Common use of Basic Reporting Requirements Clause in Contracts

Basic Reporting Requirements. The Borrower shall furnish to the Agent and the Lenders upon, but only upon, the request of a Lender or the Agent: (i) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within ninety (90) days after the close of each Fiscal Year, the audited consolidated Financials of the Borrower and its Subsidiaries for such Fiscal Year, certified by the Borrower’s accountants; (ii) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Borrower and its Subsidiaries for such quarter; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; (iv) together with the quarterly and annual audited consolidated Financials, a certificate of the Borrower setting forth computations demonstrating compliance with the financial covenants set forth in Section 6.2 and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Borrower with respect thereto; (v) promptly upon Borrower obtaining knowledge of (i) the institution of, or non frivolous written threat of, any Action not previously disclosed in writing by Borrower to Lenders, or (ii) any material development in any Action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower to enable Lenders and their counsel to evaluate such matters; (vi) as soon as available but in no event later than the end of each Fiscal Year an updated financial projection for the succeeding Fiscal Year; (vii) promptly upon their becoming available, all minutes and written resolutions of the Board of Directors of the Borrower; and (viii) promptly upon their becoming available, copies of all statements, reports, releases, notices and any other information or data sent or made available generally or required to be disclosed by the Borrower to its shareholders.

Basic Reporting Requirements. The Borrower shall furnish to the Agent and the Lenders upon, but only upon, the request of a Lender or the AgentLenders: (i) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within ninety one hundred fifty (90150) days after the close of each Fiscal Year, commencing with the Fiscal Year ended December 31, 2009, the audited consolidated Financials of the Borrower and its Subsidiaries for such Fiscal Year, certified by the Borrower’s 's accountants; (ii) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within sixty forty-five (6045) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Borrower and its Subsidiaries for such quarter, certified by its chief financial officer pursuant to a Financial Officer Certification; (iii) as soon as available but in any event within thirty fifteen (3015) Business Days after the end of each fiscal month month, the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; (iv) together with the monthly, quarterly and annual audited consolidated Financials, a certificate of the Borrower setting forth computations demonstrating compliance with the financial covenants provisions set forth in Section 6.2 6.2, and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Borrower with respect thereto; (v) promptly upon Borrower obtaining knowledge of (i) the institution of, or non frivolous written threat of, any Action not previously disclosed in writing by Borrower to Lenders, or (ii) any material development in any Action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower to enable Lenders and their counsel to evaluate such matters; (vi) as soon as available but in no event later than thirty (30) days prior to the end of each Fiscal Year an updated financial projection for the succeeding Fiscal Year; (viivi) promptly upon their becoming availableon the date hereof and on every Friday following the date hereof until the Maturity Date (or, all minutes in the case of any Friday that is not a Business Day, the immediately preceding Business Day), the Borrower agrees to deliver to the Agent and written resolutions the Lenders a cash-flow budget (such budget, as amended or modified from time to time by mutual agreement between the Borrower and the Lenders, the "Budget") for, (A) in the case of the Board of Directors Budget to be delivered as of the Borrower; date hereof, the thirteen (13) week period following the date of delivery thereof, and (viii) promptly upon their becoming available, copies of all statements, reports, releases, notices and any other information or data sent or made available generally or required to be disclosed by the Borrower to its shareholders.

Basic Reporting Requirements. The Borrower shall furnish to the Agent and the Lenders upon, but only upon, the request of a Lender or the AgentLenders: (i) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within ninety (90) days after the close of each Fiscal Year, the audited consolidated Financials of the Borrower and its Subsidiaries for such Fiscal Year, certified by the Borrower’s accountants; (ii) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Borrower and its Subsidiaries for such quarter, certified by its chief financial officer pursuant to a Financial Officer Certification; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; (iv) together with the quarterly and annual audited consolidated Financials, a certificate of the Borrower setting forth computations demonstrating compliance with the financial covenants set forth in Section 6.2 6.2, and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Borrower with respect thereto; (v) promptly upon Borrower obtaining knowledge of (i) the institution of, or non frivolous written threat of, any Action not previously disclosed in writing by Borrower to Lenders, or (ii) any material development in any Action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower to enable Lenders and their counsel to evaluate such matters; (vi) as soon as available but in no event later than sixty (60) days prior to the end of each Fiscal Year an updated financial projection for the succeeding Fiscal Year; (vii) promptly upon their becoming available, all minutes and written resolutions of the Board of Directors of the Borrower; and (viiivi) promptly upon their becoming available, copies of all statements, reports, releases, notices at any time and any other information or data sent or made available generally or required from time to be disclosed by time the Borrower or any Guarantor obtains an ownership interest in any New IP Collateral (as such term is defined in the Security Agreement) it shall deliver to its shareholdersAgent a written report, in reasonable detail, setting forth the New IP Collateral.

