TRANSFER,
79
PRESERVE, PROTECT AND CONFIRM MORE EFFECTIVELY UNTO THE ADMINISTRATIVE AGENT AND
THE COLLATERAL TRUSTEE THE RIGHTS GRANTED OR NOW OR HEREAFTER INTENDED TO BE
GRANTED TO THE ADMINISTRATIVE AGENT OR THE COLLATERAL TRUSTEE UNDER ANY
COLLATERAL DOCUMENT OR UNDER ANY OTHER INSTRUMENT EXECUTED IN CONNECTION WITH
ANY COLLATERAL DOCUMENT TO WHICH ANY LOAN PARTY OR ANY PLEDGED SUBSIDIARY IS OR
IS TO BE A PARTY, AND CAUSE EACH LOAN PARTY AND EACH PLEDGED SUBSIDIARY TO DO
SO.
(B)
IN THE EVENT THAT THE 2014 NOTES ARE REDEEMED OR DEFEASED IN FULL
OR ARE NO LONGER REQUIRED TO HAVE THE BENEFIT OF A LIEN IN THE PARI PASSU
COLLATERAL, BORROWER WILL TAKE ALL ACTIONS AND CAUSE ALL LOAN PARTIES TO TAKE
ALL ACTIONS AS THE ADMINISTRATIVE AGENT MAY REQUEST FOR THE ADMINISTRATIVE AGENT
TO OBTAIN THE SOLE PERFECTED FIRST PRIORITY LIEN ON THE PROPERTY CONSTITUTING
THE PARI PASSU COLLATERAL.
SECTION 6.16
COMPLIANCE WITH TERMS OF LEASEHOLDS.
MAKE ALL PAYMENTS AND
OTHERWISE PERFORM ALL OBLIGATIONS IN RESPECT OF ALL LEASES OF REAL PROPERTY TO
WHICH ANY LOAN PARTY OR PLEDGED SUBSIDIARY IS A PARTY, KEEP SUCH LEASES IN FULL
FORCE AND EFFECT AND NOT ALLOW SUCH LEASES TO LAPSE OR BE TERMINATED OR ANY
RIGHTS TO RENEW SUCH LEASES TO BE FORFEITED OR CANCELLED, NOTIFY THE
ADMINISTRATIVE AGENT OF ANY DEFAULT BY ANY PARTY WITH RESPECT TO SUCH LEASES AND
COOPERATE WITH THE ADMINISTRATIVE AGENT IN ALL RESPECTS TO CURE ANY SUCH
DEFAULT, AND CAUSE EACH LOAN PARTY AND EACH PLEDGED SUBSIDIARY TO DO SO, EXCEPT,
IN ANY CASE, WHERE THE FAILURE TO DO SO, EITHER INDIVIDUALLY OR IN THE
AGGREGATE, COULD NOT BE REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE EFFECT.
SECTION 6.17
MATERIAL CONTRACTS.
PERFORM AND OBSERVE ALL THE TERMS AND
PROVISIONS OF EACH MATERIAL CONTRACT TO BE PERFORMED OR OBSERVED BY IT, MAINTAIN
EACH SUCH MATERIAL CONTRACT IN FULL FORCE AND EFFECT, ENFORCE EACH SUCH MATERIAL
CONTRACT IN ACCORDANCE WITH ITS TERMS, TAKE ALL SUCH ACTION TO SUCH END AS MAY
BE FROM TIME TO TIME REQUESTED BY THE ADMINISTRATIVE AGENT AND, UPON REQUEST OF
THE ADMINISTRATIVE AGENT, MAKE TO EACH OTHER PARTY TO EACH SUCH MATERIAL
CONTRACT SUCH DEMANDS AND REQUESTS FOR INFORMATION AND REPORTS OR FOR ACTION AS
ANY LOAN PARTY OR ANY PLEDGED SUBSIDIARY IS ENTITLED TO MAKE UNDER SUCH MATERIAL
CONTRACT, AND CAUSE EACH LOAN PARTY AND EACH PLEDGED SUBSIDIARY TO DO SO.
SECTION 6.18
REPLACEMENT OF PHYSICIAN DESIGNEE.
IN THE EVENT THAT AT ANY
TIME (A) BORROWER OR ANY SUBSIDIARY OBTAINS ACTUAL KNOWLEDGE THAT THE PHYSICIAN
NOMINEE IS NOT SOLVENT, (B) THE PHYSICIAN NOMINEE INSTITUTES OR CONSENTS TO THE
INSTITUTION OF ANY PROCEEDING AGAINST HIM OR HIS ESTATE UNDER ANY DEBTOR RELIEF
LAW, OR MAKES AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS, (C) THE PHYSICIAN
NOMINEE CEASES TO BE DULY LICENSED TO PRACTICE IN THE MEDICAL INDUSTRY IN THE
STATE OF CALIFORNIA OR (D) THE PHYSICIAN NOMINEE CEASES TO BE DESIGNATED AS A
LICENSED PROFESSIONAL IN ACCORDANCE WITH THE CALIFORNIA PROFESSIONAL