BKS » Topics » Notices

This excerpt taken from the BKS 8-K filed Oct 1, 2009.
Notices. Promptly, unless expressly indicated otherwise, notify the Administrative Agent:

(a)           of the occurrence of (i) any Specified Default and (ii) upon a Responsible Officer obtaining actual knowledge thereof, any Default other than a Specified Default;

(b)           immediately upon obtaining actual knowledge thereof, any other Trigger Event or Fixed Charge Trigger Event;

(c)           of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect, including (i) breach or non-performance of, or any default under, a Material Contract or with respect to Material Indebtedness of any Loan Party or any Subsidiary thereof; (ii) any material dispute, litigation, investigation, proceeding or suspension between any Loan Party or any Subsidiary thereof and any Governmental Authority; or (iii) the commencement of, or any material development in, any material litigation or proceeding affecting any Loan Party or any Subsidiary thereof, including pursuant to any applicable Environmental Laws;

(d)         of the occurrence of any ERISA Event;


(f)           any material change in accounting policies or financial reporting practices by any Loan Party or any Subsidiary thereof;

(g)           of the Public Accountants’ determination (in connection with its preparation of its report under Section 6.01(a))or the Lead Borrower's determination of the occurrence or existence of any Internal Control Event ;

(h)          of the formation or acquisition of any Subsidiary;

(i)           of any change in the name, corporate form or state of organization of any Loan Party or any change in the name or names under which any Loan Party’s Business is transacted

(j)           immediately upon receipt of notice thereof, of the filing of any Lien against any Loan Party for unpaid Taxes against any material portion of the Collateral;

(k)           of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any interest in a material portion of the Collateral under power of eminent domain or by condemnation or similar proceeding or if any material portion of the Collateral is damaged or destroyed; and

(l)           of any notice of any material non-compliance with applicable Laws with respect to any “Property” (as defined in any Mortgages relating to Eligible Real Estate) which it receives or any pending proceedings in respect thereof.

Each notice pursuant to this Section 6.03 shall be accompanied by a statement of a Responsible Officer of the Lead Borrower setting forth details of the occurrence referred to therein and stating what action the Lead Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 6.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.

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