INFORMATION) TO THE ANNUAL REPORT
(FORM 5500 SERIES) WITH RESPECT TO EACH ERISA PLAN.
(L)
MULTIEMPLOYER PLAN NOTICES.
PROMPTLY AND IN ANY EVENT WITHIN
FIVE BUSINESS DAYS AFTER RECEIPT THEREOF BY ANY LOAN PARTY OR ANY ERISA
AFFILIATE FROM THE SPONSOR OF A MULTIEMPLOYER PLAN, COPIES OF EACH NOTICE
CONCERNING (I) THE IMPOSITION OF WITHDRAWAL LIABILITY BY ANY SUCH MULTIEMPLOYER
PLAN, (II) THE REORGANIZATION OR TERMINATION, WITHIN THE MEANING OF TITLE IV OF
ERISA, OF ANY SUCH MULTIEMPLOYER PLAN OR (III) 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 (I) OR (II) ABOVE.
(M)
LITIGATION.
PROMPTLY AFTER THE COMMENCEMENT THEREOF, NOTICE OF
EACH UNSTAYED ACTION, SUIT, INVESTIGATION, LITIGATION AND PROCEEDING BEFORE ANY
COURT OR GOVERNMENTAL DEPARTMENT, COMMISSION, BOARD, BUREAU, AGENCY OR
INSTRUMENTALITY, DOMESTIC OR FOREIGN, AFFECTING ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES THAT (I) IS REASONABLY LIKELY TO BE DETERMINED ADVERSELY AND IF SO
DETERMINED ADVERSELY COULD BE REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE
EFFECT OR (II) PURPORTS TO AFFECT THE LEGALITY, VALIDITY OR ENFORCEABILITY OF
THIS AGREEMENT, ANY NOTE, ANY OTHER LOAN DOCUMENT OR THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED HEREBY.
(N)
MATERIAL EVENTS.
PROMPTLY AFTER THE OCCURRENCE OF ANY EVENT OR
DEVELOPMENT WHICH COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE
EFFECT, A STATEMENT OF A RESPONSIBLE OFFICER OF THE BORROWER SETTING FORTH THE
DETAILS OF SUCH EVENT OR DEVELOPMENT.
(O)
SECURITIES REPORTS.
WITHIN 30 DAYS AFTER THE SAME BECOME PUBLIC,
COPIES OF ALL FINANCIAL STATEMENTS AND REPORTS WHICH THE BORROWER MAY MAKE TO,
OR FILE WITH, THE SEC OR ANY SUCCESSOR OR ANALOGOUS GOVERNMENTAL AUTHORITY;
PROVIDED, THAT SUCH FINANCIAL STATEMENTS AND REPORTS SHALL BE DEEMED DELIVERED
TO EACH LENDER UPON FILING WITH THE SEC.
(P)
AGREEMENT NOTICES.
PROMPTLY UPON RECEIPT THEREOF, COPIES OF ALL
MATERIAL NOTICES, REQUESTS AND OTHER DOCUMENTS RECEIVED BY ANY LOAN PARTY OR ANY
OF ITS SUBSIDIARIES UNDER OR PURSUANT TO ANY INSTRUMENT, INDENTURE, LOAN OR
CREDIT OR SIMILAR AGREEMENT DIRECTLY RELATED TO ANY BREACH OR DEFAULT BY ANY
PARTY THERETO OR ANY OTHER EVENT THAT COULD HAVE AN ADVERSE EFFECT WITH RESPECT
TO THE LENDERS' INTERESTS OR RIGHTS IN RESPECT OF THE COLLATERAL OR OTHERWISE
HAVE A MATERIAL ADVERSE EFFECT AND, FROM TIME TO TIME UPON REQUEST BY THE
ADMINISTRATIVE AGENT, SUCH INFORMATION AND REPORTS REGARDING SUCH INSTRUMENTS,
INDENTURES AND LOAN AND CREDIT AND SIMILAR AGREEMENTS AS THE ADMINISTRATIVE
AGENT MAY REASONABLY REQUEST.
(Q)
OTHER INFORMATION.
SUCH OTHER INFORMATION RESPECTING THE
BUSINESS, CONDITION (FINANCIAL OR OTHERWISE), OPERATIONS, PERFORMANCE,
PROPERTIES OR PROSPECTS OF ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES (INCLUDING
IN RESPECT OF THE COLLATERAL) AS THE ADMINISTRATIVE AGENT OR THE COLLATERAL
AGENT MAY FROM TIME TO TIME REASONABLY REQUEST.
Documents required to be delivered pursuant to Section 5.01 or this Section 5.03
(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