WEEK, AS OF THE CLOSE OF BUSINESS ON THE IMMEDIATELY PRECEDING SATURDAY;
(C)
PROMPTLY UPON RECEIPT, (I) COPIES OF ANY DETAILED ANNUAL AUDIT
REPORTS AND, UPON THE REQUEST OF THE ADMINISTRATIVE AGENT, FINAL MANAGEMENT
LETTERS OR FINAL RECOMMENDATIONS SUBMITTED TO THE BOARD OF DIRECTORS (OR THE
AUDIT COMMITTEE OF THE BOARD OF DIRECTORS) OF ANY LOAN PARTY BY ITS REGISTERED
PUBLIC ACCOUNTING FIRM IN CONNECTION WITH THE ACCOUNTS OR BOOKS OF THE LOAN
PARTIES OR ANY SUBSIDIARY, AND (II) IF PROVIDED BY ITS REGISTERED PUBLIC
ACCOUNTING FIRM AND REQUESTED BY THE ADMINISTRATIVE AGENT, A REPORT OF SUCH
REGISTERED PUBLIC ACCOUNTING FIRM ASSESSING THE LOAN PARTIES' INTERNAL CONTROLS
OVER FINANCIAL REPORTING THAT CONTAINS NO STATEMENT THAT THERE IS A MATERIAL
WEAKNESS IN SUCH INTERNAL CONTROLS, EXCEPT FOR SUCH MATERIAL WEAKNESSES AS TO
WHICH THE REQUIRED LENDERS DO NOT OBJECT;
(D)
PROMPTLY AFTER THE SAME ARE AVAILABLE, COPIES OF EACH ANNUAL
REPORT AND PROXY STATEMENT AND COPIES OF ALL ANNUAL, REGULAR, PERIODIC AND
SPECIAL REPORTS AND REGISTRATION STATEMENTS WHICH ANY LOAN PARTY MAY FILE OR BE
REQUIRED TO FILE WITH THE SEC UNDER SECTIONS 13 OR 15(D) OF THE SECURITIES
EXCHANGE ACT OF 1934 OR WITH ANY NATIONAL
102
SECURITIES EXCHANGE, AND IN ANY CASE NOT OTHERWISE REQUIRED TO BE DELIVERED TO
THE ADMINISTRATIVE AGENT PURSUANT HERETO;
(E)
THE FINANCIAL AND COLLATERAL REPORTS DESCRIBED ON SCHEDULE 6.02
HERETO, AT THE TIMES SET FORTH IN SUCH SCHEDULE;
(F)
CONCURRENTLY WITH THE DELIVERY OF THE FINANCIAL STATEMENTS
REFERRED TO IN SECTION 6.01(A), A REPORT SUMMARIZING THE INSURANCE COVERAGE
(SPECIFYING TYPE, AMOUNT AND CARRIER) IN EFFECT FOR EACH LOAN PARTY AND ITS
SUBSIDIARIES AND CONTAINING SUCH ADDITIONAL INFORMATION AS THE ADMINISTRATIVE
AGENT, OR ANY LENDER THROUGH THE ADMINISTRATIVE AGENT, MAY REASONABLY SPECIFY;
(G)
PROMPTLY, AND IN ANY EVENT WITHIN FIVE (5) 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 COULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT; AND
(H)
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.
Documents required to be delivered pursuant to Sections 6.01(a), (b), or (c) or
Section 6.02(d) may be delivered electronically and, if so delivered, shall be
deemed to have been delivered on the date (i) on which the Lead Borrower posts
such documents, or provides a link thereto on the Lead Borrower's website on the
Internet at the website address listed on Schedule 10.02; (ii) on which such
documents are posted on the Lead Borrower's behalf on