Common use of Notices and Information Clause in Contracts

Notices and Information. Deliver to the Lender: (a) promptly upon the Borrower or any of its Subsidiaries obtaining knowledge (i) of any condition or event which constitutes an Event of Default or a Potential Event of Default, (ii) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default of the type referred to in Section 8.1(e), (iii) of the institution of, or any adverse development in, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries greater than $100,000, in the aggregate, (iv) of any material casualty to any Collateral resulting in a loss in excess of $100,000, in the aggregate, or (v) of a condition or events that could reasonably be expected to cause a Material Adverse Effect, an Officer’s Certificate specifying the nature and period of existence of any such condition or event, and what action the Borrower and its Subsidiaries are taking with respect thereto; (b) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (i) ERISA Event, or (ii) “prohibited transaction,” as such term is defined in Section 4975 of the Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are taking or propose to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA; (d) promptly, and in any event within thirty (30) days following receipt thereof by the Borrower or any of its Subsidiaries, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; and (e) promptly, and in any event within ten (10) days after request, such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the Lender.

Notices and Information. Deliver to the LenderAgent and each of the Banks: (ai) promptly upon the any officer of Borrower or any of its Subsidiaries obtaining knowledge (iA) of any condition or event which constitutes an Event of Default or a existing Potential Event of Default, (iiB) that any Person has given any notice to the Borrower or any Consolidated Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default or event or condition of the type referred to in Section 8.1(e7.1(e), (iiiC) of the institution of, or any adverse development in, of any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Consolidated Subsidiaries equal to or greater than $100,000, 4,000,000 or any adverse determination in the aggregate, (iv) any litigation involving a potential liability of Borrower or any material casualty of its Consolidated Subsidiaries equal to any Collateral resulting in a loss in excess of or greater than $100,000, in the aggregate4,000,000, or (vD) of a material adverse change in the business, operations, properties, assets or condition (financial or events that could reasonably be expected to cause otherwise) of Borrower and its Consolidated Subsidiaries, taken as a Material Adverse Effectwhole, an Officer’s Certificate officer's certificate specifying the nature and period of existence of any such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, event or condition, and what action the Borrower has taken, is taking and its Subsidiaries are taking proposes to take with respect thereto; (bii) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (iA) ERISA Termination Event, or (iiB) “"prohibited transaction,” " as such term is defined in Section 4975 of the Internal Revenue Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate a written notice specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (ciii) with reasonable promptness following receipt thereof copies of (A) all notices received by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s 's intent to terminate any material Pension Plan or to have a trustee appointed to administer any Pension Plan; (iiB) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each material Pension Plan; and (iiiC) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the material imposition or material amount of withdrawal liability pursuant to Section 4202 of ERISA; (div) promptly, and in any event within thirty (30) days following after receipt thereof by the Borrower or any of its Subsidiariesthereof, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority governmental authority or court in any way concerning any material action or omission on the part of the Borrower or any of its Consolidated Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law federal, state or local law, rule, regulation, order or directive or any waste or by by-product thereof, or concerning the filing of a Lien material lien upon, against or in connection with the Borrower, its Consolidated Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section ss. 9507 of the Internal Revenue Code; and (ev) promptly, and in any event within ten (10) days after request, such other information and data with respect to the business affairs and financial condition of Borrower or any of its Consolidated Subsidiaries as from time to time may be reasonably requested by the LenderAgent and a Bank.

Notices and Information. Deliver to the Lender:Bank: ---------------------------- (ai) promptly upon the Chief Executive Officer, the Chief Financial Officer, or the Vice President-Finance of Borrower or any of its Subsidiaries obtaining knowledge (ia) of any condition or event which constitutes an Event of a Default or a Potential an Event of Default, (iib) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default or event or condition of the type referred to in Section 8.1(e7.1(e), (iiic) of the institution of, or any adverse development in, of any litigation involving an alleged uninsured liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries equal to or greater than $100,00010,000,000 or any adverse determination in any litigation involving a potential uninsured or unindemnified liability of Borrower or any of its Subsidiaries equal to or greater than $10,000,000, provided that in the aggregate, (iv) case of any material casualty an indemnified liability the indemnitor is financially able to any Collateral resulting in a loss in excess of $100,000, in honor the aggregateindemnity if called upon to do so, or (vd) of a condition or events that could reasonably be expected to cause a Material Adverse EffectChange, an Officer’s Certificate officers' certificate specifying the nature and period of existence of any such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Event of Default, Default, event or condition, and what action the Borrower has taken, is taking and its Subsidiaries are taking proposes to take with respect thereto; (bii) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of (a) any reportable event under Section 4043(b) of ERISA for which the PBGC requires 30 day notice, (ib) any action by Borrower or any ERISA Event, Affiliate of Borrower to terminate or (ii) “prohibited transaction,” as such term is defined in withdraw from a Plan or the filing of any notice of intent to terminate under Section 4975 of the Code or Section 406 4041 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are taking or propose to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any notice of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service noncompliance made with respect to each Pension Plan; a Plan under Section 4041(b) of ERISA, and (iiid) all notices received by the Borrower, commencement of any of its Subsidiaries or any of their respective ERISA Affiliates from proceeding with respect to a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to under Section 4202 4042 of ERISA; (diii) promptly, and in any event within thirty (30) 10 days following after receipt thereof by the Borrower or any of its Subsidiariesthereof, a copy of any material notice, summons, citation, directive, letter or other form of communication from the FDA, the DEA, or any Governmental Authority other governmental authority or court in any way concerning any allegedly unlawful action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereofthe manufacture, storage, or concerning sale of products or the filing operation of a Lien upon, against Borrower's or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code' businesses; and (eiv) promptly, and in any event within ten (10) days after promptly upon Bank's request, such other information statements, budgets, forecasts or reports as to Borrower and data with respect to the Borrower or any of its Subsidiaries as from time to time Bank reasonably may be reasonably requested by the Lenderrequest.

