HAS OCCURRED WITH
RESPECT TO ANY PLAN, NEITHER THE BORROWER NOR ANY OTHER MEMBER OF THE CONTROLLED
GROUP HAS WITHDRAWN FROM ANY PLAN OR INITIATED STEPS TO DO SO, AND NO STEPS HAVE
BEEN TAKEN TO REORGANIZE OR TERMINATE ANY PLAN.
6.11
DEFAULTS.
NO DEFAULT OR UNMATURED DEFAULT HAS OCCURRED AND IS
CONTINUING.
6.12
ACCURACY OF INFORMATION.
NO INFORMATION, EXHIBIT OR REPORT FURNISHED BY
THE BORROWER OR ANY OF ITS SUBSIDIARIES TO THE AGENT OR TO ANY LENDER IN
CONNECTION WITH THE NEGOTIATION OF, OR COMPLIANCE WITH, THE FACILITY DOCUMENTS
CONTAINED ANY MATERIAL MISSTATEMENT OF FACT OR OMITTED TO STATE A MATERIAL FACT
OR ANY FACT NECESSARY TO MAKE THE STATEMENTS CONTAINED THEREIN NOT MISLEADING.
6.13
REGULATION U.
MARGIN STOCK (AS DEFINED IN REGULATION U) CONSTITUTES LESS
THAN 25% OF THE VALUE OF THOSE ASSETS OF THE BORROWER AND ITS SUBSIDIARIES WHICH
ARE SUBJECT TO ANY LIMITATION ON SALE, PLEDGE, OR OTHER RESTRICTION HEREUNDER.
NEITHER THE MAKING OF ANY
40
REVOLVING CREDIT ADVANCE NOR ISSUANCE OF ANY LETTERS OF CREDIT HEREUNDER NOR THE
USE OF THE PROCEEDS THEREOF, WILL VIOLATE OR BE INCONSISTENT WITH THE PROVISIONS
OF REGULATION T, REGULATION U OR REGULATION X.
6.14
MATERIAL AGREEMENTS.
NEITHER THE BORROWER NOR ANY SUBSIDIARY IS A PARTY
TO ANY AGREEMENT OR INSTRUMENT OR SUBJECT TO ANY CHARTER OR OTHER CORPORATE
RESTRICTION WHICH COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE
EFFECT.
NEITHER THE BORROWER NOR ANY SUBSIDIARY IS IN DEFAULT IN THE
PERFORMANCE, OBSERVANCE OR FULFILLMENT OF ANY OF THE OBLIGATIONS, COVENANTS OR
CONDITIONS CONTAINED IN (A) ANY AGREEMENT TO WHICH IT IS A PARTY WHICH DEFAULT
COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT OR (B) ANY
AGREEMENT OR INSTRUMENT EVIDENCING OR GOVERNING INDEBTEDNESS.
6.15
COMPLIANCE WITH LAWS.
THE BORROWER AND ITS SUBSIDIARIES HAVE COMPLIED
WITH ALL APPLICABLE STATUTES, RULES, REGULATIONS, ORDERS AND RESTRICTIONS OF ANY
DOMESTIC OR FOREIGN GOVERNMENT OR ANY INSTRUMENTALITY OR AGENCY THEREOF HAVING
JURISDICTION OVER THE CONDUCT OF THEIR RESPECTIVE BUSINESSES OR THE OWNERSHIP OF
THEIR RESPECTIVE PROPERTY, EXCEPT WHERE THE FAILURE TO COMPLY COULD NOT
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
6.16
OWNERSHIP OF PROPERTIES.
THE BORROWER AND EACH OF ITS SUBSIDIARIES HAS
GOOD TITLE, FREE OF ALL LIENS OTHER THAN THOSE PERMITTED BY SECTION 7.16, TO ALL
OF THE PROPERTY AND ASSETS REFLECTED IN THE BORROWER'S MOST RECENT CONSOLIDATED
FINANCIAL STATEMENTS PROVIDED TO THE AGENT AS OWNED BY THE BORROWER AND ITS
SUBSIDIARIES.
6.17
PLAN ASSETS; PROHIBITED TRANSACTIONS.
THE BORROWER IS NOT AN ENTITY
DEEMED TO HOLD "PLAN ASSETS" WITHIN THE MEANING OF 29 C.F.R. § 2510.3-101 OF AN
EMPLOYEE BENEFIT PLAN (AS DEFINED IN SECTION 3(3) OF ERISA) WHICH IS SUBJECT TO
TITLE I OF ERISA OR ANY PLAN (WITHIN THE MEANING OF SECTION 4975 OF THE CODE),
AND NEITHER THE EXECUTION OF THIS AGREEMENT NOR THE MAKING OF REVOLVING CREDIT
LOANS NOR THE ISSUANCE OF LETTERS OF CREDIT HEREUNDER GIVES RISE TO A PROHIBITED
TRANSACTION WITHIN THE MEANING OF SECTION 406 OF ERISA OR SECTION