SERVICE,
COPIES OF EACH SCHEDULE B (ACTUARIAL INFORMATION) TO THE ANNUAL REPORT (FORM
5500 SERIES) WITH RESPECT TO EACH SINGLE EMPLOYER PLAN MAINTAINED FOR OR
COVERING EMPLOYEES OF THE BORROWER OR ANY OF ITS SUBSIDIARIES IF THE PRESENT
VALUE OF THE ACCRUED BENEFITS UNDER THE PLAN EXCEEDS ITS ASSETS BY AN AMOUNT
WHICH COULD CAUSE A MATERIAL ADVERSE EFFECT AND (IV) PROMPTLY AND IN ANY EVENT
WITHIN FIVE BUSINESS DAYS AFTER RECEIPT THEREOF BY THE BORROWER, ANY SUBSIDIARY
OR ANY OF ITS OR THEIR ERISA AFFILIATES FROM A SPONSOR OF A MULTIEMPLOYER PLAN
OR FROM THE PBGC, A COPY OF EACH NOTICE RECEIVED BY THE BORROWER, ANY SUBSIDIARY
OR ANY OF ITS ERISA AFFILIATES CONCERNING THE IMPOSITION OR AMOUNT OF WITHDRAWAL
LIABILITY UNDER SECTION 4202 OF ERISA OR INDICATING THAT SUCH MULTIEMPLOYER PLAN
MAY ENTER REORGANIZATION STATUS UNDER SECTION 4241 OF ERISA;
(G)
FURNISH TO THE AGENT PROMPTLY AFTER THE COMMENCEMENT THEREOF, BUT
IN ANY EVENT NOT LATER THAN FIVE DAYS AFTER SERVICE OF PROCESS WITH RESPECT
THERETO ON, OR THE OBTAINING OF
45
KNOWLEDGE BY, A RESPONSIBLE OFFICER OF THE BORROWER, NOTICE OF EACH ACTION, SUIT
OR PROCEEDING BEFORE ANY COURT OR GOVERNMENTAL AUTHORITY OR OTHER REGULATORY
BODY OR ANY ARBITRATOR AS TO WHICH THERE IS A REASONABLE POSSIBILITY OF A
DETERMINATION THAT COULD HAVE A MATERIAL ADVERSE EFFECT; AND
(H)
FURNISH TO THE AGENT PROMPTLY SUCH ADDITIONAL FINANCIAL AND OTHER
INFORMATION AS THE AGENT OR ANY LENDER MAY FROM TIME TO TIME REASONABLY REQUEST.
5.3
PAYMENT OF OBLIGATIONS.
THE BORROWER SHALL, AND SHALL CAUSE EACH
OF ITS SUBSIDIARIES TO, PAY, DISCHARGE OR OTHERWISE SATISFY AT OR BEFORE
MATURITY OR BEFORE THEY BECOME DELINQUENT, AS THE CASE MAY BE, ALL ITS
OBLIGATIONS OF WHATEVER NATURE, EXCEPT WHERE THE FAILURE TO SO SATISFY SUCH
OBLIGATIONS COULD NOT HAVE A MATERIAL ADVERSE EFFECT OR EXCEPT WHERE THE AMOUNT
OR VALIDITY THEREOF IS CURRENTLY BEING CONTESTED IN GOOD FAITH BY APPROPRIATE
PROCEEDINGS AND RESERVES IN CONFORMITY WITH GAAP WITH RESPECT THERETO HAVE BEEN
PROVIDED ON THE BOOKS OF THE BORROWER OR SUCH SUBSIDIARY, AS APPLICABLE.
5.4
CONDUCT OF BUSINESS AND MAINTENANCE OF EXISTENCE.
THE BORROWER
SHALL, AND SHALL CAUSE EACH OF ITS SUBSIDIARIES TO, (I) CONTINUE TO ENGAGE IN
BUSINESS OF THE SAME GENERAL TYPE DESCRIBED IN SECTION 3.18, (II) PRESERVE,
RENEW AND KEEP IN FULL FORCE AND EFFECT ITS CORPORATE OR OTHER LEGAL EXISTENCE,
AS APPLICABLE, (III) EXCEPT WHERE THE LOSS THEREOF COULD NOT, IN THE AGGREGATE,
HAVE A MATERIAL ADVERSE EFFECT, TAKE ALL APPROPRIATE ACTION TO MAINTAIN ALL
RIGHTS, REGISTRATIONS, LICENSES, PRIVILEGES AND FRANCHISES NECESSARY OR
DESIRABLE IN THE NORMAL CONDUCT OF ITS BUSINESS, AND (IV) EXCEPT TO THE EXTENT
THAT FAILURE TO COMPLY THEREWITH COULD NOT, IN THE AGGREGATE, HAVE A MATERIAL
ADVERSE EFFECT, COMPLY WITH ALL CONTRACTUAL OBLIGATIONS AND REQUIREMENTS OF LAW,
SUCH COMPLIANCE TO INCLUDE, WITHOUT LIMITATION, (A) PAYING BEFORE THE SAME
BECOME DELINQUENT ALL TAXES, ASSESSMENTS AND GOVERNMENTAL CHARGES OR LEVIES
IMPOSED UPON IT OR UPON ITS INCOME OR PROFITS OR UPON ANY OF ITS