Notices and Information. Deliver to the Lender: (a) promptly upon Promptly notify the Borrower Administrative Agent and each Lender in writing of the occurrence of any Default or Event of Default and the nature thereof. (b) Promptly notify the Administrative Agent and each Lender in writing, of any of its Subsidiaries obtaining knowledge the following that affects any Consolidated Party: (i) the written threat or commencement of any condition proceeding or event which constitutes investigation, whether or not covered by insurance, if an Event adverse determination could reasonably be expected to have a Material Adverse Effect; (ii) any pending or threatened material labor dispute, strike or walkout, or the expiration of any material labor contract; (iii) any default under or termination of a Material Contract; (iv) the existence of any Default or a Potential Event of Default; (v) any judgment in an amount exceeding $7,500,000; (vi) the assertion of any Intellectual Property Claim, if an adverse resolution could reasonably be expected to have a Material Adverse Effect; (iivii) that any Person has given violation or asserted violation of any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default of the type referred to in Section 8.1(e)Applicable Law (including ERISA, (iii) of the institution ofOSHA, FLSA, or any Environmental Laws), if an adverse development inresolution could reasonably be expected to have a Material Adverse Effect; (viii) any Environmental Release by a Consolidated Party or on any Property owned, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower leased or any of its Subsidiaries greater than $100,000, in the aggregate, (iv) of any material casualty to any Collateral resulting in occupied by a loss in excess of $100,000, in the aggregate, or (v) of a condition or events Consolidated Party that could reasonably be expected to cause have a Material Adverse Effect; or receipt of any Environmental Notice regarding a matter or event that could reasonably be expected to have a Material Adverse Effect; (ix) the discharge of or any withdrawal or resignation by the Borrower’s independent accountants; or (x) any opening of a new office or place of business, at least 30 days prior to such opening. (c) Promptly notify the Administrative Agent and each Lender of the occurrence of any ERISA Event. (d) Promptly notify the Administrative Agent and each Lender of any material change in accounting policies or financial reporting practices by any Consolidated Party. (e) Upon the reasonable written request of the Administrative Agent following the occurrence of any event or the discovery of any condition which the Administrative Agent or the Required Lenders reasonably believe has caused (or could be reasonably expected to cause) the representations and warranties set forth in Section 6.09 to be untrue in any material respect, the Loan Parties will furnish or cause to be furnished to the Administrative Agent, at the Loan Parties’ expense, a report of an Officer’s Certificate specifying environmental assessment of reasonable scope, form and depth, (including, where appropriate, invasive soil or groundwater sampling) by a consultant reasonably acceptable to the Administrative Agent as to the nature and period extent of existence the presence of any Hazardous Materials on any Real Properties and as to the compliance by any Consolidated Party with Environmental Laws at such condition or eventReal Properties. If the Loan Parties fail to deliver such an environmental report within seventy-five (75) days after receipt of such written request then the Administrative Agent may arrange for same, and the Consolidated Parties hereby grant to the Administrative Agent and its representatives access to the Real Properties to reasonably undertake such an assessment (including, where appropriate, invasive soil or groundwater sampling). The reasonable cost of any assessment arranged for by the Administrative Agent pursuant to this provision will be payable by the Loan Parties on demand and added to the obligations secured by the Collateral Documents. (f) At the time of delivery of the financial statements and reports provided for in Section 7.01(a), deliver to the Administrative Agent a report signed on behalf of the Borrower by an Responsible Officer of the General Partner setting forth (i) a list of registration numbers for all patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year and (ii) a list of all patent applications, trademark applications, service m▇▇▇ applications, trade name applications and copyright applications submitted by any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. (g) Not later than five Business Days after receipt thereof by any Consolidated Party thereof, copies of all notices or written requests and other documents (including amendments, waivers and other modifications) so received under or pursuant to any Related Document or material instrument, indenture, loan or credit or similar agreement and, from time to time upon request by the Administrative Agent, such information and reports regarding the Related Documents and such material instruments, indentures and loan and credit and similar agreements as the Administrative Agent may reasonably request. Each notice pursuant to this Section 7.03(a) through (e) shall be accompanied by a statement of a Responsible Officer of the General Partner setting forth in reasonable detail the occurrence referred to therein and stating what action the Borrower has taken and its Subsidiaries are taking with respect thereto; (b) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (i) ERISA Event, or (ii) “prohibited transaction,” as such term is defined in Section 4975 of the Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability . Each notice pursuant to Section 4202 7.03(a) shall describe with particularity any and all provisions of ERISA; (d) promptly, this Agreement and in any event within thirty (30) days following receipt thereof by the Borrower or any of its Subsidiaries, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; and (e) promptly, and in any event within ten (10) days after request, such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the LenderLoan Document that have been breached.

