Mergers and Acquisitions For Dummies (113 page)

Debt and financings

Schedule and copies of all promissory notes, bonds (including industrial development revenue bonds), commercial paper, loan/credit agreements, indentures, and other agreements or instruments relating to the short-term and long-term borrowing of money involving the company and existing at any time during the reporting period.

Schedule and copies of any guaranties, repurchase obligations, and other arrangements whereby the credit of the company is obligated for the indebtedness of a person (including one of the company) and subordination and inter-creditor agreements involving the company.

Schedule and copies of all security agreements, pledge agreements, mortgages, and other agreements or instruments whereby the properties or assets of the company are subject to the indebtedness of a person (including one of the company).

Schedule and copies of any letters of credit, financial surety/performance bonds or similar credit support devices outstanding for the benefit of the company and related reimbursement or indemnification agreements.

Copies of any compliance certificates, including borrowing base certificates and covenant compliance calculations, supplied to any creditor during the reporting period.

Copies of material correspondence with any creditor during the reporting period.

Schedule and details of any existing defaults under credit arrangements and any events that have occurred that, with the giving of notice or the passage of time, will become such a default.

Environmental

Copies of any environmental reviews or inspection reports relating to any of the properties owned or leased by the company during the reporting period.

Copies of any applications, statements, or reports filed or given by the company with or to the Federal Environmental Protection Agency, any state department of environmental regulations or any similar state or local regulatory body, authority, or agency.

Copies of any notices, complaints, suits, or similar documents sent to, received by, or served upon the company by the Federal Environmental Protection Agency, any state department of environmental regulations, or any similar state or local regulatory body, authority or agency.

Copies of outside reports concerning compliance with waste disposal regulations, hazardous or otherwise.

Listing of hazardous substances, including, but not limited to, asbestos, PCBs, petroleum products, herbicides, pesticides, or radioactive materials, used in the company's operations.