THE RELATED DOCUMENTS OR ANY INDEBTEDNESS IN EXCESS OF THE THRESHOLD AMOUNT AS
THE ADMINISTRATIVE AGENT MAY REASONABLY REQUEST;
(I)
PROMPTLY AFTER THE ASSERTION OR OCCURRENCE THEREOF, NOTICE OF ANY
ASSERTION OF ENVIRONMENTAL LIABILITY AGAINST OR OF ANY NONCOMPLIANCE BY ANY LOAN
PARTY OR ANY OF ITS SUBSIDIARIES WITH ANY ENVIRONMENTAL LAW OR ENVIRONMENTAL
PERMIT THAT WOULD (I) REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT
OR (II) CAUSE ANY PROPERTY DESCRIBED IN THE MORTGAGES TO BE SUBJECT TO ANY
MATERIAL RESTRICTIONS ON OWNERSHIP, OCCUPANCY, USE OR TRANSFERABILITY UNDER ANY
ENVIRONMENTAL LAW;
(J)
NOT LESS FREQUENTLY THAN ANNUALLY, A REPORT SUPPLEMENTING
SCHEDULES 5.08(C) AND 5.08(D)(I) AND (II), AND 5.13 HERETO, INCLUDING AN
IDENTIFICATION OF ALL OWNED AND LEASED REAL PROPERTY DISPOSED OF BY ANY LOAN
PARTY OR ANY OF ITS SUBSIDIARIES DURING SUCH FISCAL YEAR, A LIST AND DESCRIPTION
(INCLUDING THE STREET ADDRESS, COUNTY OR OTHER RELEVANT JURISDICTION AND STATE
AND, IN THE CASE OF LEASES OF PROPERTY, LESSOR, LESSEE, EXPIRATION DATE AND
ANNUAL RENTAL COST THEREOF AND, IN THE CASE OF OWNED REAL PROPERTY, THE PURCHASE
PRICE THEREOF) OF ALL REAL PROPERTY ACQUIRED OR LEASED DURING SUCH FISCAL YEAR
(IN THE CASE OF LEASES, EXCEEDING $250,000 IN ANNUAL RENT) AND A DESCRIPTION OF
SUCH OTHER CHANGES IN THE INFORMATION INCLUDED IN SUCH SCHEDULES AS MAY BE
NECESSARY FOR SUCH SCHEDULES TO BE ACCURATE AND COMPLETE;
(K)
PROMPTLY AFTER THE RECEIPT THEREOF, COPIES OF ALL REVENUE AGENT
REPORTS (INTERNAL REVENUE SERVICE FORM 886), OR OTHER WRITTEN PROPOSALS OF THE
INTERNAL REVENUE SERVICE, THAT PROPOSE, DETERMINE OR OTHERWISE SET FORTH
POSITIVE ADJUSTMENTS TO THE FEDERAL INCOME TAX LIABILITY OF THE AFFILIATED GROUP
(WITHIN THE MEANING OF SECTION 1504(A)(1) OF THE CODE) OF WHICH THE BORROWER IS
A MEMBER AGGREGATING $1,000,000 OR MORE;
(L)
FROM TIME TO TIME, UPON THE REASONABLE REQUEST OF THE
ADMINISTRATIVE AGENT, BUT IN NO EVENT MORE OFTEN THAN ONCE IN ANY FISCAL YEAR
(UNLESS AN EVENT OF DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING, IN WHICH CASE
AS OFTEN AS REASONABLY REQUESTED BY THE ADMINISTRATIVE
71
AGENT), PARTICIPATION BY SENIOR MANAGEMENT OF THE BORROWER IN CONFERENCE CALLS
WITH LENDERS TO DISCUSS THE BORROWER'S FINANCIAL RESULTS; AND
(M)
PROMPTLY, SUCH ADDITIONAL INFORMATION REGARDING THE BUSINESS,
FINANCIAL, LEGAL OR CORPORATE AFFAIRS (INCLUDING ANY INFORMATION REQUIRED UNDER
THE PATRIOT ACT) OF ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES, OR COMPLIANCE
WITH THE TERMS OF THE LOAN DOCUMENTS, AS THE ADMINISTRATIVE AGENT OR ANY LENDER
MAY FROM TIME TO TIME REASONABLY REQUEST.
Documents required to be delivered pursuant to Section 6.01(a) or (b) or Section
6.02(d) (to the extent any such documents are included in materials otherwise
filed with the SEC) may be delivered electronically and, if so delivered, shall
be deemed to have been delivered on the date (i) on which the Borrower posts
such documents, or provides a link thereto on the Borrower's website on the
Internet at the website address listed on Schedule 10.02; (ii) on which Borrower
delivers such documents by electronic mail to