ONE COPY OF (I) EACH FINANCIAL STATEMENT, REPORT, NOTICE OR PROXY
STATEMENT SENT BY THE COMPANY OR ANY SUBSIDIARY TO PUBLIC SECURITIES HOLDERS
GENERALLY AND (II) EACH REGULAR OR PERIODIC REPORT, EACH REGISTRATION STATEMENT
(WITHOUT EXHIBITS EXCEPT AS EXPRESSLY REQUESTED BY THE ADMINISTRATIVE AGENT OR
ANY LENDER), AND EACH PROSPECTUS AND ALL AMENDMENTS THERETO FILED BY THE COMPANY
OR ANY SUBSIDIARY WITH THE SECURITIES AND EXCHANGE COMMISSION AND ALL PRESS
RELEASES AND OTHER STATEMENTS MADE AVAILABLE GENERALLY BY THE COMPANY OR ANY
SUBSIDIARY TO THE PUBLIC CONCERNING MATERIAL DEVELOPMENTS; PROVIDED, THAT
(A) DELIVERY BY THE COMPANY TO THE ADMINISTRATIVE AGENT OF THE COMPANY'S RELATED
FORM 8-K WITHIN THE TIME PERIODS REQUIRED BY THE EXCHANGE ACT OR (B) THE POSTING
OF PRESS RELEASES ON THE COMPANY'S WEBSITE SHALL BE DEEMED TO BE COMPLIANCE BY
THE COMPANY WITH THIS SECTION 7.3(A); PROVIDED, THAT INFORMATION DELIVERED
PURSUANT TO CLAUSE (A) ABOVE SHALL ONLY BE DEEMED TO HAVE BEEN DELIVERED WHEN
POSTED BY THE ADMINISTRATIVE AGENT ON SYNDTRAK ONLINE OR SIMILAR SITE TO WHICH
THE LENDERS HAVE BEEN GRANTED ACCESS AND INFORMATION POSTED
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PURSUANT TO CLAUSE (B) ABOVE SHALL ONLY BE DEEMED TO HAVE BEEN DELIVERED UPON
NOTIFICATION BY THE COMPANY TO THE ADMINISTRATIVE AGENT AND THE LENDERS OF SUCH
POSTING ON SUCH WEBSITE; AND
(B)
SUCH OTHER INFORMATION REGARDING THE
OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF THE COMPANY OR ANY OF
ITS SUBSIDIARIES AS THE ADMINISTRATIVE AGENT OR ANY LENDER MAY REASONABLY
REQUEST.
SECTION 7.4
NOTICE OF DEFAULT AND OTHER MATTERS.
(A)
PROMPT (BUT IN NO EVENT LATER THAN FIVE
(5) BUSINESS DAYS AFTER A RESPONSIBLE OFFICER OF ANY CREDIT PARTY OBTAINS
KNOWLEDGE THEREOF) TELEPHONIC AND WRITTEN NOTICE OF:
(I)
(A) ANY DEFAULT OR EVENT OF DEFAULT OR
(II) THAT ANY PERSON HAS GIVEN ANY NOTICE OR TAKEN ANY ACTION WITH RESPECT TO A
CLAIMED DEFAULT HEREUNDER OR THAT ANY PERSON HAS GIVEN ANY NOTICE OR TAKEN ANY
ACTION WITH RESPECT TO A CLAIMED DEFAULT OF THE TYPE REFERRED TO IN
SECTION 11.1(K);
(II)
ANY OF THE FOLLOWING THAT WOULD REASONABLY
BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT, (I) WITH RESPECT TO ANY PLAN, ANY
REPORTABLE EVENT, AS DEFINED IN SECTION 4043(C) OF ERISA AND THE REGULATIONS
THEREUNDER, FOR WHICH NOTICE THEREOF HAS NOT BEEN WAIVED PURSUANT TO SUCH
REGULATIONS AS IN EFFECT ON THE DATE THEREOF, (II) THE TAKING BY THE PBGC OF
STEPS TO INSTITUTE, OR THE THREATENING BY THE PBGC OF THE INSTITUTION OF,
PROCEEDINGS UNDER SECTION 4042 OF ERISA FOR THE TERMINATION OF, OR THE
APPOINTMENT OF A TRUSTEE TO ADMINISTER, ANY PLAN, OR THE RECEIPT BY ANY CREDIT
PARTY OR ANY ERISA AFFILIATE OF A NOTICE FROM A MULTIEMPLOYER PLAN THAT SUCH
ACTION HAS BEEN TAKEN BY THE PBGC WITH RESPECT TO SUCH MULTIEMPLOYER PLAN, OR
(III) ANY EVENT, TRANSACTION OR CONDITION THAT WOULD RESULT IN THE INCURRENCE OF
ANY LIABILITY BY ANY CREDIT PARTY OR ANY ERISA AFFILIATE PURSUANT TO TITLE I OR
IV OF ERISA OR THE IMPOSITION OF A PENALTY OR