DOCUMENTS. WITHIN 60 DAYS AFTER THE EARLIER OF (A) RECEIVING THE
APPLICABLE IRB CONSENT FOR AN IRB PROPERTY OR (B) THE UNDERLYING INDUSTRIAL
REVENUE BOND (OR LIKE) FINANCING BEING DISCHARGED, THE BORROWERS SHALL DELIVER,
OR CAUSE THE APPLICABLE LOAN PARTY TO DELIVER, TO THE ADMINISTRATIVE AGENT, THE
ITEMS, AGREEMENTS, INSTRUMENTS AND DOCUMENTS SET FORTH IN SECTION 3.01(B)(IV)
AND SECTION 3.01(B)(V) WITH RESPECT TO SUCH IRB PROPERTY, INCLUDING A NEW LAND
SURVEY AS DESCRIBED IN SECTION 5.01(K)(III).
(VII)
THE BORROWERS SHALL USE THEIR COMMERCIALLY REASONABLE EFFORTS TO
REQUEST AND OBTAIN OR CAUSE THE APPLICABLE LOAN PARTY WHO HOLDS TITLE TO EACH
LEASED PROPERTY TO REQUEST AND OBTAIN FROM THE APPLICABLE LANDLORD NOT LATER
THAN 60 DAYS AFTER THE CLOSING
61
DATE (OR SUCH LATER DATE AS MAY BE AGREED TO BY THE ADMINISTRATIVE AGENT), A
COLLATERAL ACCESS AGREEMENT WITH RESPECT TO SUCH LEASED PROPERTY IN FORM AND
SUBSTANCE SATISFACTORY TO THE ADMINISTRATIVE AGENT IN ITS REASONABLE DISCRETION.
(L)
PERFORMANCE OF TAX AGREEMENT. PERFORM AND OBSERVE, AND CAUSE EACH
OF ITS SUBSIDIARIES TO PERFORM AND OBSERVE, ALL OF THE TERMS AND PROVISIONS OF
THE TAX AGREEMENT TO BE PERFORMED OR OBSERVED BY IT, MAINTAIN THE TAX AGREEMENT
IN FULL FORCE AND EFFECT, ENFORCE THE TAX AGREEMENT IN ACCORDANCE WITH ITS
TERMS, AND TAKE ALL SUCH ACTION UNDER THE TAX AGREEMENT TO SUCH END AS MAY BE
FROM TIME TO TIME REASONABLY REQUESTED BY THE ADMINISTRATIVE AGENT.
(M)
PREPARATION OF ENVIRONMENTAL REPORTS. AT THE REASONABLE REQUEST OF
THE ADMINISTRATIVE AGENT FROM TIME TO TIME (NOT TO EXCEED ONCE PER YEAR FOR EACH
SUCH PROPERTY, EXCEPT DURING THE CONTINUANCE OF ANY DEFAULT), PROVIDE TO THE
ADMINISTRATIVE AGENT WITHIN 60 DAYS AFTER SUCH REQUEST OR SUCH LATER DATE AS MAY
BE AGREED TO BY THE ADMINISTRATIVE AGENT, AT THE EXPENSE OF BMCA, AN
ENVIRONMENTAL SITE ASSESSMENT REPORT FOR ANY OF ITS OR ITS SUBSIDIARIES'
PROPERTIES DESCRIBED IN SUCH REQUEST, PREPARED BY AN ENVIRONMENTAL CONSULTING
FIRM ACCEPTABLE TO THE ADMINISTRATIVE AGENT, INDICATING THE PRESENCE OR ABSENCE
OF HAZARDOUS MATERIALS AND THE ESTIMATED COST OF ANY COMPLIANCE, REMOVAL OR
REMEDIAL ACTION IN CONNECTION WITH ANY HAZARDOUS MATERIALS ON SUCH PROPERTIES,
IF ANY.
(N)
COMPLIANCE WITH TERMS OF LEASEHOLDS. MAKE ALL PAYMENTS AND
OTHERWISE PERFORM ALL OBLIGATIONS IN RESPECT OF ALL LEASES OF REAL PROPERTY TO
WHICH BMCA OR ANY OF ITS SUBSIDIARIES IS A PARTY, KEEP SUCH LEASES IN FULL FORCE
AND EFFECT AND NOT ALLOW SUCH LEASES TO LAPSE OR BE TERMINATED OR ANY RIGHTS TO
RENEW SUCH LEASES TO BE FORFEITED OR CANCELLED, NOTIFY THE ADMINISTRATIVE AGENT
OF ANY MATERIAL DEFAULT OF WHICH IT IS AWARE BY ANY PARTY WITH RESPECT TO SUCH
LEASES AND COOPERATE WITH THE ADMINISTRATIVE AGENT IN ALL RESPECTS TO CURE ANY
SUCH DEFAULT BY A LOAN PARTY, AND CAUSE EACH OF ITS SUBSIDIARIES TO DO SO,
EXCEPT, IN ANY CASE, WHERE THE FAILURE TO DO SO, EITHER INDIVIDUALLY OR IN THE
AGGREGATE, COULD NOT BE REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE EFFECT.
(O)
PERFORMANCE OF MATERIAL CONTRACTS. PERFORM