Common use of Year 2000 Compliance Clause in Contracts

Year 2000 Compliance. Each Credit Party has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the timetable. Based on the foregoing, each Credit Party believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has Obligor (i) has initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party Obligor or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) has developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party Obligor believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the timetable. Based on the foregoing, each Credit Party believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party ----------------- the Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-date- sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not ------------------- reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party of Borrower and its Restricted -------------------- Subsidiaries has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party or any of its Subsidiaries Person (or its suppliers, vendors and customers) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to to, on and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the timetable. Based on the foregoing, each Credit Party of Borrower and its Restricted Subsidiaries believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and any of its Subsidiaries' their business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has The Holding Company and the Company have (i) initiated a review and assessment of all areas within its its, each other Credit Party's and each of its SubsidiariesAffiliates' business and operations (including those affected by suppliers, vendors suppliers and customersvendors) that could be adversely affected by the "Year 2000 Problem" (that isthat, the risk that computer applications used by the Company or such Credit Party or any of its Subsidiaries other Person (or suppliers, vendors its suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on Each of the foregoing, each Credit Party Holding Company and the Company reasonably believes that all computer applications (including those of its suppliers, vendors suppliers and customersvendors) that are material to its and its, any other Credit Party's or any of its SubsidiariesAffiliates' business and operations are reasonably expected will on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.. SCHEDULE 5.22 attached hereto is complete and correct in all material aspects

Year 2000 Compliance. Each Credit Loan Party and each Loan Party's respective Subsidiaries has (i) initiated completed a review and assessment of all material areas within its and each of its Subsidiaries' business respective businesses and operations (including those affected by suppliers, vendors their respective suppliers and customersvendors) that could be adversely affected by the "Year 2000 Problem" (that iswhich term, as used herein, shall mean the risk that computer applications used by such Credit any Loan Party or any Subsidiary of its Subsidiaries such Loan Party (or suppliers, vendors their respective suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basisbasis (a "Year 2000 Plan"), and (iii) to date, implemented that plan in accordance with its terms. Each of the timetable. Based on the foregoing, Loan Parties and each Credit Party Subsidiary of such Loan Parties reasonably believes that all computer applications (including those of its suppliers, vendors suppliers and customersvendors) that are material to its and any of its Subsidiaries' business respective businesses and operations are reasonably expected on a timely basis to be able to perform currently capable of performing properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party CPV has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party CPV or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party CPV believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, is the risk that computer applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors suppliers and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, substantially implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the timetable. Based on the foregoing, the each Credit Party believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantcomplaint"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party the ----------------- Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), ------------------- except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party of the Parent and the Borrower has (i) initiated a review and assessment of all areas within its and and, with respect to the Parent, each of its Subsidiaries' business ', businesses and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by such Credit Party or any of its Subsidiaries party (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party of the Parent and the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and any of its Subsidiaries' the business and operations of the Parent and its Subsidiaries are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each The Credit Party has Parties have (i) initiated a review reviewed and assessment of assessed all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each of the Credit Party Parties believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party The Company has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Company believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could would not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business businesses and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Borrower reasonably believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business businesses and operations are reasonably expected on a timely basis by September 30, 1999 to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have Material a Materially Adverse Effect.

Year 2000 Compliance. Each Credit Party of Borrower and its Restricted Subsidiaries has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party or any of its Subsidiaries Person (or its suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to to, on and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the timetable. Based on the foregoing, each Credit Party of Borrower and its Restricted Subsidiaries believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and any of its Subsidiaries' their business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with the timetable. Based on the foregoing, each Credit Party believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have Material Adverse Effect.

Year 2000 Compliance. Each Credit Party The Borrower has (ia) initiated a review and -------------------- assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors its suppliers and customersvendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors its suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan in accordance with the that timetable. Based on the foregoing, each Credit Party The Borrower reasonably believes that all computer applications (including including, based on representations from its suppliers and vendors, those of its suppliers, vendors suppliers and customersvendors) that are material to its and or any of its Subsidiaries' business and operations are reasonably expected will on a timely basis to be able to perform properly date-date- sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not ------------------- reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. Each Credit Party has The Borrower (i) has initiated a review and assessment of all areas within its and each of its Subsidiaries' business businesses and operations (including those affected by suppliers, vendors and customers) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by such Credit Party the Borrower or any of its Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed is developing a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented will implement that plan in accordance with the that timetable. Based on the foregoing, each Credit Party the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its and or any of its Subsidiaries' business businesses and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have Material a Materially Adverse Effect.