Notices and Information. Deliver to Restructure Agent and each of the Lender:Restructure Lenders subject to the last sentence of Section 8.1(f): (a1) promptly upon any officer of the Borrower or any of its Subsidiaries obtaining knowledge (iA) of any condition or event which constitutes an a Restructure Event of Default or a existing Potential Restructure Event of Default, (iiB) that any Person has given any notice to the Borrower or any Consolidated Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default or event or condition of the type referred to in Section 8.1(e9.1(e), (iiiC) of the institution of, or any adverse development in, of any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Consolidated Subsidiaries equal to or greater than $100,000, 4,000,000.00 or any adverse determination in any litigation involving a potential liability of the aggregate, (iv) Borrower or any of any material casualty its Consolidated Subsidiaries equal to any Collateral resulting in a loss in excess of or greater than $100,000, in the aggregate4,000,000.00, or (vD) of a material adverse change in the business, operations, properties, assets or condition (financial or events that could reasonably be expected to cause otherwise) of the Borrower and its Consolidated Subsidiaries, taken as a Material Adverse Effectwhole, an Officer’s Certificate officer's certificate specifying the nature and period of existence of any such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Restructure Event of Default, Potential Restructure Event of Default, event or condition, and what action the Borrower has taken, is taking and its Subsidiaries are taking proposes to take with respect thereto; (b2) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (iA) ERISA Termination Event, or (iiB) “"prohibited transaction,” ", as such term is defined in Section 4975 of the Internal Revenue Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate a written notice specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation ("PBGC") with respect thereto; (c3) with reasonable promptness following receipt thereof copies of (A) all notices received by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s PBGC's intent to terminate any material Pension Plan or to have a trustee appointed to administer any Pension Plan; (iiB) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each material Pension Plan; and (iiiC) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the material imposition or material amount of withdrawal liability pursuant to Section 4202 of ERISA; (d4) promptly, and in any event within thirty (30) days following after receipt thereof by the Borrower or any of its Subsidiariesthereof, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority governmental authority or court in any way concerning any material action or omission on the part of the Borrower or any of its Consolidated Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law federal, state or local law, rule, regulation, order or directive or any waste or by by-product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; and (e) promptly, and in any event within ten (10) days after request, such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the Lender.a

Notices and Information. Deliver to the LenderAdministrative Agent in writing: (a) promptly upon the Borrower or any of its Subsidiaries obtaining knowledge (i) of any condition or event which constitutes an Event of Default or a Potential Event of Default, (ii) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default of the type referred to in Section 8.1(e)8.1(f) of this Agreement, (iii) of the institution of, or any adverse development in, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries greater than $100,000, 250,000.00 in the aggregate, (iv) of any material casualty to any Collateral its assets resulting in a loss in excess of $100,000, 250,000.00 in the aggregate, or (v) of a condition or events that could reasonably be expected to cause a Material Adverse Effect, an Officer’s Certificate and/or other detailed written explanation acceptable to Administrative Agent specifying the nature and period of existence of any such condition or event, and what the action the Borrower and its Subsidiaries are is taking with respect thereto; (b) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (i) ERISA Event, or (ii) “prohibited transaction,” as such term is defined in Section 4975 of the Internal Revenue Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature thereof, what the action the Borrower and its Subsidiaries has taken, are is taking or propose to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA; (d) promptly, and in any event within thirty five (305) days following Business Days after receipt thereof by the Borrower or any of its SubsidiariesBorrower, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority Authority, or court in within five (5) Business Days of Borrower obtaining knowledge of, the release of any way concerning Hazardous Materials onto, into or from the Premises, any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereofLaw, or concerning the filing of a Lien under any Environmental Law upon, against or in connection with the Borrower, its Subsidiaries, Borrower or any of their its leased or owned real or personal property, in connection with a Hazardous Substance Materials Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; (e) within five (5) Business Days after receipt thereof by Borrower, copies of all material notices (as set forth and described in Section 6.13 below); and (ef) promptly, and in any event within ten five (105) days Business Days after requestrequest by Administrative Agent, such other reasonable information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the LenderLoan Party.

