OF THE LOAN PARTIES, AND COPIES
OF ALL ANNUAL, REGULAR, PERIODIC AND SPECIAL REPORTS AND REGISTRATION STATEMENTS
WHICH ANY LOAN PARTY FILES WITH THE SEC UNDER SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934 OR WITH ANY NATIONAL SECURITIES EXCHANGE, AND IN
ANY CASE NOT OTHERWISE REQUIRED TO BE DELIVERED TO THE ADMINISTRATIVE AGENT
PURSUANT HERETO;
(G)
THE FINANCIAL AND COLLATERAL REPORTS
DESCRIBED ON SCHEDULE 6.02 HERETO, AT THE TIMES SET FORTH IN SUCH SCHEDULE;
(H)
PROMPTLY AFTER THE FURNISHING THEREOF,
(I) COPIES OF ANY STATEMENT OR REPORT FURNISHED TO ANY HOLDER OF DEBT SECURITIES
OF ANY LOAN PARTY OR ANY SUBSIDIARY THEREOF PURSUANT TO THE TERMS OF ANY
INDENTURE, LOAN OR CREDIT OR SIMILAR AGREEMENT AND (II) COPIES OF ALL NOTICES
AND OTHER COMMUNICATIONS RECEIVED OR DELIVERED BY A LOAN PARTY WITH RESPECT TO
THE NOTE DOCUMENTS (I) WHICH INDICATE A BREACH OR DEFAULT OF ANY SUCH DOCUMENT,
OR (II) WHICH CONSTITUTE A NOTICE UNDER SECTION 7.5 (NOTICES) OF THE NOTE
PURCHASE AGREEMENT (TO THE EXTENT NOT OTHERWISE ALREADY PROVIDED TO THE
ADMINISTRATIVE AGENT), IN EACH CASE NOT OTHERWISE REQUIRED TO BE FURNISHED TO
THE LENDERS PURSUANT TO SECTION 6.01 OR ANY OTHER CLAUSE OF THIS SECTION 6.02;
(I)
AS SOON AS AVAILABLE, BUT IN ANY EVENT
WITHIN 30 DAYS AFTER THE END OF EACH FISCAL YEAR OF THE LOAN PARTIES (OR UPON
THE REQUEST OF THE ADMINISTRATIVE AGENT OR ITS AUDITORS, APPRAISERS,
ACCOUNTANTS, CONSULTANTS OR OTHER REPRESENTATIVES), (I) A CERTIFICATE EXECUTED
BY AN AUTHORIZED OFFICER OF THE LEAD BORROWER CERTIFYING THE EXISTENCE AND
ADEQUACY OF THE PROPERTY AND CASUALTY INSURANCE PROGRAM CARRIED BY THE LOAN
PARTIES AND THEIR SUBSIDIARIES, AND (II) A WRITTEN SUMMARY OF SAID PROGRAM
IDENTIFYING THE NAME OF EACH INSURER, THE NUMBER OF EACH POLICY AND EXPIRATION
DATE OF EACH POLICY, THE AMOUNTS AND TYPES OF EACH COVERAGE, AND A LIST OF
EXCLUSIONS AND DEDUCTIBLES FOR EACH POLICY.
(J)
PROMPTLY, AND IN ANY EVENT WITHIN FIVE
BUSINESS DAYS AFTER RECEIPT THEREOF BY ANY LOAN PARTY OR ANY SUBSIDIARY THEREOF,
COPIES OF EACH NOTICE OR OTHER CORRESPONDENCE RECEIVED FROM ANY GOVERNMENTAL
AUTHORITY (INCLUDING, WITHOUT LIMITATION, THE SEC (OR COMPARABLE AGENCY IN ANY
APPLICABLE NON-U.S. JURISDICTION)) CONCERNING ANY PROCEEDING WITH, OR
INVESTIGATION OR POSSIBLE INVESTIGATION OR OTHER INQUIRY BY SUCH GOVERNMENTAL
AUTHORITY REGARDING FINANCIAL OR OTHER OPERATIONAL RESULTS OF ANY LOAN PARTY OR
ANY SUBSIDIARY THEREOF OR ANY OTHER MATTER WHICH, IF ADVERSELY DETERMINED, COULD
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT; AND
94
(K)
PROMPTLY, SUCH ADDITIONAL INFORMATION
REGARDING THE BUSINESS AFFAIRS, FINANCIAL CONDITION OR OPERATIONS OF ANY LOAN
PARTY OR ANY SUBSIDIARY, OR COMPLIANCE WITH THE TERMS OF THE LOAN DOCUMENTS, AS
THE ADMINISTRATIVE AGENT OR ANY LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
Financial statements required to be delivered pursuant to Sections 6.01(a),
6.01(b) or 6.02(f) (to the extent any such documents are included in materials
otherwise filed with the SEC) may be delivered electronically and if so
delivered, shall be deemed to have been delivered on