORROWER, (C) TRANSFER ANY OF ITS PROPERTIES
OR ASSETS TO SUCH BORROWER OR ANY SUBSIDIARY OF SUCH BORROWER; OR (D) CREATE,
INCUR, ASSUME OR SUFFER TO EXIST ANY LIEN UPON ANY OF ITS PROPERTY, ASSETS OR
REVENUES, WHETHER NOW OWNED OR HEREAFTER ACQUIRED, OTHER THAN ENCUMBRANCES AND
RESTRICTIONS ARISING UNDER (I) APPLICABLE LAW, (II) THIS AGREEMENT AND THE OTHER
FINANCING AGREEMENTS, (III) CUSTOMARY PROVISIONS RESTRICTING SUBLETTING OR
ASSIGNMENT OF ANY LEASE GOVERNING A LEASEHOLD INTEREST OF