SHALL RECEIVE A NOTICE REGARDING
THE IMPOSITION OF WITHDRAWAL LIABILITY, TOGETHER WITH COPIES OF EACH SUCH
NOTICE; (VIII) ANY BORROWER OR ANY MEMBER OF THE CONTROLLED GROUP SHALL FAIL TO
MAKE A REQUIRED INSTALLMENT OR ANY OTHER REQUIRED PAYMENT UNDER SECTION 412 OF
THE CODE ON OR BEFORE THE DUE DATE FOR SUCH INSTALLMENT OR PAYMENT; OR (IX) ANY
BORROWER OR ANY MEMBER OF THE CONTROLLED GROUP KNOWS THAT (A) A MULTIEMPLOYER
PLAN HAS BEEN TERMINATED, (B) THE ADMINISTRATOR OR PLAN SPONSOR OF A
MULTIEMPLOYER PLAN INTENDS TO TERMINATE A MULTIEMPLOYER PLAN, OR (C) THE PBGC
HAS INSTITUTED OR WILL INSTITUTE PROCEEDINGS UNDER SECTION 4042 OF ERISA TO
TERMINATE A MULTIEMPLOYER PLAN.
9.16.
ADDITIONAL DOCUMENTS.
EXECUTE AND DELIVER TO AGENT, UPON REQUEST,
SUCH DOCUMENTS AND AGREEMENTS AS AGENT MAY, FROM TIME TO TIME, REASONABLY
REQUEST TO CARRY OUT THE PURPOSES, TERMS OR CONDITIONS OF THIS AGREEMENT.
75
X.
EVENTS OF DEFAULT.
The occurrence of any one or more of the following events shall constitute an
"Event of Default":
10.1.
NONPAYMENT.
FAILURE BY ANY BORROWER TO PAY ANY PRINCIPAL OR
INTEREST ON THE OBLIGATIONS WHEN DUE, WHETHER AT MATURITY OR BY REASON OF
ACCELERATION PURSUANT TO THE TERMS OF THIS AGREEMENT OR BY NOTICE OF INTENTION
TO PREPAY, OR BY REQUIRED PREPAYMENT OR FAILURE TO PAY ANY OTHER LIABILITIES OR
MAKE ANY OTHER PAYMENT, FEE OR CHARGE PROVIDED FOR HEREIN WHEN DUE OR IN ANY
OTHER DOCUMENT;
10.2.
BREACH OF REPRESENTATION.
ANY REPRESENTATION OR WARRANTY MADE OR
DEEMED MADE BY ANY BORROWER OR ANY GUARANTOR IN THIS AGREEMENT, ANY OTHER
DOCUMENT OR ANY RELATED AGREEMENT OR IN ANY CERTIFICATE, DOCUMENT OR FINANCIAL
OR OTHER STATEMENT FURNISHED AT ANY TIME IN CONNECTION HEREWITH OR THEREWITH
SHALL PROVE TO HAVE BEEN MISLEADING IN ANY MATERIAL RESPECT ON THE DATE WHEN
MADE OR DEEMED TO HAVE BEEN MADE;
10.3.
FINANCIAL INFORMATION.
FAILURE BY ANY BORROWER TO (I) FURNISH
FINANCIAL INFORMATION WHEN DUE OR WHEN REQUESTED IN ACCORDANCE WITH THE TERMS
HEREOF, OR (II) PERMIT THE INSPECTION OF ITS BOOKS OR RECORDS IN ACCORDANCE WITH
THE TERMS HEREOF;
10.4.
JUDICIAL ACTIONS.
ISSUANCE OF A NOTICE OF LIEN, LEVY, ASSESSMENT,
INJUNCTION OR ATTACHMENT AGAINST ANY BORROWER'S INVENTORY OR RECEIVABLES OR
AGAINST A MATERIAL PORTION OF ANY BORROWER'S OTHER PROPERTY WHICH IS NOT STAYED
OR LIFTED WITHIN THIRTY (30) DAYS;
10.5.
NONCOMPLIANCE.
EXCEPT AS OTHERWISE PROVIDED FOR IN SECTIONS 10.1,
10.3 AND 10.5(II), (I) FAILURE OR NEGLECT OF ANY BORROWER OR ANY GUARANTOR OR
ANY PERSON TO PERFORM, KEEP OR OBSERVE ANY TERM, PROVISION, CONDITION, COVENANT
HEREIN CONTAINED, OR CONTAINED IN ANY OTHER DOCUMENT OR ANY OTHER AGREEMENT OR
ARRANGEMENT, NOW OR HEREAFTER ENTERED INTO BETWEEN ANY BORROWER OR ANY GUARANTOR
OR SUCH PERSON, AND AGENT OR ANY LENDER EXECUTED IN CONNECTION HEREWITH, OR (II)
FAILURE OR NEGLECT OF ANY BORROWER TO PERFORM, KEEP OR OBSERVE ANY TERM,
PROVISION, CONDITION OR COVENANT, CONTAINED IN SECTIONS 4.6, 4.7, 4.9, 6.1, 6.3,
6.4, 9.4 OR 9.6 HEREOF WHICH IS NOT CURED WITHIN TEN (10) DAYS FROM THE
OCCURRENCE