Basic Reporting Requirements. The Borrower shall furnish to the Agent and the Lenders upon, but only upon, the request of a Lender or the AgentLenders: (i) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within ninety (90) days after the close of each Fiscal Year, the audited consolidated Financials of the Borrower and its Subsidiaries for such Fiscal Year, certified by the Borrower’s 's accountants; (ii) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Borrower and its Subsidiaries for such quarter; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; (iv) together with the quarterly and annual audited consolidated Financials, a certificate of the Borrower setting forth computations demonstrating compliance with the financial covenants set forth in Section 6.2 and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Borrower with respect thereto; (v) promptly upon Borrower obtaining knowledge of (i) the institution of, or non frivolous written threat of, any Action not previously disclosed in writing by Borrower to Lenders, or (ii) any material development in any Action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower to enable Lenders and their counsel to evaluate such matters; (vi) as soon as available but in no event later than the end of each Fiscal Year an updated financial projection for the succeeding Fiscal Year; (vii) promptly upon their becoming available, all minutes and written resolutions of the Board of Directors of the Borrower; and (viii) promptly upon their becoming available, copies of all statements, reports, releases, notices and any other information or data sent or made available generally or required to be disclosed by the Borrower to its shareholders.

Basic Reporting Requirements. The Borrower Company shall furnish to the Agent and the Lenders upon, but only upon, the request of a Lender or the AgentInvestor: (i) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within ninety (90) days after the close of each Fiscal Year, the audited consolidated Financials of the Borrower Company and its Subsidiaries for such Fiscal Year, certified by the Borrower’s Company's accountants; (ii) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Borrower Company and its Subsidiaries for such quarter; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower Company and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; (iv) together with the quarterly and annual audited consolidated Financials, a certificate of the Borrower setting forth computations demonstrating compliance with the financial covenants set forth in Section 6.2 and Company certifying that (i) no Default or Event of Default has occurred and (ii) no Accelerated Redemption Event has occurred, or if a Default any such event in subsection (i) or an Event of Default (ii) has occurred, the actions taken by the Borrower Company with respect thereto; (v) promptly upon Borrower Company obtaining knowledge of (i) the institution of, or non non-frivolous written threat of, any Action not previously disclosed in writing by Borrower Company to LendersInvestors, or (ii) any material development in any Action action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower Company to enable Lenders Investors and their counsel to evaluate such matters; (vi) as soon as available but in any event no event later than the end of each Fiscal Year an updated financial projection for the succeeding Fiscal Year; (vii) promptly upon their becoming available, all minutes and written resolutions of the Board of Directors of the Borrower; andCompany; (viii) promptly upon their becoming available, copies of all statements, reports, releases, notices and any other information or data sent or made available generally or required to be disclosed by the Borrower Company to its shareholders; and (ix) with reasonable promptness, such other information and financial data concerning the Company and its Subsidiaries as any Person entitled to receive information under this Section 2.01(a) shall request.

Basic Reporting Requirements. The Borrower Company shall furnish to the Agent and the Lenders upon, but only upon, the request of a Lender or the Agent: Holders: (i1) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within ninety one hundred twenty (90120) days after the close of each Fiscal Year, the audited consolidated Financials of the Borrower Company and its Subsidiaries for such Fiscal Year, certified by the BorrowerCompany’s accountants; (ii) if accountants and accompanied, in the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 case of such consolidated Financials of the Exchange ActCompany, by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such consolidated Financials fairly present the consolidated financial condition and results of operations of the Company and its Subsidiaries as of the end of, and for, such Fiscal Year in accordance with GAAP; (2) as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Borrower Company and its Subsidiaries for such quarter; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; ; (iv3) together with the quarterly unaudited and annual audited consolidated Financials, a certificate of the Borrower Company setting forth computations demonstrating compliance with the financial covenants set forth in Section 6.2 10.17, and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Borrower Company with respect thereto; ; (v4) promptly upon Borrower obtaining knowledge of within sixty (i60) the institution of, or non frivolous written threat of, any Action not previously disclosed in writing by Borrower to Lenders, or (ii) any material development in any Action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower to enable Lenders and their counsel to evaluate such matters; (vi) as soon as available but in no event later than days after the end of each Fiscal Year, commencing with Fiscal Year 2008, an updated financial projection for version of the succeeding Fiscal Year; projections of cash flows attached hereto as Schedule 9.1(a) which projections shall be at least as broad in scope and as detailed as the Financial Plan delivered on the Closing Date; and (vii5) promptly upon their becoming availablefollowing any request therefor, all minutes such other information regarding the operations, business affairs and written resolutions financial condition of the Board Company or any of Directors its Subsidiaries, or compliance with the terms of this Agreement and the Borrower; and (viii) promptly upon their becoming availableNote Purchase Documents, copies of all statements, reports, releases, notices and as any other information or data sent or made available generally or required to be disclosed by the Borrower to its shareholdersHolder may reasonably request.