Notices and Information. Deliver to the Lender: (a) promptly upon Promptly notify Agent and each Lender in writing of the Borrower or any of its Subsidiaries obtaining knowledge (i) occurrence of any condition Default or event which constitutes an Event of Default or a Potential Event and the nature thereof. (b) Promptly notify Agent and each Lender in writing, of Default, (ii) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower following that affects any Consolidated Party: (a) the written threat or taken commencement of any other action with respect proceeding or investigation, whether or not covered by insurance, if an adverse determination could reasonably be expected to have a claimed cross-Material Adverse Effect; (b) any pending or threatened material labor dispute, strike or walkout, or the expiration of any material labor contract; (c) any default under or termination of a Material Contract; (d) any judgment in an amount exceeding $7,500,000; (e) the type referred assertion of any Intellectual Property Claim, if an adverse resolution could reasonably be expected to in Section 8.1(e)have a Material Adverse Effect; (f) any violation or asserted violation of any Applicable Law (including ERISA, (iii) of the institution ofOSHA, FLSA, or any Environmental Laws), if an adverse development inresolution could reasonably be expected to have a Material Adverse Effect; (g) any Environmental Release by a Consolidated Party or on any Property owned, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower leased or any of its Subsidiaries greater than $100,000, in the aggregate, (iv) of any material casualty to any Collateral resulting in occupied by a loss in excess of $100,000, in the aggregate, or (v) of a condition or events Consolidated Party that could reasonably be expected to cause have a Material Adverse Effect, an Officer’s Certificate specifying the nature and period of existence ; or receipt of any Environmental Notice regarding a matter or event that could reasonably be expected to have a Material Adverse Effect; (h) the discharge of or any withdrawal or resignation by any Borrower’s independent accountants; or (i) any opening of a new office or place of business, at least 30 days prior to such condition or event, and what action the Borrower and its Subsidiaries are taking with respect thereto;opening. (bc) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware Promptly notify Agent and each Lender of the occurrence of any ERISA Event. (d) Promptly notify Agent and each Lender of any material change in accounting policies or forthcoming financial reporting practices by any Consolidated Party, including any determination by the Borrowers referred to in Section 3.3. (e) Upon the reasonable written request of Agent following the occurrence of any event or the discovery of any condition which Agent or the Required Lenders reasonably believe has caused (or could be reasonably expected to cause) the representations and warranties set forth in Section 9.1.9 to be untrue in any material respect, the Obligors will furnish or cause to be furnished to Agent, at the Obligors’ expense, a report of an environmental assessment of reasonable scope, form and depth, (including, where appropriate, invasive soil or groundwater sampling) by a consultant reasonably acceptable to Agent as to the nature and extent of the presence of any Hazardous Materials on any Real Properties and as to the compliance by any Consolidated Party with Environmental Laws at such Real Properties. If the Obligors fail to deliver such an environmental report within seventy-five (75) days after receipt of such written request then Agent may arrange for same, and the Consolidated Parties hereby grant to Agent and its representatives access to the Real Properties to reasonably undertake such an assessment (including, where appropriate, invasive soil or groundwater sampling). The reasonable cost of any assessment arranged for by Agent pursuant to this provision will be payable by the Obligors on demand and added to the obligations secured by the Security Documents. (f) At the time of delivery of the financial statements and reports provided for in Section 10.1.1(a), deliver to Agent a report signed by a Senior Officer of the Borrower Agent or its general partner setting forth (i) ERISA Eventa list of registration numbers for all patents, or trademarks, service marks, trade names and copyrights awarded to any Obligor since the last day of the immediately preceding fiscal year and (ii) “prohibited transaction,” as such term is defined in Section 4975 a list of all patent applications, trademark applications, service m▇▇▇ applications, trade name applications and copyright applications submitted by any Obligor since the last day of the Code or Section 406 immediately preceding fiscal year and the status of ERISAeach such application, all in connection with such form as shall be reasonably satisfactory to Agent. (g) Not later than five Business Days after receipt thereof by any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature Consolidated Party thereof, copies of all notices or written requests and other documents (including amendments, waivers and other modifications) so received under or pursuant to any Related Document or material instrument, indenture, loan or credit or similar agreement and, from time to time upon request by the Agent, such information and reports regarding the Related Documents and such material instruments, indentures and loan and credit and similar agreements as the Agent may reasonably request. Each notice pursuant to this Section 10.1.3(a) through (e) shall be accompanied by a statement of a Senior Officer of the Borrower Agent or its general partner setting forth in reasonable detail the occurrence referred to therein and stating what action the Borrower Borrowers have taken and its Subsidiaries has taken, are taking or propose to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability . Each notice pursuant to Section 4202 7.03(a) shall describe with particularity any and all provisions of ERISA; (d) promptly, this Agreement and in any event within thirty (30) days following receipt thereof by the Borrower or any of its Subsidiaries, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; and (e) promptly, and in any event within ten (10) days after request, such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the LenderLoan Document that have been breached.

