Sunoco 2013 Annual Report Download - page 223

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(d) If for any Fiscal Quarter, Consolidated Funded Indebtedness used by the Borrower
to determine compliance with Section 7.10 excludes Excluded Inventory Indebtedness, then together
with the Compliance Certificate required pursuant to subsection (c) above for such Fiscal Quarter,
the MLP will furnish a report describing the Petroleum Products inventory financed with such
Excluded Inventory Indebtedness, identified by location, type of Petroleum Product, volume and
hedged price, certified in the Compliance Certificate as true and correct in all material respects.
(e) Promptly upon their becoming available, one copy of (i) each financial statement,
report, notice or proxy statement sent by the MLP, the Borrower or any Subsidiary to public securities
holders generally, and (ii) each regular or periodic report, each registration statement (without
exhibits except as expressly requested by such Lender), and each prospectus and all amendments
thereto filed by the MLP, the Borrower or any Subsidiary with the Commission and of all press
releases and other statements made available generally by the MLP, the Borrower or any of their
respective Subsidiaries to the public concerning material developments; provided that the MLP and
the Borrower shall be deemed to have furnished the information specified in this clause (c) above
on the date that such information is posted at the MLP’s website on the Internet or at such other
website as notified to the Lenders.
6.02 Other Information and Inspections. The MLP and the Borrower will furnish to
the Administrative Agent any information which the Administrative Agent, at the request of any
Lender, may from time to time reasonably request concerning any representation, warranty,
covenant, provision or condition of the Loan Documents or any matter in connection with businesses
and operations of the MLP, the Borrower or any of their respective subsidiaries. The MLP and the
Borrower will permit representatives appointed by the Administrative Agent (including independent
accountants, auditors, agents, attorneys, appraisers and any other Persons) to visit and inspect during
normal business hours (which right to visit and inspect shall be limited to once during any Fiscal
Year unless a Default has occurred and is continuing) any of the MLP’s or the Borrower’s property,
including their books of account, other books and records, and any facilities or other business assets,
and to make extra copies therefrom and photocopies and photographs thereof, and to write down
and record any information such representatives obtain, and the MLP and the Borrower shall permit
the Administrative Agent or its representatives to investigate and verify the accuracy of the
information furnished to the Administrative Agent or any Lender in connection with the Loan
Documents and to discuss all such matters with its officers, employees and, upon prior notice to
the Borrower and the MLP.
Each of the MLP and the Borrower hereby acknowledges that (a) the Administrative Agent
and/or the Arranger will make available to the Lenders and the LC Issuers materials and/or
information provided by or on behalf of the Borrower and the MLP hereunder (collectively,
"Borrower Materials") by posting the Borrower Materials on DebtDomain or another similar
electronic system (the "Platform") and (b) certain of the Lenders (each, a "Public Lender") may
have personnel who do not wish to receive material non-public information with respect to the MLP,
the Borrower or their Affiliates, or the respective securities of any of the foregoing, and who may
be engaged in investment and other market-related activities with respect to such Persons’ securities.
The Borrower hereby agrees to use commercially reasonable efforts to identify that portion of the