Common use of Additional Financial Information Clause in Contracts

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 6, the Lead Borrower promptly shall provide the Agent with such other and additional information concerning the Loan Parties, the Collateral, the operation of the Loan Parties' business, and the Loan Parties' financial condition, including original counterparts of financial reports and statements, as any Agent may from time to time reasonably request from the Lead Borrower. (b) The Lead Borrower shall, upon the Administrative Agent's request, provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agent. (c) In all events, the Lead Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan Parties' fiscal years, shall provide the Administrative Agent with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated and each prepared in conformity with GAAP and consistent with the Loan Parties' then current accounting practices. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Board of Directors, shall be provided to the Administrative Agent. The Annual Budget shall be subject to the approval of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for such fiscal year.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 6VII, the Lead Borrower Loan Parties promptly shall provide the Agent with such other and additional information concerning the Loan Parties, the Collateral, the operation of the Loan Parties' business, and the Loan Parties' financial condition, including original counterparts of financial reports and statements, as any the Agent may from time to time reasonably request from the Lead Borrower. (b) The Lead Parent and the Borrower shall, upon the Administrative Agent's request, provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agent. (c) In all events, the Lead Parent and the Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan Parties' fiscal years, shall provide the Administrative Agent with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated consolidated (with consolidating schedules by Division) and each prepared in conformity with GAAP and consistent with the Loan Parties' then current accounting practices. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Parent's Board of Directors, shall be provided to the Administrative Agent. The Annual Budget shall be subject to the approval of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for such fiscal year.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 6, the Lead Borrower promptly shall provide the Agent with such other and additional information concerning the Loan Parties, the Collateral, the operation of the Loan Parties' business, and the Loan Parties' financial condition, including original counterparts of financial reports and statements, as any the Agent may from time to time reasonably request from the Lead Borrower. (b) The Lead Borrower shall, upon the Administrative Agent's request, provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agent. (c) In all events, the Lead Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan Parties' fiscal years, shall provide the Administrative Agent with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated (with consolidating schedules by Division) and each prepared in conformity with GAAP and consistent with the Loan Parties' then current accounting practices. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Board of Directors, shall be provided to the Administrative Agent. The Annual Budget shall be subject to the approval of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for such fiscal year.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 6V, the Lead Borrower promptly shall provide the Agent with (and any guarantor of the Liabilities), such other and additional information concerning the Loan PartiesObligors, the Collateral, the operation of the Loan Parties' Obligors’ business, and the Loan Parties' Obligors’ financial condition, including original counterparts of financial reports and statementsstatements (including supporting schedules), as any the Agent may from time to time reasonably request from the Lead Borrower. (b) The Lead Borrower shall, upon the Administrative Agent's request, may provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' Obligors’ anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agentresults. (c) In all events, the The Lead BorrowerBorrower shall, no sooner than ninety (90) nor later than sixty Thirty (6030) days prior to the end of each of the Loan Parties' Borrowers’ fiscal years, shall provide furnish the Administrative Agent with an a draft updated and extended forecast (which forecast shall be proposed by the Lead Borrower to become the Business Plan as provided in clause (5.11(d) below) which shall go out at least through the end of the then next fiscal year and shall include a Consolidated income statement, balance sheet, and statement of cash flow, by month, as well as components of the Borrowing Base and shall include assumptions as are reasonably satisfactory to the Agent, each prepared in conformity with GAAP and consistent with the Borrowers’ then current practices, and the Lead Borrower shall, no later than Sixty (60) days after the end of each of the Borrowers’ fiscal years, furnish the Agent with a final updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operationsConsolidated income statement, balance sheet, and statement of cash flow, by month, each Consolidated as well as components of the Borrowing Base and shall include assumptions as are reasonably satisfactory to the Agent, each prepared in conformity with GAAP and consistent with the Loan Parties' Borrowers’ then current accounting practices,. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Board of Directors, shall be provided to the The Administrative Agent. The Annual Budget shall be subject to , following the approval receipt of the Administrative Agent (whose approval any of such forecast, may, but shall not be unreasonably withheld) only if the Annual Budget varies under any obligation to, accept in a material way from writing such forecast (in which event, such forecast shall become the Business Plan for such fiscal yearPlan).