Notices and Information. Deliver to the Lender: (a) promptly upon the Borrower or any of its Subsidiaries obtaining knowledge (i) of any condition or event which constitutes an Event of Default or a Potential Event of Default, (ii) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default of the type referred to in Section 8.1(e)8.1(f) of this Agreement, (iii) of the institution of, or any adverse development in, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries greater than $100,000, in the aggregate3,000,000.00 individually, (iv) of any material casualty to any Collateral its assets resulting in a loss in excess of $100,000, 10,000,000.00 in the aggregate, or (v) of a condition or events that could reasonably be expected to cause a Material Adverse Effect, an Officer’s Certificate and/or other detailed written explanation acceptable to Lender specifying the nature and period of existence of any such condition or event, and what action the Borrower and its Subsidiaries are is taking with respect thereto; (b) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (i) ERISA Event, or (ii) “prohibited transaction,” as such term is defined in Section 4975 of the Internal Revenue Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of Borrower, and in the event it is likely to materially affect Borrower’s ability to perform its Subsidiariesobligations under this Agreement, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates Borrower of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension PlanPlan of Borrower; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension PlanPlan sending such notice to Borrower as specified in subsection (i); and (iii) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA; (d) promptly, and in any event within thirty seven (307) business days following after receipt thereof by the Borrower or any of its Subsidiaries, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any copies of their leased or owned real or personal property, all material notices (as set forth and described in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code6.9 below); and (e) promptly, and in any event within ten seven (107) business days after request, such other information and data with respect to the Borrower or any of its Subsidiaries Loan Party as from time to time may be reasonably requested by the Lender, subject to Borrower’s ability to withhold documents that are attorney-client privileged.

Notices and Information. Deliver to the LenderAgent and the Lenders: (a) promptly upon the Borrower or any of its Subsidiaries obtaining knowledge knowledge: (i) of any condition or event which constitutes an Event of Default or a Potential Event of Default, ; (ii) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default of the type referred to in Section 8.1(e), (iii) of the institution of, or any adverse development in, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries greater than $100,000, in the aggregate, ; (iviii) of any material casualty to any Collateral its assets resulting in a loss in excess of $100,000, in the aggregate, ; or (viv) of a any condition or events event that could reasonably be expected to cause a Material Adverse Effect, an Officer’s Certificate specifying the nature and period of existence of any such condition or event, and what action the Borrower and its Subsidiaries are Borrower, is taking with respect thereto; (b) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (i) ERISA Event, or (ii) “prohibited transaction,” as such term is defined in Section 4975 of the Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its SubsidiariesBorrower, copies of (i) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA; (d) promptly, and in any event within thirty (30) days following receipt thereof by the Borrower or any of its Subsidiaries, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; and (e) promptly, and in any event within ten (10) days after request, such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the Lender.

Notices and Information. Deliver to the Lender: (a) promptly upon the Borrower or any of its Subsidiaries obtaining knowledge (i) of any condition or event which constitutes an Event of Default or a Potential Event of Default, (ii) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default of the type referred to in Section 8.1(e), (iii) of the institution of, or any adverse development in, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries greater than $100,000, in the aggregate, (iv) of any material casualty to any Collateral its assets resulting in a loss in excess of $100,000, in the aggregate, or (v) of a condition or events that could reasonably be expected to cause a Material Adverse Effect, an Officer’s Certificate specifying the nature and period of existence of any such condition or event, and what action the Borrower and its Subsidiaries are Borrower, is taking with respect thereto; (b) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (i) ERISA Event, or (ii) “prohibited transaction,” as such term is defined in Section 4975 of the Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its SubsidiariesBorrower, copies of (i) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA;; and (d) promptly, and in any event within thirty (30) days following receipt thereof by the Borrower or any of its SubsidiariesBorrower, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; (e) promptly after filing, receipt or becoming aware thereof, copies of any filings or communications sent to and notices or other communications received by the Borrower or any of its Subsidiaries from any Governmental Authority, including, without limitation, the SEC, the Federal Communications Commission, the New York Public Service Commission or the New Jersey Board of Public Utilities, or any other state utility commission relating to any material noncompliance by the Borrower or any of its Subsidiaries with any Laws or with respect to any matter or proceeding the effect of which, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; and (ef) promptly, and in any event within ten (10) days after request, such other information and data with respect to the Borrower or any of its Subsidiaries as from time to time may be reasonably requested by the Lender.

