(D)
MAINTENANCE OF PROPERTIES AND LEASES.
SUCH APPLICANT SHALL, AND
SHALL CAUSE EACH OF ITS MATERIAL SUBSIDIARIES TO, MAINTAIN IN GOOD REPAIR,
WORKING ORDER, AND CONDITION (ORDINARY WEAR AND TEAR EXCEPTED) IN ACCORDANCE
WITH THE GENERAL PRACTICE OF OTHER BUSINESSES OF SIMILAR CHARACTER AND SIZE, ALL
OF THOSE PROPERTIES USEFUL OR NECESSARY TO ITS BUSINESS, AND FROM TIME TO TIME
SUCH APPLICANT WILL MAKE OR CAUSE TO BE MADE ALL APPROPRIATE REPAIRS, RENEWALS,
OR REPLACEMENTS THEREOF.
(E)
MAINTENANCE OF LICENSES, ETC.
SUCH APPLICANT SHALL, AND SHALL
CAUSE EACH OF ITS MATERIAL SUBSIDIARIES TO, MAINTAIN IN FULL FORCE AND EFFECT
ALL LICENSES, FRANCHISES, PERMITS, RIGHTS, AND OTHER AUTHORIZATIONS NECESSARY
FOR THE OWNERSHIP AND OPERATION OF ITS PROPERTIES AND BUSINESS IF THE FAILURE SO
TO MAINTAIN THE SAME WOULD CAUSE, OR COULD REASONABLY BE EXPECTED TO CAUSE, A
MATERIAL ADVERSE EFFECT.
(F)
VISITATION RIGHTS.
SUCH APPLICANT SHALL, AND SHALL CAUSE EACH OF
ITS MATERIAL SUBSIDIARIES TO, PERMIT ANY OF THE OFFICERS OR AUTHORIZED EMPLOYEES
OR REPRESENTATIVES OF THE BANK TO VISIT AND INSPECT ANY OF ITS PROPERTIES AND TO
EXAMINE AND MAKE EXCERPTS FROM ITS BOOKS AND RECORDS AND DISCUSS ITS BUSINESS
AFFAIRS, FINANCES AND ACCOUNTS WITH ITS OFFICERS, ALL IN SUCH DETAIL AND AT SUCH
TIMES AND AS OFTEN AS THE BANK MAY REASONABLY REQUEST AND AT THE EXPENSE OF THE
BANK, PROVIDED THAT THE BANK SHALL PROVIDE SUCH APPLICANT WITH REASONABLE NOTICE
PRIOR TO ANY VISIT OR INSPECTION, AND PROVIDED FURTHER THAT DURING THE
CONTINUATION OF ANY EVENT OF DEFAULT, ALL SUCH VISITS AND INSPECTIONS BY THE
BANK SHALL BE AT THE EXPENSE OF THE APPLICANTS.
(G)
KEEPING OF RECORDS AND BOOKS OF ACCOUNT.
SUCH APPLICANT SHALL,
AND SHALL CAUSE EACH OF ITS OTHER SUBSIDIARIES TO, MAINTAIN AND KEEP PROPER
BOOKS OF RECORD AND ACCOUNT WHICH ENABLE EACH APPLICANT AND MATERIAL
SUBSIDIARIES TO ISSUE FINANCIAL STATEMENTS IN ACCORDANCE WITH GAAP AND AS
OTHERWISE REQUIRED BY APPLICABLE LAWS OF ANY OFFICIAL BODY HAVING JURISDICTION
24
OVER SUCH APPLICANT OR ANY SUCH SUBSIDIARY, AND IN WHICH FULL, TRUE AND CORRECT
ENTRIES SHALL BE MADE IN ALL MATERIAL RESPECTS OF ALL ITS DEALINGS AND BUSINESS
AND FINANCIAL AFFAIRS.
(H)
PLANS AND BENEFIT ARRANGEMENTS.
SUCH APPLICANT SHALL, AND
HOLDINGS SHALL CAUSE EACH OTHER MEMBER OF THE ERISA GROUP TO, COMPLY WITH ERISA,
THE INTERNAL REVENUE CODE AND OTHER LAWS APPLICABLE TO ANY PLANS AND BENEFIT
ARRANGEMENTS EXCEPT WHERE SUCH FAILURE, ALONE OR IN CONJUNCTION WITH ANY OTHER
FAILURE, WOULD NOT CAUSE, OR WOULD NOT REASONABLY BE EXPECTED TO CAUSE, A
MATERIAL ADVERSE EFFECT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
HOLDINGS SHALL CAUSE ALL OF ITS PLANS AND ALL PLANS MAINTAINED BY ANY MEMBER OF
THE ERISA GROUP, IF ANY, TO BE FUNDED IN ACCORDANCE WITH THE MINIMUM FUNDING
REQUIREMENTS OF ERISA AND, TO THE EXTENT APPLICABLE SHALL MAKE, AND CAUSE EACH
MEMBER OF THE ERISA GROUP TO MAKE, IN A TIMELY MANNER, ALL CONTRIBUTIONS DUE TO
PLANS, BENEFIT ARRANGEMENTS AND MULTIEMPLOYER PLANS.
(I)
COMPLIANCE WITH LAWS.
SUCH APPLICANT SHALL, AND SHALL