NOTICE ASSERTING ANY FAILURE BY ANY CREDIT
PARTY TO BE IN COMPLIANCE WITH APPLICABLE REQUIREMENTS OF LAW OR THAT THREATENS
THE TAKING OF ANY ACTION AGAINST ANY CREDIT PARTY OR SETS FORTH CIRCUMSTANCES
THAT, IF TAKEN OR ADVERSELY DETERMINED, WOULD BE REASONABLY LIKELY TO HAVE A
MATERIAL ADVERSE EFFECT, OR (B) ANY NOTICE OF ANY ACTUAL OR THREATENED
SUSPENSION, LIMITATION OR REVOCATION OF, FAILURE TO RENEW, OR IMPOSITION OF ANY
RESTRAINING ORDER, ESCROW OR IMPOUNDMENT OF FUNDS IN CONNECTION WITH, ANY
LICENSE, PERMIT, ACCREDITATION OR AUTHORIZATION OF ANY CREDIT PARTY, WHERE SUCH
ACTION WOULD BE REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE EFFECT;
(IV)
THE OCCURRENCE OF ANY ERISA EVENT, TOGETHER WITH (X) A WRITTEN
STATEMENT OF A RESPONSIBLE OFFICER OF THE BORROWER SPECIFYING THE DETAILS OF
SUCH ERISA EVENT AND THE ACTION THAT THE APPLICABLE CREDIT PARTY HAS TAKEN AND
PROPOSES TO TAKE WITH RESPECT THERETO, (Y) A COPY OF ANY NOTICE WITH RESPECT TO
SUCH ERISA EVENT THAT MAY BE REQUIRED TO BE FILED WITH THE PBGC AND (Z) A COPY
OF ANY NOTICE DELIVERED BY THE PBGC TO ANY CREDIT PARTY OR AN ERISA AFFILIATE
WITH RESPECT TO SUCH ERISA EVENT;
(V)
THE OCCURRENCE OF ANY OF THE FOLLOWING: (X) THE ASSERTION OF ANY
ENVIRONMENTAL CLAIM AGAINST OR AFFECTING ANY CREDIT PARTY OR ANY REAL PROPERTY
LEASED, OPERATED OR OWNED BY ANY CREDIT PARTY, OR ANY CREDIT PARTY'S DISCOVERY
OF A BASIS FOR ANY SUCH ENVIRONMENTAL CLAIM; (Y) THE RECEIPT BY ANY CREDIT PARTY
OF NOTICE OF ANY ALLEGED VIOLATION OF OR NONCOMPLIANCE WITH ANY ENVIRONMENTAL
LAWS OR RELEASE OF ANY HAZARDOUS SUBSTANCE; OR (Z) THE TAKING OF ANY
INVESTIGATION, REMEDIATION OR OTHER RESPONSIVE ACTION BY ANY CREDIT PARTY OR ANY
OTHER PERSON IN RESPONSE TO THE ACTUAL OR ALLEGED VIOLATION OF ANY ENVIRONMENTAL
LAW BY ANY CREDIT PARTY OR GENERATION, STORAGE, TRANSPORT, RELEASE, DISPOSAL OR
DISCHARGE OF ANY HAZARDOUS SUBSTANCES ON, TO, UPON OR FROM ANY REAL PROPERTY
LEASED, OPERATED OR OWNED BY ANY CREDIT PARTY; BUT IN EACH CASE UNDER
CLAUSES (X), (Y) AND (Z) ABOVE, ONLY TO THE EXTENT THE SAME WOULD BE REASONABLY
LIKELY TO HAVE A MATERIAL ADVERSE EFFECT; AND
81
(VI)
ANY OTHER MATTER OR EVENT THAT HAS, OR WOULD BE REASONABLY LIKELY
TO HAVE, A MATERIAL ADVERSE EFFECT, TOGETHER WITH A WRITTEN STATEMENT ON BEHALF
OF THE BORROWER OF A RESPONSIBLE OFFICER OF THE BORROWER SETTING FORTH THE
NATURE AND PERIOD OF EXISTENCE THEREOF AND THE ACTION THAT THE AFFECTED CREDIT
PARTIES HAVE TAKEN AND PROPOSE TO TAKE WITH RESPECT THERETO; AND
(F)
AS PROMPTLY AS REASONABLY POSSIBLE, SUCH OTHER INFORMATION ABOUT
THE BUSINESS, FINANCIAL CONDITION, OPERATIONS OR PROPERTIES OF THE BORROWER OR
ANY OTHER CREDIT PARTY (INCLUDING ANY PLAN AND ANY INFORMATION REQUIRED TO BE
FILED UNDER ERISA) AS THE ADMINISTRATIVE AGENT OR ANY LENDER MAY FROM TIME TO
TIME REASONABLY REQUEST.
Documents required to be delivered pursuant to Section 6.2(d) (to the extent any
such documents are included in materials otherwise filed with the Securities and
Exchange