Notices and Information. Deliver to the LenderGuarantied Party: (ai) promptly upon any officer of the Borrower or any of its Subsidiaries Guarantor obtaining knowledge (ia) of any condition or event which constitutes an Event of Default or a Potential Event of DefaultDefault under the Indenture, the Loan Documents and the Station Agreements to which Guarantor is a party (iib) that any Person has given any notice to the Borrower Guarantor, any of its Subsidiaries or any Subsidiary of the Borrower Loan Party or taken any other action with respect to a claimed cross-default or event or condition of the type referred to in Section 8.1(e)subsection 7.2 of the Credit Agreement, (iiic) of the institution of, or any adverse development in, of any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or Guarantor, any of its Subsidiaries or any Loan Party equal to or greater than $100,000 or any adverse determination in any litigation involving a potential liability of the Guarantor, any of its Subsidiaries or any Loan Party equal to or greater than $100,000, in the aggregate, (iv) of any material casualty to any Collateral resulting in a loss in excess of $100,000, in the aggregateeach case not covered by insurance, or (vd) of a condition or events that could reasonably be expected to cause a Material Adverse Effect, an Officer’s Certificate officers’ certificate specifying the nature and period of existence of any such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, event or condition, and what action the Borrower Guarantor has taken, is taking and its Subsidiaries are taking proposes to take with respect thereto; (bii) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (ia) ERISA Event, or (iib) “prohibited transaction,” as such term is defined in Section 4975 of the Internal Revenue Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate a written notice specifying the nature thereof, what action the Borrower and its Subsidiaries Guarantor has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (ciii) with reasonable promptness following receipt thereof by the Borrower or any of its Subsidiaries, copies of (ia) all notices received by the Borrower, Guarantor or any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (iib) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Guarantor or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iiic) all notices received by the Borrower, Guarantor or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA; (div) promptly, and in any event within thirty (30) days following after receipt thereof by the Borrower or any of its Subsidiariesthereof, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority governmental authority or court in any way concerning any action or omission on the part of the Borrower Guarantor or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law federal, state or local law, rule, regulation, order or directive or any waste or by product thereof, or concerning the filing of a Lien lien upon, against or in connection with the BorrowerGuarantor, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section § 9507 of the Internal Revenue Code; (v) promptly after the delivery to or by Guarantor or any of its Subsidiaries thereof, copies of all notices and reports delivered in connection with the Indenture or any material Indebtedness of Guarantor or any of its Subsidiaries; (vi) promptly, and in any event within twenty (20) days after the end of each calendar month, a report setting forth calculations in reasonable detail of the Granite Actual Incremental Expenses (as defined in the Credit Agreement) for such month; and (evii) promptly, and in any event within ten (10) days after request, such other information and data with respect to the Borrower or any of its Subsidiaries Guarantor as from time to time may be reasonably requested by the LenderGuarantied Party.

Notices and Information. Deliver to Restructure Agent and each of the Lender:Restructure Lenders subject to the last sentence of Section 8.1(f): (a1) promptly upon any officer of the Borrower or any of its Subsidiaries obtaining knowledge (iA) of any condition or event which constitutes an a Restructure Event of Default or a existing Potential Restructure Event of Default, (iiB) that any Person has given any notice to the Borrower or any Consolidated Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default or event or condition of the type referred to in Section 8.1(e9.1(e), (iiiC) of the institution of, or any adverse development in, of any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Consolidated Subsidiaries equal to or greater than $100,000, 4,000,000.00 or any adverse determination in any litigation involving a potential liability of the aggregate, (iv) Borrower or any of any material casualty its Consolidated Subsidiaries equal to any Collateral resulting in a loss in excess of or greater than $100,000, in the aggregate4,000,000.00, or (vD) of a material adverse change in the business, operations, properties, assets or condition (financial or events that could reasonably be expected to cause otherwise) of the Borrower and its Consolidated Subsidiaries, taken as a Material Adverse Effectwhole, an Officer’s Certificate officer's certificate specifying the nature and period of existence of any such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Restructure Event of Default, Potential Restructure Event of Default, event or condition, and what action the Borrower has taken, is taking and its Subsidiaries are taking proposes to take with respect thereto; (b2) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (iA) ERISA Termination Event, or (iiB) “"prohibited transaction,” ", as such term is defined in Section 4975 of the Internal Revenue Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate a written notice specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation ("PBGC") with respect thereto; (c3) with reasonable promptness following receipt thereof copies of (A) all notices received by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s PBGC's intent to terminate any material Pension Plan or to have a trustee appointed to administer any Pension Plan; (iiB) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each material Pension Plan; and (iiiC) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the material imposition or material amount of withdrawal liability pursuant to Section 4202 of ERISA; (d4) promptly, and in any event within thirty (30) days following after receipt thereof by the Borrower or any of its Subsidiariesthereof, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority governmental authority or court in any way concerning any material action or omission on the part of the Borrower or any of its Consolidated Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law federal, state or local law, rule, regulation, order or directive or any waste or by by-product thereof, or concerning the filing of a Lien material lien upon, against or in connection with the Borrower, its Consolidated Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Internal Revenue Code; and (e5) promptly, and in any event within ten fifteen (1015) days after request, such other information and data with respect to the business affairs and financial condition of the Borrower or any of its Consolidated Subsidiaries as from time to time may be reasonably requested by Restructure Agent or any Restructure Lender; provided, however, that such fifteen (15) day period may be extended for a reasonable period at the Lenderrequest of the Borrower and with the consent of the Restructure Agent (which consent shall not be unreasonably withheld) if the Borrower determines that such information and data cannot reasonably be provided within such fifteen (15) day period. (6) promptly, and in any event within two business days after such event, written notice on each occasion that the Borrower's cash balance is less than the required minimum amount for such period as set forth in Section 8.2(b) for five consecutive business days from the date that the Borrower first has knowledge that its cash balance is less than such required minimum cash balance.

