AND ANY OF ITS SUBSIDIARIES AND DISCUSS THE AFFAIRS, FINANCES
AND ACCOUNTS OF THE BORROWER AND OF ANY OF ITS SUBSIDIARIES WITH, AND BE ADVISED
AS TO THE SAME BY, ITS AND THEIR OFFICERS AND INDEPENDENT ACCOUNTANTS, ALL AT
SUCH REASONABLE TIMES AND INTERVALS DURING NORMAL BUSINESS HOURS (WITH
REASONABLE NOTICE) AND TO SUCH REASONABLE EXTENT AS THE ADMINISTRATIVE AGENT OR
THE REQUIRED LENDERS MAY DESIRE.
6.03
INSURANCE.
THE BORROWER WILL, AND WILL CAUSE EACH OF ITS SUBSIDIARIES TO,
AT ALL TIMES MAINTAIN IN FULL FORCE AND EFFECT INSURANCE WITH REPUTABLE AND
SOLVENT INSURERS IN SUCH AMOUNTS, COVERING SUCH RISKS AND LIABILITIES AND WITH
SUCH DEDUCTIBLES OR SELF-INSURED RETENTIONS AS ARE IN ACCORDANCE WITH NORMAL
INDUSTRY PRACTICE.
THE BORROWER WILL, AND WILL CAUSE EACH OF ITS
48
SUBSIDIARIES TO, FURNISH TO THE ADMINISTRATIVE AGENT ON THE INITIAL BORROWING
DATE AND THEREAFTER ANNUALLY, UPON REQUEST OF THE ADMINISTRATIVE AGENT, A
SUMMARY OF THE INSURANCE CARRIED.
6.04
PAYMENT OF TAXES.
THE BORROWER WILL PAY AND DISCHARGE, AND WILL CAUSE
EACH OF ITS SUBSIDIARIES TO PAY AND DISCHARGE, ALL MATERIAL TAXES, ASSESSMENTS
AND GOVERNMENTAL CHARGES OR LEVIES IMPOSED UPON IT OR UPON ITS INCOME OR
PROFITS, OR UPON ANY PROPERTIES BELONGING TO IT, PRIOR TO THE DATE ON WHICH
PENALTIES ATTACH THERETO, AND ALL LAWFUL CLAIMS WHICH, IF UNPAID, WOULD BECOME A
LIEN OR CHARGE UPON ANY MATERIAL PROPERTIES OF THE BORROWER OR ANY OF ITS
SUBSIDIARIES, PROVIDED THAT NEITHER THE BORROWER NOR ANY SUBSIDIARY SHALL BE
REQUIRED TO PAY ANY SUCH TAX, ASSESSMENT, CHARGE, LEVY OR CLAIM WHICH IS BEING
CONTESTED IN GOOD FAITH AND BY PROPER PROCEEDINGS IF IT HAS MAINTAINED ADEQUATE
RESERVES (IN THE GOOD FAITH JUDGMENT OF THE MANAGEMENT OF THE BORROWER) WITH
RESPECT THERETO IN ACCORDANCE WITH GAAP.
6.05
COMPANY FRANCHISES.
THE BORROWER WILL DO, AND WILL CAUSE EACH SUBSIDIARY
TO DO, OR CAUSE TO BE DONE, ALL THINGS REASONABLY NECESSARY TO PRESERVE AND KEEP
IN FULL FORCE AND EFFECT ITS EXISTENCE AND TO PRESERVE ITS MATERIAL RIGHTS AND
FRANCHISES, OTHER THAN THOSE THE FAILURE TO PRESERVE WHICH COULD NOT REASONABLY
BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT, PROVIDED THAT ANY TRANSACTION
PERMITTED BY SECTION 7.02 WILL NOT CONSTITUTE A BREACH OF THIS SECTION 6.05.
6.06
COMPLIANCE WITH STATUTES, ETC.
THE BORROWER WILL, AND WILL CAUSE EACH
SUBSIDIARY TO, COMPLY WITH ALL APPLICABLE STATUTES, REGULATIONS AND ORDERS OF,
AND ALL APPLICABLE RESTRICTIONS IMPOSED BY, ALL GOVERNMENTAL BODIES, DOMESTIC OR
FOREIGN (INCLUDING ALL ENVIRONMENTAL LAWS), IN RESPECT OF THE CONDUCT OF ITS
BUSINESS AND THE OWNERSHIP OF ITS PROPERTY OTHER THAN THOSE THE NON-COMPLIANCE
WITH WHICH IS NOT REASONABLY LIKELY TO HAVE A MATERIAL ADVERSE EFFECT.
6.07
ERISA.
AS SOON AS POSSIBLE AND, IN ANY EVENT, WITHIN 10 DAYS AFTER THE
BORROWER KNOWS OR HAS REASON TO KNOW OF THE OCCURRENCE OF ANY OF THE FOLLOWING,
THE BORROWER WILL DELIVER TO EACH OF THE LENDERS A CERTIFICATE OF THE CHIEF
FINANCIAL OFFICER OF THE BORROWER SETTING FORTH THE FULL DETAILS AS TO SUCH
OCCURRENCE AND THE ACTION,