SUCH ACTION, SUIT,
INVESTIGATION, LITIGATION, ARBITRATION OR PROCEEDING (AND, IN EACH CASE, UPON
THE REASONABLE REQUEST OF THE ADMINISTRATIVE AGENT, ANY OTHER INFORMATION
AVAILABLE TO ANY OF THE LOAN PARTIES OR ANY OF THEIR SUBSIDIARIES WITH RESPECT
TO ANY OF THE FOREGOING THAT WOULD ENABLE THE ADMINISTRATIVE AGENT AND THE
LENDERS TO MORE FULLY EVALUATE SUCH ACTION, SUIT, INVESTIGATION, LITIGATION,
ARBITRATION OR PROCEEDING, UNLESS THE LOAN PARTY OR THE APPLICABLE SUBSIDIARY IS
PRECLUDED FROM DISCLOSING ANY SUCH REPORT OR STATEMENT PURSUANT TO A
CONFIDENTIALITY AGREEMENT WITH THE APPLICABLE GOVERNMENTAL AUTHORITY).
106
(J)
SECURITIES REPORTS, ETC.
PROMPTLY AND
IN ANY EVENT WITHIN FIVE BUSINESS DAYS AFTER THE SENDING OR FILING THEREOF,
COPIES OF ALL PROXY STATEMENTS, FINANCIAL STATEMENTS, CHANGE REPORTS AND OTHER
REPORTS THAT ANY LOAN PARTY OR ANY OF ITS SUBSIDIARIES SENDS TO ITS
STOCKHOLDERS, PARTNERS OR MEMBERS (OR EQUIVALENT PERSONS THERETO), AND COPIES OF
ALL REGULAR, PERIODIC AND SPECIAL REPORTS AND INFORMATION FORMS, AND ALL
REGISTRATION STATEMENTS, PROSPECTUSES AND INFORMATION MEMORANDA, THAT ANY LOAN
PARTY OR ANY OF ITS SUBSIDIARIES FILES WITH THE SECURITIES AND EXCHANGE
COMMISSION OR ANY GOVERNMENTAL AUTHORITY THAT MAY BE SUBSTITUTED THEREFOR, OR
WITH ANY NATIONAL OR INTERNATIONAL SECURITIES EXCHANGE, AND COPIES OF ALL
PRIVATE PLACEMENT OR OFFERING MEMORANDA PURSUANT TO WHICH SECURITIES OF SUCH
LOAN PARTY OR SUBSIDIARY THAT ARE EXEMPT FROM REGISTRATION UNDER THE SECURITIES
ACT ARE PROPOSED TO BE ISSUED AND SOLD THEREBY.
(K)
CREDITOR REPORTS.
PROMPTLY AFTER THE
FURNISHING OR RECEIPT THEREOF, COPIES OF ANY STATEMENT OR REPORT FURNISHED TO OR
RECEIVED FROM ANY OTHER HOLDER OF THE SECURITIES OF ANY LOAN PARTY OR ANY OF ITS
SUBSIDIARIES PURSUANT TO THE TERMS OF ANY INDENTURE, LOAN OR CREDIT AGREEMENT,
RECEIVABLES PURCHASE AGREEMENT OR SIMILAR AGREEMENT OF SUCH LOAN PARTY OR
SUBSIDIARY WITH AMOUNTS OUTSTANDING OR HAVING COMMITMENTS TO EXTEND CREDIT IN AN
AGGREGATE PRINCIPAL AMOUNT OF AT LEAST $20,000,000 (INCLUDING, WITHOUT
LIMITATION, ANY AMENDMENTS, WAIVERS OR CONSENTS GIVEN OR REQUESTED IN RESPECT
THEREOF AND ANY NOTICES OF DEFAULT, ACCELERATION OR REDEMPTION DELIVERED
THEREUNDER) AND NOT OTHERWISE REQUIRED TO BE FURNISHED TO THE ADMINISTRATIVE
AGENT (FOR THE BENEFIT OF THE LENDERS) PURSUANT TO ANY OTHER CLAUSE OF THIS
SECTION 6.13.
(L)
ERISA EVENTS AND ERISA REPORTS; PLAN
TERMINATIONS, ETC.
(I) PROMPTLY AND IN ANY EVENT WITHIN 15 DAYS AFTER ANY OF
THE LOAN PARTIES OR ANY OF THE ERISA AFFILIATES KNOWS OR HAS REASON TO KNOW THAT
ANY ERISA EVENT WHICH COULD REASONABLY BE EXPECTED TO RESULT IN A MATERIAL
LIABILITY HAS OCCURRED, A STATEMENT OF A RESPONSIBLE OFFICER OF THE BORROWER
DESCRIBING SUCH MATERIAL ERISA EVENT AND THE ACTION, IF ANY, THAT THE BORROWER,
SUCH OTHER APPLICABLE LOAN PARTY OR SUCH ERISA AFFILIATE HAS TAKEN AND/OR
PROPOSES TO TAKE WITH RESPECT THERETO, TOGETHER WITH MATERIALS OR INFORMATION
FILED OR TO BE FILED WITH ANY GOVERNMENTAL AUTHORITY OR ANY TRUSTEE FOR ANY PLAN
AS A RESULT OF SUCH MATERIAL ERISA EVENT; (II) ON THE DATE ON WHICH ANY RECORDS,
DOCUMENTS OR OTHER INFORMATION MUST BE FURNISHED TO THE PBGC WITH RESPECT