INSURANCE REQUIRED TO BE MAINTAINED PURSUANT TO
THE SECURITY DOCUMENTS.
THE BORROWERS WILL FURNISH TO THE LENDERS, UPON REQUEST
OF THE ADMINISTRATIVE AGENT, INFORMATION IN REASONABLE DETAIL AS TO THE
INSURANCE SO MAINTAINED.
SECTION 5.08.
CASUALTY AND CONDEMNATION.
THE BORROWERS (A) WILL FURNISH TO THE
ADMINISTRATIVE AGENT AND THE LENDERS PROMPT WRITTEN NOTICE OF ANY CASUALTY OR
OTHER INSURED DAMAGE TO ANY MATERIAL PORTION OF THE COLLATERAL OR THE
COMMENCEMENT OF ANY ACTION OR PROCEEDING FOR THE TAKING OF ANY MATERIAL PORTION
OF OR ANY MATERIAL INTEREST IN THE COLLATERAL UNDER POWER OF EMINENT DOMAIN OR
BY CONDEMNATION OR SIMILAR PROCEEDING AND (B) WILL ENSURE THAT THE NET PROCEEDS
OF ANY SUCH EVENT (WHETHER IN THE FORM OF INSURANCE PROCEEDS, CONDEMNATION
AWARDS OR OTHERWISE) ARE COLLECTED AND APPLIED IN ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF THE SECURITY DOCUMENTS.
SECTION 5.09.
BOOKS AND RECORDS; INSPECTION AND AUDIT RIGHTS.
THE PARENT
BORROWER WILL, AND WILL CAUSE EACH SUBSIDIARY TO, KEEP PROPER BOOKS OF RECORD
AND ACCOUNT IN WHICH FULL, TRUE AND CORRECT ENTRIES ARE MADE OF ALL DEALINGS AND
TRANSACTIONS IN RELATION TO ITS BUSINESS AND ACTIVITIES.
THE PARENT BORROWER
WILL, AND WILL CAUSE EACH SUBSIDIARY TO, PERMIT ANY REPRESENTATIVES DESIGNATED
BY THE ADMINISTRATIVE AGENT OR ANY LENDER, UPON REASONABLE PRIOR NOTICE, TO
VISIT AND INSPECT ITS PROPERTIES, TO EXAMINE AND MAKE EXTRACTS FROM ITS BOOKS
AND RECORDS, AND TO DISCUSS ITS AFFAIRS, FINANCES AND CONDITION WITH ITS
OFFICERS AND INDEPENDENT ACCOUNTANTS, ALL AT SUCH REASONABLE TIMES AND AS OFTEN
AS REASONABLY REQUESTED.
SECTION 5.10.
COMPLIANCE WITH LAWS.
THE PARENT BORROWER WILL, AND WILL CAUSE
EACH OF ITS SUBSIDIARIES TO, COMPLY WITH ALL REQUIREMENTS OF LAW (INCLUDING
ENVIRONMENTAL LAW) APPLICABLE TO IT OR ITS PROPERTY, EXCEPT WHERE THE FAILURE TO
DO SO, INDIVIDUALLY OR IN THE AGGREGATE, COULD NOT REASONABLY BE EXPECTED TO
RESULT IN A MATERIAL ADVERSE EFFECT.
SECTION 5.11.
USE OF PROCEEDS AND LETTERS OF CREDIT.
THE PROCEEDS OF THE LOANS
MADE ON THE EFFECTIVE DATE (EXCLUDING EXISTING LOANS CONVERTED INTO LOANS
HEREUNDER) SHALL BE USED TO REPAY ALL LOANS AND OTHER AMOUNTS OUTSTANDING UNDER
THE ORIGINAL CREDIT AGREEMENT, IF ANY, ON THE EFFECTIVE DATE IN ACCORDANCE WITH
SECTION 2.01.
THEREAFTER, THE PROCEEDS OF THE REVOLVING LOANS AND SWINGLINE
LOANS WILL BE USED ONLY
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FOR WORKING CAPITAL AND GENERAL CORPORATE PURPOSES (INCLUDING PERMITTED
ACQUISITIONS).
NO PART OF THE PROCEEDS OF ANY LOAN WILL BE USED, WHETHER
DIRECTLY OR INDIRECTLY, FOR ANY PURPOSE THAT ENTAILS A VIOLATION OF ANY OF THE
REGULATIONS OF THE BOARD, INCLUDING REGULATIONS T, U AND X.
LETTERS OF CREDIT
WILL BE USED ONLY FOR GENERAL CORPORATE PURPOSES.
SECTION 5.12.
ADDITIONAL SUBSIDIARIES.
IF ANY ADDITIONAL SUBSIDIARY IS FORMED
OR ACQUIRED AFTER THE EFFECTIVE DATE, THE PARENT BORROWER WILL, WITHIN FIVE
BUSINESS DAYS AFTER SUCH SUBSIDIARY IS FORMED OR ACQUIRED, NOTIFY THE COLLATERAL
AGENT AND THE LENDERS THEREOF AND CAUSE THE COLLATERAL AND GUARANTEE REQUIREMENT
TO BE SATISFIED WITH RESPECT TO SUCH SUBSIDIARY (IF IT IS A SUBSIDIARY LOAN
PARTY) AND WITH RESPECT TO ANY EQUITY