THE BORROWER TO SEND REQUESTS FOR VERIFICATION OF ACCOUNTS OR NOTICES
OF ASSIGNMENT TO ACCOUNT DEBTORS AND OTHER OBLIGORS.
THE LENDER OR ITS AGENT
MAY ALSO AT ANY TIME AND FROM TIME TO TIME TELEPHONE ACCOUNT DEBTORS AND OTHER
OBLIGORS TO VERIFY ACCOUNTS.
(B)
THE BORROWER SHALL PAY WHEN DUE EACH ACCOUNT PAYABLE DUE TO A
PERSON HOLDING A PERMITTED LIEN (AS A RESULT OF SUCH PAYABLE) ON ANY COLLATERAL.
Section 6.11
Compliance with Laws.
(A)
THE BORROWER SHALL (I) COMPLY WITH THE REQUIREMENTS OF APPLICABLE
LAWS AND REGULATIONS, THE NON-COMPLIANCE WITH WHICH WOULD MATERIALLY AND
ADVERSELY AFFECT ITS BUSINESS OR ITS FINANCIAL CONDITION AND (II) USE AND KEEP
THE COLLATERAL, AND REQUIRE THAT OTHERS USE AND KEEP THE COLLATERAL, ONLY FOR
LAWFUL PURPOSES, WITHOUT VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW, STATUTE
OR ORDINANCE.
(B)
WITHOUT LIMITING THE FOREGOING UNDERTAKINGS, THE BORROWER
SPECIFICALLY AGREES THAT IT WILL COMPLY WITH ALL APPLICABLE ENVIRONMENTAL LAWS
AND OBTAIN AND COMPLY WITH ALL PERMITS, LICENSES AND SIMILAR APPROVALS REQUIRED
BY ANY ENVIRONMENTAL LAWS, AND WILL NOT GENERATE, USE, TRANSPORT, TREAT, STORE
OR DISPOSE OF ANY HAZARDOUS SUBSTANCES IN SUCH A MANNER AS TO CREATE ANY
MATERIAL LIABILITY OR OBLIGATION UNDER THE COMMON LAW OF ANY JURISDICTION OR ANY
ENVIRONMENTAL LAW.
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(C)
THE BORROWER SHALL (I) ENSURE THAT NO OWNER SHALL BE LISTED ON THE
SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSON LIST OR OTHER SIMILAR LISTS
MAINTAINED BY THE OFFICE OF FOREIGN ASSETS CONTROL ("OFAC"), THE DEPARTMENT OF
THE TREASURY OR INCLUDED IN ANY EXECUTIVE ORDERS, (II) NOT USE OR PERMIT THE USE
OF THE PROCEEDS OF THE CREDIT FACILITY OR ANY OTHER FINANCIAL ACCOMMODATION FROM
THE LENDER TO VIOLATE ANY OF THE FOREIGN ASSET CONTROL REGULATIONS OF OFAC OR
OTHER APPLICABLE LAW, (III) COMPLY WITH ALL APPLICABLE BANK SECRECY ACT LAWS AND
REGULATIONS, AS AMENDED FROM TIME TO TIME, AND (IV) OTHERWISE COMPLY WITH THE
USA PATRIOT ACT AS REQUIRED BY FEDERAL LAW AND THE LENDER'S POLICIES AND
PRACTICES.
Section 6.12
Payment of Taxes and Other Claims.
The Borrower will pay
or discharge, when due, (a) all taxes, assessments and governmental charges
levied or imposed upon it or upon its income or profits, upon any properties
belonging to it (including the Collateral) or upon or against the creation,
perfection or continuance of the Security Interest, prior to the date on which
penalties attach thereto, (b) all federal, state and local taxes required to be
withheld by it, and (c) all lawful claims for labor, materials and supplies
which, if unpaid, might by law become a Lien upon any properties of the
Borrower; provided, that the Borrower shall not be required to pay any such tax,
assessment, charge or claim whose amount, applicability or validity is being
contested in good faith by appropriate proceedings and for which proper reserves
have been made.
Section 6.13
Maintenance of Properties.
(A)
THE BORROWER WILL KEEP AND MAINTAIN THE COLLATERAL AND ALL OF ITS
OTHER PROPERTIES NECESSARY OR USEFUL IN ITS BUSINESS IN GOOD CONDITION,