NOR ANY GUARANTOR HAS ANY MATERIAL INDEBTEDNESS,
OBLIGATION, OR LIABILITY, ABSOLUTE OR CONTINGENT, MATURED OR NOT MATURED, WITH
RESPECT TO THE STORAGE, TREATMENT, CLEANUP, OR DISPOSAL OF ANY SOLID WASTES,
HAZARDOUS WASTES, OR OTHER TOXIC OR HAZARDOUS SUBSTANCES (INCLUDING WITHOUT
LIMITATION ANY SUCH INDEBTEDNESS, OBLIGATION, OR LIABILITY WITH RESPECT TO ANY
CURRENT REGULATION, LAW, OR STATUTE REGARDING SUCH STORAGE, TREATMENT, CLEANUP,
OR DISPOSAL).
SECTION 4.15
INVESTMENT COMPANY ACT.
NEITHER THE BORROWER NOR ANY SUBSIDIARY
THEREOF IS AN "INVESTMENT COMPANY" OR A COMPANY "CONTROLLED" BY AN "INVESTMENT
COMPANY," WITHIN THE MEANING OF THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED.
SECTION 4.16
PUBLIC UTILITY HOLDING COMPANY ACT.
NEITHER THE BORROWER NOR ANY
SUBSIDIARY IS A "HOLDING COMPANY" OR A "SUBSIDIARY COMPANY" OF A "HOLDING
COMPANY," OR AN "AFFILIATE" OF A "HOLDING COMPANY" OR OF A "SUBSIDIARY COMPANY"
OF A "HOLDING COMPANY," WITHIN THE MEANING OF THE PUBLIC UTILITY HOLDING COMPANY
ACT OF 1935, AS AMENDED.
SECTION 4.17
OFAC.
NEITHER BORROWER NOR ANY GUARANTOR IS (OR WILL BE) A PERSON
WITH WHOM ANY LENDER IS RESTRICTED FROM DOING BUSINESS UNDER REGULATIONS OF THE
OFFICE OF FOREIGN ASSET CONTROL ("OFAC") OF THE DEPARTMENT OF THE TREASURY OF
THE UNITED STATES OF AMERICA (INCLUDING, THOSE PERSONS NAMED ON OFAC'S SPECIALLY
DESIGNATED AND BLOCKED PERSONS LIST) OR UNDER ANY STATUTE, EXECUTIVE ORDER
(INCLUDING, THE SEPTEMBER 24, 2001 EXECUTIVE ORDER BLOCKING PROPERTY AND
PROHIBITING TRANSACTIONS WITH PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT
TERRORISM), OR OTHER GOVERNMENTAL ACTION AND IS NOT AND SHALL NOT ENGAGE IN ANY
DEALINGS OR TRANSACTIONS OR OTHERWISE BE ASSOCIATED WITH SUCH PERSONS.
IN
ADDITION, BORROWER HEREBY AGREES TO PROVIDE TO ANY LENDER WITH ANY ADDITIONAL
INFORMATION THAT SUCH LENDER DEEMS NECESSARY FROM TIME TO TIME IN ORDER TO
ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS CONCERNING MONEY LAUNDERING AND
SIMILAR ACTIVITIES.
SECTION 4.18
ACCURACY OF INFORMATION.
THE REPRESENTATIONS AND WARRANTIES BY
THE BORROWER OR ANY GUARANTOR CONTAINED HEREIN OR IN ANY OTHER LOAN DOCUMENT OR
MADE HEREUNDER OR IN ANY OTHER LOAN DOCUMENT AND THE CERTIFICATES, SCHEDULES,
EXHIBITS, REPORTS OR OTHER DOCUMENTS PROVIDED OR TO BE PROVIDED BY THE BORROWER
OR ANY GUARANTOR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY OR
THEREBY (INCLUDING, WITHOUT LIMITATION, THE NEGOTIATION OF AND COMPLIANCE WITH
THE LOAN DOCUMENTS), WHEN TAKEN TOGETHER AS A WHOLE, DO NOT CONTAIN AND WILL NOT
CONTAIN A MISSTATEMENT OF A MATERIAL FACT OR OMIT TO STATE A MATERIAL FACT
REQUIRED TO BE STATED THEREIN IN ORDER TO MAKE THE STATEMENTS CONTAINED THEREIN,
IN THE LIGHT OF THE CIRCUMSTANCES UNDER WHICH MADE, NOT MISLEADING.
52
ARTICLE V
AFFIRMATIVE COVENANTS
So long as any Note shall remain unpaid or any Facility Letter of Credit
Obligations shall remain outstanding or any Revolving Credit Lender shall have
any Revolving Credit Commitment under this Agreement, the Borrower will (unless
otherwise agreed to by the Required Lenders in writing):
SECTION 5.01
MAINTENANCE OF EXISTENCE.
PRESERVE AND MAINTAIN, AND CAUSE EACH
SUBSIDIARY TO PRESERVE AND MAINTAIN (EXCEPT FOR A SUBSIDIARY THAT CEASES TO
MAINTAIN ITS EXISTENCE