Notices and Information. Deliver to the Lender: (a) promptly upon the Borrower or any of its Subsidiaries obtaining knowledge (i) of any condition or event which constitutes an Event of Default or a Potential Event of Default, (ii) that any Person has given any notice to the Borrower or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default of the type referred to in Section 8.1(e), (iii) of the institution of, or any adverse development in, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries greater than $100,000[***], in the aggregate, (iv) of any material casualty to any Collateral its assets resulting in a loss in excess of $100,000[***], in the aggregate, or (v) of a condition or events that could reasonably be expected to cause result in a Material Adverse Effect, an Officer’s Certificate a certificate signed by a Trustee or a duly authorized officer of the Borrower, specifying the nature and period of existence of any such condition or event, and what action the Borrower and its Subsidiaries are Borrower, is taking with respect thereto; (b) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (i) ERISA Event, or (ii) “prohibited transaction,” as such term is defined in Section 4975 of the Code or Section 406 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officerofficer’s Certificate certificate duly executed by an authorized officer of the Borrower specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are is taking or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its SubsidiariesBorrower, copies of (i) all notices received by the Borrower, any of its Subsidiaries Borrower or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA; (d) promptly, copies of all amendments or modifications to the Governing Documents of any Loan Party (including the Declaration of Trust and in any event within thirty (30each Subsidiary Governing Agreement) days following receipt thereof by the Borrower or any of its SubsidiariesUnderlying Fund Documents; (e) promptly, a copy written notice of any notice, summons, citation, directive, letter action to remove or other form replace (i) any Trustee of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereof, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries(ii) the Investment Advisor as an investment advisor of the Borrower, (iii) the Administrator as the administrator of the Borrower, (iv) the Custodian as the sole custodian of the Borrower, or (v) the trustee, manager, general partner or any other applicable governing Person of any Loan Party; (f) promptly, written notice in the event that the Borrower decides to seek the approval of its shareholders or any other applicable authorizing Person(s) to effect a change in any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability the Fund as maintained pursuant to Section 9507 of the CodePolicies; and (eg) promptly, and in any event within ten (10) days Business Days after the applicable request, such other information and data with respect to the Borrower Borrower, any other Loan Party or any of its their respective Subsidiaries as from time to time may be reasonably requested by the Lender.

Notices and Information. Deliver to the LenderBank: (ai) promptly upon the any officer of Borrower or any of its Subsidiaries obtaining knowledge (ia) of any condition or event which constitutes an Event of Default or a existing Potential Event of Default, (iib) that any Person has given any notice to the Borrower or any Consolidated Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default or event or condition of the type referred to in Section 8.1(e), (iii) of the institution of, or any adverse development in, any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower or any of its Subsidiaries greater than $100,000, in the aggregate, (iv) of any material casualty to any Collateral resulting in a loss in excess of $100,000, in the aggregate, or (v) of a condition or events that could reasonably be expected to cause a Material Adverse Effect, an Officer’s Certificate specifying the nature and period of existence of any such condition or event, and what action the Borrower and its Subsidiaries are taking with respect thereto;Section (bii) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of any (ia) ERISA Termination Event, or (iib) “"prohibited transaction,” " as such term is defined in Section 4975 of the Internal Revenue Code or Section 406 of ERISA, in connection with any Employee Benefit Plan (other than the Dastek, Inc. Savings and Deferred Profit-Sharing Plan which is proposed to be terminated effective as of June 30, 1994) or any trust created thereunder, an Officer’s Certificate a written notice specifying the nature thereof, what action the Borrower and its Subsidiaries has taken, are taking is taking, or propose proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (ciii) with reasonable promptness following receipt thereof copies of (a) all notices received by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s 's intent to terminate any material Pension Plan or to have a trustee appointed to administer any Pension Plan; (iib) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each material Pension Plan; and (iiic) all notices received by the Borrower, Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the material imposition or material amount of withdrawal liability pursuant to Section 4202 of ERISA; (div) promptly, and in any event within thirty (30) days following after receipt thereof by the Borrower or any of its Subsidiariesthereof, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority or court in any way concerning any action or omission on the part of the Borrower or any of its Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law or any waste or by product thereofletter, or concerning the filing of a Lien upon, against or in connection with the Borrower, its Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Code; andother (ev) promptly, and in any event within ten (10) days after request, such other information and data with respect to the business affairs and financial condition of Borrower or any of its Consolidated Subsidiaries as from time to time may be reasonably requested by the LenderBank.

