(E)
IF, AS A RESULT OF ANY CHANGE IN ACCOUNTING
PRINCIPLES AND POLICIES FROM THOSE AS IN EFFECT ON THE RESTATEMENT EFFECTIVE
DATE, THE CONSOLIDATED FINANCIAL STATEMENTS OF HOLDINGS AND THE SUBSIDIARIES
DELIVERED PURSUANT TO PARAGRAPHS (A) OR (B) ABOVE WILL DIFFER IN ANY MATERIAL
RESPECT FROM THE CONSOLIDATED FINANCIAL STATEMENTS THAT WOULD HAVE BEEN
DELIVERED PURSUANT TO SUCH CLAUSES HAD NO SUCH CHANGE IN ACCOUNTING PRINCIPLES
AND POLICIES BEEN MADE, THEN, TOGETHER WITH THE FIRST DELIVERY OF FINANCIAL
STATEMENTS PURSUANT TO PARAGRAPH (A) AND (B) ABOVE FOLLOWING SUCH CHANGE, A
SCHEDULE PREPARED BY A FINANCIAL OFFICER ON BEHALF OF HOLDINGS
98
RECONCILING SUCH CHANGES TO WHAT THE FINANCIAL STATEMENTS WOULD HAVE BEEN
WITHOUT SUCH CHANGES;
(F)
WITHIN 90 DAYS AFTER THE BEGINNING OF
EACH FISCAL YEAR, AN OPERATING AND CAPITAL EXPENDITURE BUDGET, IN FORM
REASONABLY SATISFACTORY TO THE ADMINISTRATIVE AGENT PREPARED BY HOLDINGS FOR
EACH OF THE FOUR FISCAL QUARTERS OF SUCH FISCAL YEAR PREPARED IN REASONABLE
DETAIL, OF HOLDINGS AND THE SUBSIDIARIES, ACCOMPANIED BY THE STATEMENT OF A
FINANCIAL OFFICER OF HOLDINGS TO THE EFFECT THAT, TO THE BEST OF HIS KNOWLEDGE,
THE BUDGET IS A REASONABLE ESTIMATE FOR THE PERIOD COVERED THEREBY;
(G)
UPON THE REASONABLE REQUEST OF THE
ADMINISTRATIVE AGENT (WHICH REQUEST SHALL NOT BE MADE MORE THAN ONCE IN ANY
12-MONTH PERIOD), DELIVER UPDATED PERFECTION CERTIFICATES (OR, TO THE EXTENT
SUCH REQUEST RELATES TO SPECIFIED INFORMATION CONTAINED IN THE PERFECTION
CERTIFICATES, SUCH INFORMATION) REFLECTING ALL CHANGES SINCE THE DATE OF THE
INFORMATION MOST RECENTLY RECEIVED PURSUANT TO THIS PARAGRAPH (G) OR
SECTION 5.10(E);
(H)
PROMPTLY, A COPY OF ALL REPORTS SUBMITTED TO
THE BOARD OF DIRECTORS (OR ANY COMMITTEE THEREOF) OF ANY OF HOLDINGS, THE
COMPANY OR ANY MATERIAL SUBSIDIARY IN CONNECTION WITH ANY INTERIM OR SPECIAL
AUDIT THAT IS MATERIAL MADE BY INDEPENDENT ACCOUNTANTS OF THE BOOKS OF HOLDINGS,
THE COMPANY OR ANY SUBSIDIARY;
(I)
PROMPTLY, FROM TIME TO TIME, SUCH OTHER
INFORMATION REGARDING THE OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION
OF HOLDINGS, THE COMPANY OR ANY OF THE SUBSIDIARIES, OR COMPLIANCE WITH THE
TERMS OF ANY LOAN DOCUMENT, AS IN EACH CASE THE ADMINISTRATIVE AGENT MAY
REASONABLY REQUEST; AND
(J)
PROMPTLY UPON REQUEST BY THE
ADMINISTRATIVE AGENT, COPIES OF:
(I) EACH SCHEDULE B (ACTUARIAL INFORMATION) TO
THE ANNUAL REPORT (FORM 5500 SERIES) FILED WITH THE INTERNAL REVENUE SERVICE
WITH RESPECT TO A PLAN; (II) THE MOST RECENT ACTUARIAL VALUATION REPORT FOR ANY
PLAN; (III) ALL NOTICES RECEIVED FROM A MULTIEMPLOYER PLAN SPONSOR OR ANY
GOVERNMENTAL AGENCY CONCERNING AN ERISA EVENT; AND (IV) SUCH OTHER DOCUMENTS OR
GOVERNMENTAL REPORTS OR FILINGS RELATING TO ANY PLAN OR MULTIEMPLOYER PLAN AS
THE ADMINISTRATIVE AGENT SHALL REASONABLY REQUEST.
SECTION 5.05
Litigation and Other Notices.
Furnish to the Administrative Agent
written notice of the following promptly after any Responsible Officer of
Holdings or the Company obtains actual knowledge thereof:
(A)
ANY EVENT OF DEFAULT OR DEFAULT, SPECIFYING
THE NATURE AND EXTENT THEREOF AND THE CORRECTIVE ACTION (IF ANY) PROPOSED TO BE
TAKEN WITH RESPECT THERETO;
(B)
THE