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This excerpt taken from the BECN 8-K filed Oct 18, 2005. Fair Labor Standards Act
or any Loan Party’s payment or non-payment of any taxes including any tax
audit.
(J) Events of Default, etc. Promptly upon any officer of Borrower obtaining knowledge of any of the following events or conditions, Borrower shall deliver to Agent copies of all notices given or received by any Loan Party with respect to any such event or condition and a certificate on behalf of Borrower, signed on behalf of Borrower by Borrower’s chief executive officer, specifying the nature and period of existence of such condition or event and what action such Loan Party has taken, is taking and proposes to take with respect thereto: (1) any condition or event that constitutes an Event of Default or Default; (2) any notice of default that any Person has given to any Loan Party or any other action taken with respect to a claimed default; or (3) any Material Adverse Effect or (4) any default or event of default with respect to any Indebtedness of Holdings or any of its Subsidiaries.(K) Projections. As soon as available and in any event no later than forty-five (45) days after the end of Holdings’ Fiscal Year, Borrower will deliver to Agent and Lenders consolidated and consolidating Projections of Holdings and its Subsidiaries for the forthcoming Fiscal Year, month by month.
(L) Other Information. With reasonable promptness, Borrower will deliver such other information and data as Agent or Lenders may reasonably request from time to time.(M) SEC Filings and Press Releases. Promptly upon their becoming available, Borrower will deliver to Agent copies of (1) all financial statements, reports, notices and proxy statements sent or made available by Holdings to its stockholders, (2) all regular and periodic reports and all registration statements and prospectuses, if any, filed by Holdings with any securities exchange or with the Securities and Exchange Commission or any private regulatory authority, and (3) all press releases and other statements made available by Holdings to the public concerning developments in the business of any Loan Party.
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