OF ANY
LOAN PARTY OR OF ANY OF ITS SUBSIDIARIES PURSUANT TO THE TERMS OF ANY INDENTURE,
LOAN OR CREDIT OR SIMILAR AGREEMENT AND NOT OTHERWISE REQUIRED TO BE FURNISHED
TO THE LENDER PARTIES PURSUANT TO ANY OTHER CLAUSE OF THIS SECTION 5.03.
(J)
ERISA. (I)
ERISA EVENTS AND ERISA REPORTS. (A) PROMPTLY AND IN
ANY EVENT WITHIN 10 DAYS AFTER ANY LOAN PARTY OR ANY ERISA AFFILIATE KNOWS OR
HAS REASON TO KNOW THAT ANY ERISA EVENT HAS OCCURRED, A STATEMENT OF THE CHIEF
FINANCIAL OFFICER OF BMCA DESCRIBING SUCH ERISA EVENT AND THE ACTION, IF ANY,
THAT SUCH LOAN PARTY OR SUCH ERISA AFFILIATE HAS TAKEN AND PROPOSES TO TAKE WITH
RESPECT THERETO AND (B) ON THE DATE ANY RECORDS, DOCUMENTS OR OTHER INFORMATION
MUST BE FURNISHED TO THE PBGC WITH RESPECT TO ANY PLAN PURSUANT TO SECTION 4010
OF ERISA, A COPY OF SUCH RECORDS, DOCUMENTS AND INFORMATION.
94
(II)
PLAN TERMINATIONS. PROMPTLY AND IN ANY EVENT WITHIN TWO BUSINESS
DAYS AFTER RECEIPT THEREOF BY ANY LOAN PARTY OR ANY ERISA AFFILIATE, COPIES OF
EACH NOTICE FROM THE PBGC STATING ITS INTENTION TO TERMINATE ANY PLAN OR TO HAVE
A TRUSTEE APPOINTED TO ADMINISTER ANY PLAN.
(III)
MULTIEMPLOYER PLAN NOTICES. PROMPTLY AND IN ANY EVENT WITHIN FIVE
BUSINESS DAYS AFTER RECEIPT THEREOF BY ANY LOAN PARTY OR ANY ERISA AFFILIATE
FROM THE SPONSOR OF A MULTIEMPLOYER PLAN, COPIES OF EACH NOTICE CONCERNING
(A) THE IMPOSITION OF WITHDRAWAL LIABILITY BY ANY SUCH MULTIEMPLOYER PLAN,
(B) THE REORGANIZATION OR TERMINATION, WITHIN THE MEANING OF TITLE IV OF ERISA,
OF ANY SUCH MULTIEMPLOYER PLAN OR (C) THE AMOUNT OF LIABILITY INCURRED, OR THAT
MAY BE INCURRED, BY SUCH LOAN PARTY OR ANY ERISA AFFILIATE IN CONNECTION WITH
ANY EVENT DESCRIBED IN CLAUSE (A) OR (B).
(K)
ENVIRONMENTAL CONDITIONS. PROMPTLY AFTER THE ASSERTION OR
OCCURRENCE THEREOF, NOTICE OF (I) ANY ENVIRONMENTAL ACTION AGAINST OR OF ANY
NONCOMPLIANCE BY ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES WITH ANY
ENVIRONMENTAL LAW OR ENVIRONMENTAL PERMIT THAT COULD REASONABLY BE EXPECTED TO
HAVE A MATERIAL ADVERSE EFFECT; OR (II) ANY OTHER MATTER OR OCCURRENCE THAT MAY
IMPACT THE NUMBER, SCOPE, IMPORT OR SUBSTANCE OF ANY ENVIRONMENTAL APPROVAL
ACTION OR THE UNDERLYING CIRCUMSTANCES THEREOF.
(L)
BORROWING BASE CERTIFICATE. A BORROWING BASE CERTIFICATE (I) ON
THE FIRST BUSINESS DAY OF EACH WEEK, AS AT THE LAST BUSINESS DAY OF THE
IMMEDIATELY PRECEDING WEEK (X) AT ANY TIME THAT THE AVAILABLE LIQUIDITY IS LESS
THAN THE SPECIFIED LIQUIDITY AMOUNT OR (Y) AT THE OPTION OF BMCA; OR (II) IF
NEITHER CLAUSE (I)(X) OR CLAUSE (I)(Y) APPLIES, NO LATER THAN THE SEVENTH
BUSINESS DAY OF EACH MONTH, AS AT THE LAST BUSINESS DAY OF THE IMMEDIATELY
PRECEDING MONTH.
(M)
ACCESS FOR FIELD EXAMINATIONS. PROVIDE REPRESENTATIVES OF THE
COLLATERAL MONITORING AGENT SUFFICIENT ACCESS TO THE PROPERTIES AND OFFICES OF
BMCA AND ITS SUBSIDIARIES FOR SUCH REPRESENTATIVES TO CONDUCT, AT BMCA'S
EXPENSE, (A) ON OR BEFORE THE END OF EACH FISCAL QUARTER OF BMCA, A FIELD
EXAMINATION AND (B)