SUCH FINANCIAL STATEMENTS PRESENT FAIRLY, IN
ACCORDANCE WITH GAAP, THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF THE
BORROWER AND ITS SUBSIDIARIES FOR THE PERIOD REFERRED TO THEREIN (SUBJECT, IN
THE CASE OF INTERIM STATEMENTS, TO NORMAL RECURRING ADJUSTMENTS) AND (II) NO
EVENT OF DEFAULT OR UNMATURED EVENT OF DEFAULT HAS OCCURRED, EXCEPT AS SPECIFIED
IN SUCH CERTIFICATE AND, IF SO SPECIFIED, THE ACTION WHICH THE BORROWER PROPOSES
TO TAKE WITH RESPECT THERETO, WHICH CERTIFICATE SHALL SET FORTH DETAILED
COMPUTATIONS TO THE EXTENT NECESSARY TO ESTABLISH THE BORROWER'S COMPLIANCE WITH
THE COVENANTS SET FORTH IN ARTICLE IX OF THIS AGREEMENT;
C.
AUDIT REPORTS AND STATEMENTS.
PROMPTLY
FOLLOWING THE BORROWER'S RECEIPT THEREOF, COPIES OF ALL CONSOLIDATED FINANCIAL
OR OTHER CONSOLIDATED REPORTS OR STATEMENTS, IF ANY, SUBMITTED TO THE BORROWER
OR ANY OF ITS SUBSIDIARIES BY INDEPENDENT PUBLIC ACCOUNTANTS RELATING TO ANY
ANNUAL OR INTERIM AUDIT OF THE BOOKS OF THE BORROWER OR ANY OF ITS SUBSIDIARIES;
112
D.
MANAGEMENT LETTERS.
PROMPTLY AFTER
RECEIPT THEREOF, A COPY OF ANY "MANAGEMENT LETTER" RECEIVED BY HUNTSMAN
CORPORATION (TO THE EXTENT SUCH "MANAGEMENT LETTER" PERTAINS TO THE BORROWER),
THE BORROWER OR ANY OF ITS SUBSIDIARIES FROM ITS CERTIFIED PUBLIC ACCOUNTANTS;
E.
BUDGETS.
AS SOON AS AVAILABLE AND IN
ANY EVENT WITHIN SIXTY (60) DAYS FOLLOWING THE FIRST DAY OF EACH FISCAL YEAR OF
THE BORROWER (I) AN ANNUAL BUDGET IN FORM SATISFACTORY TO THE ADMINISTRATIVE
AGENT (INCLUDING BUDGETED STATEMENTS OF EARNINGS AND CASH FLOWS BUT NOT
INCLUDING SEGMENT DATA) PREPARED BY THE BORROWER FOR SUCH FISCAL YEAR, WHICH
SHALL BE ACCOMPANIED BY THE STATEMENT OF A RESPONSIBLE FINANCIAL OFFICER OF THE
BORROWER TO THE EFFECT THAT, TO THE BEST OF HIS KNOWLEDGE AT THE TIME MADE, SUCH
BUDGET IS A REASONABLE ESTIMATE FOR THE PERIODS COVERED THEREBY;
F.
PUBLIC FILINGS.
WITHIN 10 DAYS AFTER
THE SAME BECOME PUBLIC, COPIES OF ALL FINANCIAL STATEMENTS AND REPORTS WHICH
HUNTSMAN CORPORATION OR THE BORROWER MAY MAKE TO, OR FILE WITH THE SEC OR ANY
SUCCESSOR OR ANALOGOUS GOVERNMENTAL AUTHORITY;
G.
INSURANCE INFORMATION.
THE BORROWER
SHALL DELIVER TO THE ADMINISTRATIVE AGENT INFORMATION CONCERNING INSURANCE AT
THE TIMES AND IN THE MANNER SPECIFIED IN SECTION 7.8;
H.
USA PATRIOT ACT.
EACH LENDER SUBJECT TO
THE PATRIOT ACT HEREBY NOTIFIES THE BORROWER THAT PURSUANT TO THE REQUIREMENTS
OF THE PATRIOT ACT, IT IS REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION THAT
IDENTIFIES THE BORROWER, WHICH INFORMATION INCLUDES THE NAME AND ADDRESS OF THE
BORROWER AND OTHER INFORMATION THAT WILL ALLOW SUCH LENDER TO IDENTIFY THE
BORROWER IN ACCORDANCE WITH THE PATRIOT ACT; AND
I.
OTHER REQUESTED INFORMATION.
SUCH
OTHER INFORMATION RESPECTING THE RESPECTIVE PROPERTIES, BUSINESS AFFAIRS,
FINANCIAL CONDITION AND/OR OPERATIONS OF THE BORROWER OR ANY OF ITS SUBSIDIARIES
AS THE ADMINISTRATIVE AGENT OR ANY LENDER (THROUGH THE ADMINISTRATIVE AGENT) MAY
FROM TIME TO TIME REASONABLY REQUEST.
15.3.
NOTICES
Promptly and in any event within five Business Days in the case of clauses (a),
(d) and (e) below, 30 days in the case of clauses (b) and (c) below, or one