(D) Annual Budgets. As soon as available, but in no event more than 90 days after
the beginning of each fiscal year of the Company, an annual budget and forecast of operations and capital
expenditures for the Company for such year, which budget must be in form and content reasonably
acceptable to CoBank.
(E) Notice of Litigation, Material Matters, Ete. Promptly after becoming aware
thereof, notice of (1} the commencement of any action, suit or proceeding before any court,
govemmental instrumentality, arbitrator, mediator or the like which, if adversely decided, could have a
Material Adverse Effect, (2) the commencement of any Enforcement Action; (3) the receipt of any
notice, indictment, pleading, or other communication alleging a condition that may require the Company
to undertake or to contribute to a clean-up or other response under any environmental Law, or which
seeks penalties, damages, injunctive relief, or other relief as 2 result of an alleged violation of any such
Law, or which claims personal injury or property damage as a result of environmental factors or
conditions; and (4) the occurrence of any other event or matter (including the rendering of any order,
judgment, ruling and the like) which could have a Materia! Adverse Effect.
(F) Notice of Default. Promptly after becoming aware thereof, notice of the
occurrence of a Default or an Event of Default.
(G) Notice of Certain Events. At least 60 days prior thereto notice of any change in
the: (1) principal place of business of the Company; or (2) the office where the records concerning the
Company’s accounts are kept.
(H) Other Notices. Such other notices as may be required by any Promissory Note
and Supplement or any other Loan Document.
qd) Other Information. Such other information regarding the condition or
operations, financial or otherwise, of the Company as CoBank may from time to time reasonably request,
including, but not limited to, budgets, interim financial statements, and copies of all pleadings, notices
and communications referred to in Section 5.06(E) hereof.
SECTION 5.07. Conduct of Business. Engage in an efficient and economical manner in the
business conducted by it on the date hereof.
SECTION 5.08. Capital. Acquire equity in CoBank in such amounts and at such times as
CoBank may from time to time require in accordance with its bylaws and capita! plan (as each may be
amended from time to time), except that the maximum amount of equity that the Company may be
required to purchase in connection with a loan may not exceed the maximum amount permitted by
CoBank’s bylaws at the time the Promissory Note and Supplement relating to such loan is entered into or
such loan is renewed or refinanced by CoBank. The rights and obligations of the parties with respect to
such equity and any patronage or other distributions made by CoBank shall be governed by CoBank’s
bylaws and capital plan (as each may be amended from time to time).
SECTION 5.09. Inspection. Permit CoBank or its agents, upon reasonable notice and during
normal business hours or at such other times as the parties may agree, to examine the properties, books
and records of the Company, and to discuss its affairs, finances and accounts with its officers, directors,
and independent certified public accountants.
