FOREGOING INFORMATION AND DISCLOSURE OF RIG HOURS AND
TRUCKING HOURS.
6.2
Certificates; Other Information.
Furnish to
each Agent and each Lender, or, in the case of clause (i), to the relevant
Lender:
(A)
CONCURRENTLY WITH THE DELIVERY OF THE
FINANCIAL STATEMENTS REQUIRED BY SECTION 6.1(A)(I), A STATEMENT OF THE
INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS REPORTING ON SUCH FINANCIAL STATEMENTS
TO THE EFFECT THAT IN MAKING THE EXAMINATION NECESSARY THEREFOR NO KNOWLEDGE WAS
OBTAINED OF ANY DEFAULT OR EVENT OF DEFAULT, EXCEPT AS SPECIFIED IN SUCH
CERTIFICATE (IT BEING UNDERSTOOD THAT SUCH STATEMENT SHALL BE LIMITED TO THE
ITEMS THAT INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS ARE PERMITTED TO COVER IN
SUCH STATEMENT PURSUANT TO THEIR PROFESSIONAL STANDARDS AND CUSTOMS OF THE
PROFESSION);
(B)
CONCURRENTLY WITH THE DELIVERY OF ANY
FINANCIAL STATEMENTS PURSUANT TO SECTION 6.1, (I) A CERTIFICATE OF A RESPONSIBLE
OFFICER STATING THAT, TO THE BEST OF SUCH RESPONSIBLE OFFICER'S KNOWLEDGE, EACH
LOAN PARTY DURING SUCH PERIOD HAS OBSERVED OR PERFORMED ALL OF ITS COVENANTS AND
OTHER AGREEMENTS CONTAINED IN THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS TO
WHICH IT IS A PARTY TO BE OBSERVED, PERFORMED OR SATISFIED BY IT, AND THAT SUCH
RESPONSIBLE OFFICER HAS OBTAINED NO KNOWLEDGE OF ANY DEFAULT OR EVENT OF DEFAULT
EXCEPT AS SPECIFIED IN SUCH CERTIFICATE AND (II) (X) A COMPLIANCE CERTIFICATE
CONTAINING ALL INFORMATION AND CALCULATIONS NECESSARY FOR DETERMINING COMPLIANCE
BY THE BORROWER AND ITS SUBSIDIARIES WITH THE PROVISIONS OF THIS AGREEMENT
REFERRED TO THEREIN AS OF THE LAST DAY OF THE FISCAL QUARTER OR FISCAL YEAR OF
THE BORROWER, AS THE CASE MAY BE, (Y) TO THE EXTENT NOT PREVIOUSLY DISCLOSED TO
THE ADMINISTRATIVE AGENT, IN WRITING, A LISTING OF ANY JURISDICTION OUTSIDE OF
THE UNITED STATES WHERE ANY LOAN PARTY KEEPS A MATERIAL AMOUNT OF INVENTORY OR
EQUIPMENT AND OF ANY REGISTERED INTELLECTUAL PROPERTY ACQUIRED BY ANY LOAN PARTY
SINCE THE DATE OF THE MOST RECENT LIST DELIVERED PURSUANT TO THIS CLAUSE (Y)
(OR, IN THE CASE OF THE FIRST SUCH LIST SO DELIVERED, SINCE THE CLOSING DATE)
AND (Z) ANY UCC FINANCING STATEMENTS OR OTHER FILINGS OR ACTIONS SPECIFIED IN
SUCH COMPLIANCE CERTIFICATE AS BEING REQUIRED TO BE DELIVERED OR TAKEN
THEREWITH;
(C)
AS SOON AS AVAILABLE, AND IN ANY EVENT NO
LATER THAN 45 DAYS AFTER THE END OF EACH FISCAL YEAR OF THE BORROWER, A DETAILED
CONSOLIDATED BUDGET FOR THE FOLLOWING FISCAL YEAR (INCLUDING A PROJECTED
CONSOLIDATED BALANCE SHEET OF THE BORROWER AND ITS SUBSIDIARIES AS OF THE END OF
THE FOLLOWING FISCAL YEAR, AND THE RELATED CONSOLIDATED STATEMENTS OF PROJECTED
CASH FLOW, PROJECTED CHANGES IN FINANCIAL POSITION AND PROJECTED INCOME), AND,
AS SOON AS AVAILABLE, SIGNIFICANT REVISIONS, IF ANY, OF SUCH BUDGET AND
PROJECTIONS WITH RESPECT TO SUCH FISCAL YEAR (COLLECTIVELY, THE "PROJECTIONS"),
WHICH PROJECTIONS SHALL IN EACH CASE BE ACCOMPANIED BY A CERTIFICATE OF A
RESPONSIBLE OFFICER STATING THAT SUCH PROJECTIONS ARE BASED ON REASONABLE
ESTIMATES, INFORMATION AND ASSUMPTIONS AND THAT SUCH RESPONSIBLE OFFICER HAS NO
REASON TO BELIEVE THAT SUCH PROJECTIONS ARE INCORRECT OR MISLEADING IN