Additional Financial Information. (ai) In addition to all other information required to be provided pursuant to this Article 6, the Lead Borrower promptly shall provide the Agent Lender (and any guarantor of the Liabilities), with such other and additional information concerning the Loan PartiesBorrowers, the Collateral, the operation of the Loan PartiesBorrowers' business, and the Loan PartiesBorrowers' financial condition, including original counterparts of financial reports and statements, as any Agent the Lender may from time to time reasonably request from the Lead Borrower. (bii) The Lead Borrower shall, upon the Administrative Agent's request, MAY provide the Administrative AgentLender, from time to time hereafter, with updated forecasts of the Loan PartiesBorrowers' anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agentresults. (ciii) In all events, the Lead Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan PartiesBorrowers' fiscal years, shall SHALL provide the Administrative Agent Lender with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement projection of operationsAvailability and an income statement, balance sheet, and statement of cash flow, by month, each Consolidated (with consolidating schedules) and each prepared in conformity with GAAP and consistent with the Loan PartiesBorrowers' then current accounting practices. (div) When available Each Borrower recognizes that all appraisals, inventories, analysis, financial information, and other materials which the "Annual Budget"Lender may obtain, as approved by the Lead Borrowers' Board of Directorsdevelop, shall be provided or receive with respect to the Administrative Agent. The Annual Budget shall be subject Borrowers are confidential to the approval Lender and that, except as otherwise provided herein, no Borrower is entitled to receipt of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for any of such fiscal yearappraisals, inventories, analysis, financial information, and other materials, nor copies or extracts thereof or therefrom.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 65, the Lead Borrower promptly shall provide the Agent with such other and additional information concerning the Loan Parties, the Collateral, the operation of the Loan Parties' business, and the Loan Parties' financial condition, including original counterparts of financial reports and statements, as any Agent may from time to time reasonably request from the Lead Borrower. (b) The Lead Borrower shall, upon the Administrative Agent's request, provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agent. (c) In all events, the Lead Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan Parties' fiscal years, shall provide the Administrative Agent with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated (with consolidating schedules by Division) and each prepared in conformity with GAAP and consistent with the Loan Parties' then current accounting practices. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Board of Directors, shall be provided to the Administrative Agent. The Annual Budget shall be subject to the approval of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for such fiscal year.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 69, the Lead Borrower promptly shall provide the Agent Lender (and any guarantor of the Liabilities), with such other and additional information concerning the Loan PartiesBorrower, the Collateral, the operation of the Loan Parties' Borrower's business, and the Loan Parties' Borrower's financial condition, including original counterparts of financial reports and statements, as any Agent the Lender may from time to time reasonably request from the Lead Borrower. (b) The Lead Borrower shall, upon the Administrative Agent's request, may provide the Administrative AgentLender, from time to time hereafter, with updated forecasts projections of the Loan Parties' Borrower's anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agentresults. (c) In all events, the Lead Borrower, no sooner than ninety Ninety (90) nor later than sixty Thirty (6030) days prior to the end of each of the Loan Parties' Borrower's fiscal years, shall provide furnish the Administrative Agent Lender with an updated and extended forecast projection which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated and each prepared in conformity with GAAP and consistent with the Loan Parties' then current accounting practicesyear. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Board of Directors, Such updated and extended projections shall be provided prepared pursuant to a methodology and shall include such assumptions as are satisfactory to the Administrative Agent. Lender. (e) The Annual Budget shall be subject to Lender, following the approval receipt of the Administrative Agent (whose approval any of such projections, may but shall not be unreasonably withheld) only if the Annual Budget varies under any obligation to, provide its written sign-off on such projections (in a material way from which event, such projections shall become the Business Plan for Plan) and if it provides such fiscal yearwritten sign-off, may, but shall be under no obligation to, revise the financial performance covenants included on EXHIBIT 9-12, annexed hereto.