INSURERS, INSURANCE WITH RESPECT TO ITS PROPERTIES AND BUSINESS AGAINST LOSS OR
DAMAGE OF THE KINDS CUSTOMARILY INSURED AGAINST BY PERSONS ENGAGED IN THE SAME
OR SIMILAR BUSINESS, OF SUCH TYPES AND IN SUCH AMOUNTS AS ARE CUSTOMARILY
CARRIED UNDER SIMILAR CIRCUMSTANCES BY SUCH OTHER PERSONS; INCLUDING WORKERS'
COMPENSATION INSURANCE, PUBLIC LIABILITY AND PROPERTY AND CASUALTY INSURANCE;
PROVIDED THAT SUCH CREDIT PARTY OR ANY OF ITS SUBSIDIARIES MAY SELF-INSURE TO
THE EXTENT THAT IT MAINTAINS ADEQUATE RESERVES THEREFOR AND SELF-INSURANCE IS
CUSTOMARY AND PRUDENT IN ITS BUSINESS JUDGMENT.
SECTION 6.07.
COMPLIANCE WITH LAWS.
EACH CREDIT PARTY SHALL, AND SHALL CAUSE
EACH OF ITS SUBSIDIARIES TO, COMPLY, IN ALL MATERIAL RESPECTS WITH ANY
REQUIREMENT OF LAW OF ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER IT OR
ITS BUSINESS (INCLUDING THE FEDERAL FAIR LABOR STANDARDS ACT), EXCEPT SUCH
REQUIREMENT OF LAW THE NON-COMPLIANCE WITH WHICH WOULD NOT BE REASONABLY
EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
SECTION 6.08.
INSPECTION OF PROPERTY AND BOOKS AND RECORDS.
EACH CREDIT PARTY
SHALL, AND SHALL CAUSE EACH OF ITS SUBSIDIARIES TO, MAINTAIN PROPER BOOKS OF
RECORD AND ACCOUNT, IN WHICH FULL, TRUE AND CORRECT ENTRIES SHALL BE MADE OF ALL
FINANCIAL TRANSACTIONS AND MATTERS INVOLVING THE ASSETS AND BUSINESS OF SUCH
CREDIT PARTY AND SUCH SUBSIDIARIES.
EACH CREDIT PARTY SHALL PERMIT, AND SHALL
CAUSE EACH OF ITS SUBSIDIARIES TO PERMIT, REPRESENTATIVES AND INDEPENDENT
CONTRACTORS OF THE ADMINISTRATIVE AGENT OR ANY LENDER TO VISIT AND INSPECT ANY
OF THEIR RESPECTIVE PROPERTIES, TO EXAMINE THEIR RESPECTIVE CORPORATE, FINANCIAL
AND OPERATING RECORDS, AND MAKE COPIES THEREOF OR ABSTRACTS THEREFROM, AND TO
DISCUSS THEIR RESPECTIVE AFFAIRS, FINANCES AND ACCOUNTS WITH THEIR RESPECTIVE
DIRECTORS, OFFICERS, AND INDEPENDENT PUBLIC ACCOUNTANTS (PROVIDED THAT SUCH
CREDIT PARTY MAY, IF IT CHOOSES, BE PRESENT AT ANY SUCH DISCUSSIONS) AT SUCH
REASONABLE TIMES DURING NORMAL BUSINESS HOURS AND AS OFTEN AS MAY BE REASONABLY
DESIRED, UPON
60
REASONABLE ADVANCE NOTICE TO SUCH CREDIT PARTY; PROVIDED THAT THE FOREGOING
SHALL BE SUBJECT TO COMPLIANCE WITH APPLICABLE SECURITY REGULATIONS OF ANY
GOVERNMENTAL AUTHORITY AND SHALL NOT REQUIRE THE COMPANY TO PERMIT INSPECTION OF
ANY PROPERTIES OR FINANCIAL OR OPERATING RECORDS TO AN EXTENT THAT WOULD REQUIRE
SUCH CREDIT PARTY OR ANY OF ITS SUBSIDIARIES TO REVEAL ANY OF ITS TRADE SECRETS,
RESEARCH DATA OR PROPRIETARY INFORMATION WHICH ITS MANAGEMENT IN GOOD FAITH
BELIEVES TO BE IRRELEVANT TO THIS AGREEMENT.
SECTION 6.09.
ENVIRONMENTAL LAWS.
EACH CREDIT PARTY SHALL, AND SHALL CAUSE
EACH OF ITS SUBSIDIARIES TO, CONDUCT ITS OPERATIONS AND KEEP AND MAINTAIN ITS
PROPERTIES IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS, EXCEPT FOR SUCH
NON-COMPLIANCE AS WOULD NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE
EFFECT.
SECTION 6.10.
USE OF PROCEEDS.
THE CREDIT PARTIES SHALL USE THE PROCEEDS FOR
WORKING CAPITAL, CAPITAL EXPENDITURES AND OTHER GENERAL CORPORATE PURPOSES OF
THE APPLICABLE BORROWER AND ITS SUBSIDIARIES NOT IN CONTRAVENTION OF ANY
REQUIREMENT OF LAW.
SECTION 6.11.
REGULATORY APPROVALS.
EACH CREDIT PARTY SHALL, AND SHALL CAUSE
EACH OF ITS SUBSIDIARIES TO, MAINTAIN ALL MATERIAL LICENSES, PERMITS,
AUTHORIZATIONS AND REGULATORY APPROVALS