TO AN AGREEMENT THAT HAS BEEN ENTERED INTO BY THE
BORROWER OR ANY SUBSIDIARY FOR THE DISPOSITION OF ANY OF ITS PROPERTY OR ASSETS
SO LONG AS SUCH DISPOSITION IS OTHERWISE PERMITTED UNDER THE LOAN DOCUMENTS;
(E) ANY SUCH AGREEMENT IMPOSED IN CONNECTION WITH CONSIGNMENT AGREEMENTS ENTERED
INTO IN THE ORDINARY COURSE OF BUSINESS; (F) ANY AGREEMENT IN EXISTENCE ON THE
PETITION DATE; (G) ANY AGREEMENT IN EXISTENCE AT THE TIME A SUBSIDIARY IS
ACQUIRED SO LONG AS SUCH AGREEMENT WAS NOT ENTERED INTO IN CONTEMPLATION OF SUCH
ACQUISITION; (H) RESTRICTIONS ON CASH OR OTHER DEPOSITS IMPOSED BY CUSTOMERS
UNDER CONTRACTS ENTERED INTO IN THE ORDINARY COURSE OF BUSINESS; AND
(I) CUSTOMARY PROVISIONS RESTRICTING ASSIGNMENT OF ANY AGREEMENT ENTERED INTO IN
THE ORDINARY COURSE OF BUSINESS.
(P)
SALES AND LEASE BACKS.
EXCEPT AS SET FORTH ON SCHEDULE 5.02(P),
(I) BECOME OR REMAIN LIABLE AS LESSEE OR AS A GUARANTOR OR OTHER SURETY WITH
RESPECT TO ANY LEASE OF ANY PROPERTY,
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WHETHER NOW OWNED OR HEREAFTER ACQUIRED (A) WHICH SUCH LOAN PARTY HAS SOLD OR
TRANSFERRED OR IS TO SELL OR TRANSFER TO ANY OTHER PERSON (OTHER THAN ANOTHER
LOAN PARTY) OR (B) WHICH SUCH LOAN PARTY INTENDS TO USE FOR SUBSTANTIALLY THE
SAME PURPOSE AS ANY OTHER PROPERTY WHICH HAS BEEN OR IS TO BE SOLD OR
TRANSFERRED BY A LOAN PARTY TO ANY PERSON (OTHER THAN ANOTHER LOAN PARTY) IN
CONNECTION WITH SUCH LEASE, OR (II) CREATE, INCUR, ASSUME OR SUFFER TO EXIST ANY
OBLIGATIONS AS LESSEE UNDER OPERATING LEASES OR AGREEMENTS TO LEASE HAVING AN
ORIGINAL TERM OF ONE YEAR OR MORE THAT WOULD CAUSE THE DIRECT AND CONTINGENT
LIABILITIES OF THE BORROWER AND ITS SUBSIDIARIES, ON A CONSOLIDATED BASIS, IN
RESPECT OF ALL SUCH OBLIGATIONS TO EXCEED $50,000,000 PAYABLE IN ANY PERIOD OF
12 CONSECUTIVE MONTHS.
(Q)
SPECULATIVE TRANSACTIONS.
ENGAGE, OR PERMIT ANY OF ITS
SUBSIDIARIES TO ENGAGE, IN ANY INTEREST RATE, COMMODITY, HEDGE, CURRENCY OR
FUTURE CONTRACT OR SIMILAR SPECULATIVE TRANSACTION, EXCEPT FOR HEDGE
TRANSACTIONS FOR THE SOLE PURPOSE OF RISK MANAGEMENT OF FLUCTUATIONS IN INTEREST
RATES, EXCHANGE RATES AND COMMODITY PRICES IN THE NORMAL COURSE OF BUSINESS AND
CONSISTENT WITH INDUSTRY PRACTICE.
Section 5.03
Reporting Requirements. So long as any Advance shall remain
unpaid, any Letter of Credit shall be outstanding and not Cash Collateralized or
any Lender Party shall have any Commitment hereunder, the Borrower will furnish
to the Administrative Agent:
(A)
DEFAULT NOTICE.
AS SOON AS POSSIBLE AND IN ANY EVENT WITHIN THREE
BUSINESS DAYS AFTER ANY LOAN PARTY OR ANY RESPONSIBLE OFFICER THEREOF HAS
KNOWLEDGE OF THE OCCURRENCE OF EACH DEFAULT OR WITHIN FIVE BUSINESS DAYS AFTER
ANY LOAN PARTY OR ANY RESPONSIBLE OFFICER THEREOF HAS KNOWLEDGE OF THE
OCCURRENCE OF ANY EVENT, DEVELOPMENT OR OCCURRENCE REASONABLY LIKELY TO HAVE A
MATERIAL ADVERSE EFFECT CONTINUING ON THE DATE OF SUCH STATEMENT, A STATEMENT OF
A RESPONSIBLE OFFICER (OR PERSON PERFORMING SIMILAR FUNCTIONS) OF THE BORROWER
SETTING FORTH DETAILS OF SUCH DEFAULT OR OTHER EVENT AND THE ACTION THAT THE
BORROWER