First Data 2007 Annual Report Download - page 327

as at the end of the fiscal year to which such financial statements relate and (ii) a certificate of an Authorized Officer of the Borrower setting forth the
information required pursuant to Section 1(a) of the Perfection Certificate or confirming that there has been no change in such information since the
Original Closing Date or the date of the most recent certificate delivered pursuant to this clause (c)(ii), as the case may be.
(e) Notice of Default or Litigation. Promptly after an Authorized Officer of the Borrower or any of the Subsidiaries obtains knowledge thereof,
notice of (i) the occurrence of any event that constitutes a Default or Event of Default, which notice shall specify the nature thereof, the period of
existence thereof and what action the Borrower proposes to take with respect thereto and (ii) any litigation or governmental proceeding pending against
the Borrower or any of the Subsidiaries that could reasonably be expected to be determined adversely and, if so determined, to result in a Material
Adverse Effect.
(f) Environmental Matters. Promptly after obtaining knowledge of any one or more of the following environmental matters, unless such
environmental matters would not, individually or when aggregated with all other such matters, be reasonably expected to result in a Material Adverse
Effect, notice of:
(i) any pending or threatened Environmental Claim against any Credit Party or any Real Estate;
(ii) any condition or occurrence on any Real Estate that (x) could reasonably be expected to result in noncompliance by any Credit Party
with any applicable Environmental Law or (y) could reasonably be anticipated to form the basis of an Environmental Claim against any Credit
Party or any Real Estate;
(iii) any condition or occurrence on any Real Estate that could reasonably be anticipated to cause such Real Estate to be subject to any
restrictions on the ownership, occupancy, use or transferability of such Real Estate under any Environmental Law; and
(iv) the conduct of any investigation, or any removal, remedial or other corrective action in response to the actual or alleged presence,
release or threatened release of any Hazardous Material on, at, under or from any Real Estate.
All such notices shall describe in reasonable detail the nature of the claim, investigation, condition, occurrence or removal or remedial action and the
response thereto. The term "Real Estate" shall mean land, buildings and improvements owned or leased by any Credit Party, but excluding all
operating fixtures and equipment, whether or not incorporated into improvements.
(g) Other Information. Promptly upon filing thereof, copies of any filings (including on Form 10-K, 10-Q or 8-K) or registration statements with,
and reports to, the SEC or any analogous Governmental Authority in any relevant jurisdiction by the Borrower or any of the Subsidiaries (other than
amendments to any registration statement (to the extent such registration statement, in the form it becomes effective, is delivered to the Administrative
Agent), exhibits to any registration statement and, if applicable, any registration statements on Form S-8) and copies of all financial statements, proxy
statements, notices and reports that the Borrower or any of the Subsidiaries shall send to the holders of any publicly issued debt of the Borrower and/or
any of the Subsidiaries (including the Notes (whether publicly issued or not)), in their capacity as such holders, lenders or agents (in each case to the
extent not theretofore delivered to the Administrative Agent pursuant to this Agreement) and, with reasonable promptness, such other information
(financial or otherwise) as the Administrative Agent on its own behalf or on behalf of any Lender (acting through the Administrative Agent) may
reasonably request in writing from time to time.
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