5.26 Investment Company. No Loan Party or Subsidiary thereof is an investment
company or a company controlled by an investment company within the meaning of the Investment Company Act of 1940, as amended.
5.27 Defaults. No Default exists hereunder, nor will any begin to exist immediately after the execution and delivery hereof.
5.28 Senior Debt Status. The Obligations (a) rank at least pari passu in right of payment with all material senior Indebtedness of
Borrower and its Subsidiaries and (b) are designated as Senior Indebtedness, Designated Senior Debt or such similar term under all instruments and documents relating to all Subordinated Indebtedness and all senior
unsecured Indebtedness of such Person.
So long as
any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder shall remain unpaid or unsatisfied (other than contingent indemnification obligations not then due) or any Letter of Credit shall remain outstanding, the Borrower
shall, and shall (except in the case of the covenants set forth in Sections 6.01, 6.02, 6.03 and 6.11) cause each Subsidiary to:
6.01 Financial Statements. Deliver to the Administrative Agent and each Lender, in form and detail satisfactory to the Administrative
Agent and the Required Lenders:
(a) within ninety-five (95) days after the end of each fiscal year of the Borrower (commencing with
the fiscal year ending December 31, 2015), an annual audit report of the Borrower and its Subsidiaries for that year prepared on a consolidated basis, in accordance with GAAP, and certified by an unqualified opinion of an independent public
accountant satisfactory to the Administrative Agent, which report shall include balance sheets and statements of income (loss), stockholders equity and cash-flow for that period;
(b) within fifty (50) days after the end of each of the first three fiscal quarter periods of each fiscal year of the Borrower
(commencing with the fiscal quarter ending September 30, 2015), balance sheets of the Borrower and its Subsidiaries as of the end of such period and statements of income (loss), stockholders equity and cash flow for the quarter and fiscal
year to date periods, setting forth in comparative form the figures for the corresponding fiscal quarter of the previous fiscal year and the corresponding portion of the previous fiscal year, all prepared on a consolidated basis, in accordance with
GAAP, and certified by a Responsible Officer of the Borrower; and
(c) within forty-five (45) days after the end of each fiscal year
of the Borrower, an annual business plan and budget of the Borrower and its Subsidiaries on a consolidated basis, including forecasts prepared by management of the Borrower, of consolidated balance sheets and statements of income or operations and
cash flows of the Borrower and its Subsidiaries on a quarterly basis for the immediately following fiscal year (including the fiscal year in which the Maturity Date occurs).