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 6, the Lead Borrower promptly shall provide the Agent with such other and additional information concerning the Loan Parties, the Collateral, the operation of the Loan Parties' ’ business, and the Loan Parties' ’ financial condition, including original counterparts of financial reports and statements, as the Agent or any Agent Revolving Credit Lender may from time to time reasonably request from the Lead Borrower. (b) The Lead Borrower shall, upon the Administrative Agent's ’s request, provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' ’ anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agent. (c) In all events, the Lead Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan Parties' ’ fiscal yearsyear, shall provide the Administrative Agent with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated and each prepared in conformity with GAAP and consistent with the Loan Parties' ’ then current accounting practices. (d) When available the "“Annual Budget"”, as approved by the Lead Borrowers' Borrower’s Board of Directors, shall be provided to the Administrative Agent. The Annual Budget shall be subject to the approval of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for such fiscal year. (e) Each Loan Party recognizes that all commercial finance examinations, inventories, analysis, financial information, and other materials which the Agent may obtain, develop, or receive with respect to the Loan Parties (other than appraisals and inventories received from third parties) are confidential to the Agent and that, except as otherwise provided herein, no Loan Party is entitled to receipt of any of such commercial finance examinations, inventories, analysis, financial information, and other materials, nor copies or extracts thereof or therefrom.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 6VII, the Lead Borrower promptly shall provide the Agent with such other and additional information concerning the Loan Parties, the Collateral, the operation of the Loan Parties' business, and the Loan Parties' financial condition, including original counterparts of financial reports and statements, as any the Agent may from time to time reasonably request from the Lead Borrower. (b) The Lead Borrower shall, upon the Administrative Agent's request, provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agent. (c) In all events, the Lead Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan Parties' fiscal years, shall provide the Administrative Agent with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated consolidated (with consolidating schedules by Division) and each prepared in conformity with GAAP and consistent with the Loan Parties' then current accounting practices. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Borrower's Board of Directors, shall be provided to the Administrative Agent. The Annual Budget shall be subject to the approval of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for such fiscal year.

Additional Financial Information. (a) In addition to all other information required to be provided pursuant to this Article 6VII, the Lead Administrative Borrower promptly shall provide the Agent with such other and additional information concerning the Loan Parties, the Collateral, the operation of the Loan Parties' business, and the Loan Parties' financial condition, including original counterparts of financial reports and statements, as any the Agent may from time to time reasonably request from the Lead Administrative Borrower. (b) The Lead Administrative Borrower shall, upon the Administrative Agent's request, provide the Administrative Agent, from time to time hereafter, with updated forecasts of the Loan Parties' anticipated performance and operating results for the current fiscal year. Such forecasts shall be in a format consistent with the format previously provided to the Administrative Agent. (c) In all events, the Lead Administrative Borrower, no sooner than ninety (90) nor later than sixty (60) days prior to the end of each of the Loan Parties' fiscal years, shall provide the Administrative Agent with an updated and extended forecast which shall go out at least through the end of the then next fiscal year and shall include a statement of operations, balance sheet, and statement of cash flow, by month, each Consolidated consolidated (with consolidating schedules by Division) and each prepared in conformity with GAAP and consistent with the Loan Parties' then current accounting practices. (d) When available the "Annual Budget", as approved by the Lead Borrowers' Administrative Borrower's Board of Directors, shall be provided to the Administrative Agent. The Annual Budget shall be subject to the approval of the Administrative Agent (whose approval shall not be unreasonably withheld) only if the Annual Budget varies in a material way from the Business Plan for such fiscal year.