Notices and Information. Deliver to the LenderBank: (ai) promptly upon the Borrower or any of its Subsidiaries EIG obtaining knowledge (iA) of any condition or event which constitutes an Event of Default or a Potential Event of Default, (iiB) that any Person has given any notice to the Borrower Borrower, EIG or any Subsidiary of the Borrower or taken any other action with respect to a claimed cross-default or event or condition of the type referred to in Section 8.1(e7.1(e), (iiiC) of the institution of, or any adverse development in, of any litigation involving an alleged liability (including possible forfeiture of property) of the Borrower Borrower, EIG or any of its their respective Subsidiaries equal to or greater than $100,000200,000 or any adverse determination in any litigation involving a potential liability of the Borrower, in the aggregate, (iv) EIG or any of any material casualty their respective Subsidiaries equal to any Collateral resulting in a loss in excess of or greater than $100,000, in the aggregate200,000, or (vD) of a material adverse change in the business, operations, properties, assets or condition (financial or events that could reasonably be expected to cause otherwise) of the Borrower, EIG and its Subsidiaries, taken as a Material Adverse Effectwhole, an Officer’s Certificate officers' certificate specifying the nature and period of existence of any such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, event or condition, and what action the Borrower or EIG has taken, is taking and its Subsidiaries are taking proposes to take with respect thereto; (bii) promptly upon any officer of the Borrower or any of its Subsidiaries becoming aware of the occurrence of or forthcoming occurrence of (A) any reportable event under Section 4043(b) of ERISA for which the PBGC requires 30 day notice, (iB) any action by the Borrower, EIG or any ERISA EventAffiliate of the Borrower or EIG to terminate or withdraw from a Plan or the filing of any notice of intent to terminate under Section 4041 of ERISA, (C) any notice of noncompliance made with respect to a Plan under Section 4041 (b) of ERISA, or (iiD) “prohibited transaction,” as such term is defined in the commencement of any proceeding with respect to a Plan under Section 4975 of the Code or Section 406 4042 of ERISA, in connection with any Employee Benefit Plan or any trust created thereunder, an Officer’s Certificate officers' certificate specifying the nature thereofand period of existence of any such condition or event, or specifying the notice given or action taken and the nature of planned termination claimed noncompliance, and what action the Borrower and its Subsidiaries has taken, are is taking or propose and proposes to take with respect thereto, and, when known, any action taken or threatened by the Internal Revenue Service, the Department of Labor, or the Pension Benefit Guaranty Corporation with respect thereto; (c) with reasonable promptness following receipt thereof by the Borrower or any of its Subsidiaries, copies of (i) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates of the Pension Benefit Guaranty Corporation’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan; (ii) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates with the Internal Revenue Service with respect to each Pension Plan; and (iii) all notices received by the Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA; (d) promptly, and in any event within thirty (30) 30 days following after receipt thereof by the Borrower or any of its Subsidiariesthereof, a copy of any notice, summons, citation, directive, letter or other form of communication from any Governmental Authority governmental authority or court in any way concerning any action or omission on the part of the Borrower Borrower, EIG or any of its their respective Subsidiaries in connection with any substance defined as toxic or hazardous by any applicable Environmental Law federal, state or local law, rule, regulation, order or directive or any waste or by product byproduct thereof, or concerning the filing of a Lien alien upon, against or in connection with the Borrower, its EIG, their respective Subsidiaries, or any of their leased or owned real or personal property, in connection with a Hazardous Substance Superfund or a Post-Closure Liability Fund as maintained pursuant to Section 9507 of the Internal Revenue Code; and (eiv) promptly, and in any event within ten (10) days after promptly upon the Bank's request, such other information statements, lists of property and data with respect accounts, budgets, forecasts or reports as to the Borrower or any of its Borrower, EIG and their respective Subsidiaries as from time to time the Bank may be reasonably requested by the Lenderrequest.