THE RELATED
CONSOLIDATED STATEMENT OF INCOME AND STATEMENT OF CASH FLOW FOR SUCH MONTH, ALL
IN REASONABLE DETAIL AND PREPARED IN ACCORDANCE WITH GAAP WITH THE EXCEPTION OF
NOTES TO THE FINANCIAL STATEMENTS, TOGETHER WITH A CERTIFICATION BY THE CHIEF
FINANCIAL OFFICER OF BORROWER (IN HIS OF HER CAPACITY AS AN OFFICER OF BORROWER
AND WITHOUT PERSONAL LIABILITY) THAT THE INFORMATION CONTAINED IN SUCH FINANCIAL
STATEMENTS FAIRLY PRESENTS IN ALL MATERIAL RESPECTS BORROWER'S FINANCIAL
POSITION ON THE DATE THEREOF (SUBJECT TO YEAR END ADJUSTMENTS); AND
(III)
AS SOON AS AVAILABLE, BUT IN ANY EVENT NOT LATER THAN 60 DAYS
AFTER THE DATE HEREOF, OF A BUSINESS PLAN FOR SUCH FUTURE PERIODS, AND INCLUDING
SUCH ITEMS, AS IS REQUESTED BY LENDER, IN FORM AND SUBSTANCE REASONABLY
SATISFACTORY TO LENDER;
(IV)
AS SOON AS AVAILABLE (AND UNLESS UNREASONABLE, WITHIN 30 DAYS)
AFTER THE END OF EACH MONTH, A CASH PROJECTION IN A FORM CONSISTENT WITH THE
SCHEDULE SHOWN ON EXHIBIT E; AND
(V)
ALL OTHER INFORMATION REASONABLY REQUESTED BY LENDER.
(B)
EXISTENCE.
BORROWER WILL DO OR CAUSE TO BE DONE ALL THINGS
NECESSARY TO PRESERVE AND KEEP IN FULL FORCE AND EFFECT ITS CORPORATE EXISTENCE.
(C)
COMPLIANCE WITH LAWS; APPROVALS AND AUTHORITY.
EXCEPT AS IS NOT
REASONABLY LIKELY, INDIVIDUALLY OR IN THE AGGREGATE, TO HAVE A MATERIAL ADVERSE
EFFECT, BORROWER WILL COMPLY WITH THE APPLICABLE LAWS AND REGULATIONS WHEREVER
ITS BUSINESS IS CONDUCTED INCLUDING, WITHOUT LIMITATION, ERISA AND ALL
ENVIRONMENTAL LAWS, AND ALL ORDERS OF ANY TRIBUNAL UNDER ANY SUCH LEGISLATION
THAT APPLIES TO THE CONDUCT OF OPERATING AND ADMINISTERING ITS BUSINESS.
(D)
ERISA COMPLIANCE.
UPON REASONABLE REQUEST OF LENDER, BORROWER
WILL (I) PROMPTLY UPON ITS FILING THE SAME, OR AS SOON AS POSSIBLE AFTER
NOTIFICATION TO BORROWER OF THE FILING BY ANOTHER PERSON OF THE SAME, WITH THE
DEPARTMENT OF LABOR OR INTERNAL REVENUE SERVICE, FURNISH TO LENDER COPIES OF THE
MOST RECENT ACTUARIAL STATEMENT, IF ANY, REQUIRED TO BE SUBMITTED UNDER
§103(D) OF ERISA AND ANNUAL REPORT - FORM 5500, WITH ALL REQUIRED ATTACHMENTS,
IN RESPECT OF EACH GUARANTEED PENSION PLAN, AND (II) PROMPTLY UPON RECEIPT OR
DISPATCH BY BORROWER, OR AS SOON AS POSSIBLE AFTER NOTIFICATION TO BORROWER OF
RECEIPT OR DISPATCH BY ANOTHER PERSON, FURNISH TO LENDER ANY NOTICE, REPORT OR
DEMAND SENT OR RECEIVED IN RESPECT OF A GUARANTEED PENSION PLAN UNDER §§302,
4041, 4042, 4043, 4063, 4065, 4066 AND
18
4068 OF ERISA, OR IN RESPECT OF A MULTIEMPLOYER PLAN, UNDER §§4041A, 4202, 4219,
4242, OR 4245 OF ERISA WHICH INVOLVES A LIABILITY WHICH IS REASONABLY LIKELY TO
RESULT IN A MATERIAL ADVERSE EFFECT.
(E)
INSURANCE.
BORROWER SHALL MAINTAIN IN FULL FORCE AND EFFECT FIRE
AND CASUALTY INSURANCE POLICIES, AND INSURANCE AGAINST OTHER HAZARDS, RISKS AND
LIABILITIES TO PERSONS AND PROPERTY TO THE EXTENT AND IN THE MANNER CUSTOMARY
FOR COMPANIES IN SIMILAR BUSINESSES SIMILARLY SITUATED.
(F)
TAXES.
BORROWER WILL DULY PAY AND DISCHARGE, OR CAUSE TO BE PAID
AND DISCHARGED, BEFORE THE SAME SHALL BECOME OVERDUE OR SUBJECT TO PENALTY OR
INTEREST, ALL TAXES,