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).
(L)
ENVIRONMENTAL CONDITIONS.
PROMPTLY AFTER THE ASSERTION OR
OCCURRENCE THEREOF, NOTICE OF 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.
(M)
INSURANCE.
AS SOON AS AVAILABLE AND IN ANY EVENT WITHIN 30 DAYS
AFTER THE END OF EACH FISCAL YEAR, A REPORT SUMMARIZING THE INSURANCE COVERAGE
(SPECIFYING TYPE, AMOUNT AND CARRIER) IN EFFECT FOR EACH LOAN PARTY AND ITS
SUBSIDIARIES AND CONTAINING SUCH ADDITIONAL INFORMATION AS ANY AGENT, OR ANY
LENDER PARTY THROUGH THE PAYING AGENT, MAY REASONABLY SPECIFY.
(N)
OTHER INFORMATION.
SUCH OTHER INFORMATION RESPECTING THE
BUSINESS, CONDITION (FINANCIAL OR OTHERWISE), OPERATIONS, PERFORMANCE,
PROPERTIES OR PROSPECTS OF
72
ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES AS ANY AGENT OR THE JOINT LEAD
ARRANGERS, OR ANY LENDER PARTY THROUGH THE PAYING AGENT, MAY FROM TIME TO TIME
REASONABLY REQUEST.
Section 5.04.
Financial Covenants.
So long as any Advance or any other
Obligation of any Loan Party under any Loan Document shall remain unpaid, any
Letter of Credit shall be outstanding or any Lender Party shall have any
Commitment hereunder, the Borrower will:
(A)
TOTAL DEBT TO CONSOLIDATED EBITDA RATIO.
MAINTAIN AT ALL TIMES A
TOTAL DEBT/CONSOLIDATED EBITDA RATIO OF NOT MORE THAN 5.00 : 1.00.
(B)
INTEREST COVERAGE RATIO.
MAINTAIN AT ALL TIMES AN INTEREST
COVERAGE RATIO OF NOT LESS THAN 2.00 : 1.00.
ARTICLE VI
EVENTS OF DEFAULT
Section 6.01.
Events of Default.
If any of the following events
("Events of Default") shall occur and be continuing:
(A)
(I) THE BORROWER SHALL FAIL TO PAY ANY PRINCIPAL OF ANY ADVANCE
WHEN THE SAME SHALL BECOME DUE AND PAYABLE OR (II) THE BORROWER SHALL FAIL TO
PAY ANY INTEREST ON ANY ADVANCE, OR ANY LOAN PARTY SHALL FAIL TO MAKE ANY OTHER
PAYMENT UNDER ANY LOAN DOCUMENT, IN EACH CASE UNDER THIS CLAUSE (II) WITHIN TWO
BUSINESS DAYS AFTER THE SAME BECOMES DUE AND PAYABLE; OR
(B)
ANY REPRESENTATION OR WARRANTY MADE BY ANY LOAN PARTY (OR ANY OF
ITS OFFICERS) UNDER OR IN CONNECTION WITH ANY LOAN DOCUMENT SHALL PROVE TO HAVE
BEEN INCORRECT IN ANY MATERIAL RESPECT WHEN MADE; OR
(C)
THE BORROWER SHALL FAIL TO PERFORM OR OBSERVE ANY TERM, COVENANT
OR AGREEMENT CONTAINED IN SECTION 2.14, 5.01(E), (F), (I), (J), (M) OR (P),
5.02, 5.03 OR 5.04; PROVIDED THAT THE BORROWER SHALL HAVE A CURE PERIOD OF THREE
BUSINESS DAYS FOR ANY FAILURE TO PERFORM OR OBSERVE THE COVENANT CONTAINED IN
SECTION 5.02(P); OR
(D)
ANY