MAKING OF ANY ADVANCES, NOR THE ISSUANCE OF ANY
LETTERS OF CREDIT, NOR THE APPLICATION OF THE PROCEEDS OR REPAYMENT THEREOF BY
THE BORROWERS, NOR THE CONSUMMATION OF THE OTHER TRANSACTIONS CONTEMPLATED BY
THE LOAN DOCUMENTS, WILL VIOLATE ANY PROVISION OF ANY SUCH ACT OR ANY RULE,
REGULATION OR ORDER OF THE SECURITIES AND EXCHANGE COMMISSION THEREUNDER.
70
(I)
NO BURDENSOME RESTRICTIONS. NEITHER ANY LOAN PARTY NOR ANY OF ITS
SUBSIDIARIES IS A PARTY TO ANY INDENTURE, LOAN OR CREDIT AGREEMENT OR ANY LEASE
OR OTHER AGREEMENT OR INSTRUMENT CONTAINING RESTRICTIONS, OR SUBJECT TO ANY
CHARTER OR CORPORATE RESTRICTION, THAT COULD BE REASONABLY EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT.
(J)
SOLVENCY. BMCA AND ITS SUBSIDIARIES, TAKEN AS A WHOLE ARE SOLVENT
(ASSUMING THAT NEITHER BMCA NOR ANY OF ITS SUBSIDIARIES HAS ANY LIABILITY IN
RESPECT OF ASBESTOS CLAIMS).
(K)
ERISA MATTERS. (I)
SET FORTH ON SCHEDULE 4.01(K) HERETO, AS OF
THE DATE HEREOF, IS A COMPLETE AND ACCURATE LIST OF ALL PLANS AND MULTIEMPLOYER
PLANS.
(II)
NO ERISA EVENT HAS OCCURRED OR IS REASONABLY EXPECTED TO OCCUR
WITH RESPECT TO ANY PLAN THAT WOULD RESULT IN A MATERIAL LIABILITY.
(III)
SCHEDULE B (ACTUARIAL INFORMATION) TO THE MOST RECENT ANNUAL
REPORT (FORM 5500 SERIES) FOR EACH PLAN, COPIES OF WHICH HAVE BEEN FILED WITH
THE INTERNAL REVENUE SERVICE AND FURNISHED TO THE LENDER PARTIES, IS COMPLETE
AND ACCURATE IN ALL MATERIAL RESPECTS AND FAIRLY PRESENTS THE FUNDING STATUS OF
SUCH PLAN, AND SINCE THE DATE OF SUCH SCHEDULE B THERE HAS BEEN NO MATERIAL
ADVERSE CHANGE IN SUCH FUNDING STATUS.
(IV)
NEITHER ANY LOAN PARTY NOR ANY ERISA AFFILIATE HAS INCURRED OR IS
REASONABLY EXPECTED TO INCUR ANY MATERIAL WITHDRAWAL LIABILITY TO ANY
MULTIEMPLOYER PLAN WHICH HAS NOT BEEN FULLY SATISFIED.
(V)
NEITHER ANY LOAN PARTY NOR ANY ERISA AFFILIATE HAS BEEN NOTIFIED
BY THE SPONSOR OF A MULTIEMPLOYER PLAN THAT SUCH MULTIEMPLOYER PLAN IS IN
REORGANIZATION OR HAS BEEN TERMINATED, WITHIN THE MEANING OF TITLE IV OF ERISA,
AND NO SUCH MULTIEMPLOYER PLAN IS REASONABLY EXPECTED TO BE IN REORGANIZATION OR
TO BE TERMINATED, WITHIN THE MEANING OF TITLE IV OF ERISA EXCEPT TO THE EXTENT
SUCH REORGANIZATION OR TERMINATION HAS NOT RESULTED, AND IS NOT REASONABLY
EXPECTED TO RESULT, IN A MATERIAL LIABILITY OF ANY LOAN PARTY OR ANY ERISA
AFFILIATE.
(L)
ENVIRONMENTAL MATTERS. EXCEPT AS SET FORTH ON SCHEDULE 4.01(L),
(I)
THE OPERATIONS AND PROPERTIES OF EACH LOAN PARTY AND EACH OF ITS
SUBSIDIARIES COMPLY IN ALL MATERIAL RESPECTS WITH ENVIRONMENTAL LAWS AND
ENVIRONMENTAL PERMITS, ALL PAST NON-COMPLIANCE WITH SUCH ENVIRONMENTAL LAWS AND
ENVIRONMENTAL PERMITS HAS BEEN RESOLVED OR IS EXPECTED TO BE RESOLVED WITHOUT
MATERIAL ONGOING OBLIGATIONS OR COSTS, AND, TO THE KNOWLEDGE OF THE LOAN
PARTIES, NO CIRCUMSTANCES EXIST THAT COULD BE REASONABLY LIKELY TO (A) FORM THE
BASIS OF AN ENVIRONMENTAL ACTION AGAINST ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES OR ANY OF THEIR PROPERTIES THAT COULD REASONABLY BE LIKELY TO HAVE
A MATERIAL ADVERSE EFFECT OR (B) CAUSE ANY SUCH PROPERTY