SECTION 6.10. Accounting Changes. The Borrower will not change its
fiscal year from a fiscal year ending December 31, and its fiscal year will end
on the same date as Parent Companies' fiscal year. The Borrower will not adopt
any non-mandatory change in GAAP or the application thereof without 30 days'
prior notice to the Lenders, accompanied, in the case of any material change, by
evidence of concurrence in such change by the public accounting firm regularly
employed by the Borrower.
SECTION 6.11. Capital Expenditure; Permitted Acquisitions. (a) For any
fiscal year of the Borrower, Consolidated Capital Expenditures (excluding
Permitted Special Capital Expenditures) will not exceed $10,000,000.
(b) The aggregate amount of Permitted Acquisitions (excluding Permitted
Asset Swaps and Deferred Asset Swaps) made after the Effective Date shall not
exceed an amount equal to 15% of consolidated assets (calculated on a book value
basis) of the Borrower (calculated as of the consummation date of each Permitted
Acquisition, before giving effect to such Permitted Acquisition), unless
otherwise agreed by the Required Lenders.
(c) If any property (other than real property) acquired or constructed
by the Borrower or any wholly owned Subsidiary after the date hereof is not
subject to the Lien of the Collateral Documents, the Borrower or such Subsidiary
will execute and deliver such security documents as may be necessary, or as the
Administrative Agent may reasonably request, to subject such property to such a
Lien to the same extent as assets under the Borrower Security Agreement (subject
only to Liens permitted thereby). If any real property acquired by the Borrower
or any Subsidiary after the date hereof is not subject to the Lien of the
Collateral Documents, and a Default has occurred and is continuing, the Borrower
or such Subsidiary will, at the request of the Required Lenders, execute and
deliver a Mortgage of such property and such other security documents as may be
necessary, or as the Administrative Agent may reasonably request, to subject
such real property to such a Lien to the same extent as assets under the
Borrower Security Agreement (subject only to Liens permitted thereby).