Collateral and Other Reporting Clause Samples

Collateral and Other Reporting. Provide Administrative Agent with the following documents at the following times in form and detail satisfactory to Administrative Agent: One Business Day prior to any Borrowing of Loans (i) [Deleted]
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Collateral and Other Reporting. The Credit Parties shall timely ------------------------------ deliver to the Agent the following certificates and reports: (a) Monthly Borrowing Base Certificates. Monthly, within ten ----------------------------------- days after the last day of each month, and at any other time requested by the Agent: a borrowing base certificate for each Borrower substantially in the form of Exhibit R (the "Borrowing Base Certificate"), which shall (i) detail the --------- -------------------------- Eligible Accounts and Eligible Rental Equipment of the Borrower as of the last day of each month (or as of such other date as the Agent may request); (ii) be prepared by or under the supervision of a Financial Officer of the Borrower and certified by such officer subject only to adjustment upon completion of the normal year-end and interim audits of physical Inventory and Rental Equipment of that Borrower; and (iii) have attached thereto such additional schedules and other information as the Agent may request.
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Collateral and Other Reporting. Provide Administrative Agent with opportunities to meet (either in person or via telephone, as requested by Administrative Agent) with senior members of management of Borrowers and the following documents, at the following times in form satisfactory to Administrative Agent: (i) not later than forty five (45) days after the end of each Fiscal Month of the first Fiscal Quarter of 2019 and thirty (30) days after the end of each Fiscal Month thereafter: (A) accounts receivable listings and agings and Inventory reports for the preceding Fiscal Month; and (B) accounts payable listings and agings as at the preceding Fiscal month end; and (ii) not later than forty five (45) days after the end of each Fiscal Month of the first Fiscal Quarter of 2019 and thirty (30) days after the end of each Fiscal Month thereafter: a schedule including each new customer added in such month, each existing customer lost in such month and, as to each of such new customers and lost customers, the revenues associated with each such customer in such Fiscal Month (and in the case of a customer that has been lost, such revenues of that customer in the preceding Fiscal Month); and (iii) a breakdown of items comprising “prepaid expenses” and “accrued expenses” set forth in Loan Parties’ balance sheets; and (iv) update reports on the project implementation status and expense relative to the constructive timeline and budget delivered to Administrative Agent prior to the Effective Date with respect to the Facility located in Kentucky; and (v) such Responsible Officers of the Borrowers as requested by Administrative Agent, shall meet and cooperate with representatives of Administrative Agent, at reasonable times during normal business hours, to engage in a discussion of, and respond to Administrative Agent’s questions regarding, the Borrowers’ business, prospects, opportunities, results of operations, variances to budget and such other matters as Administrative Agent shall reasonably request. Upon request by Administrative Agent: (i) a revised budget of Loan Parties; and
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Collateral and Other Reporting. Provide Lender with the following documents at the following times in form satisfactory to Lender: Monthly (or more frequently if so requested by Lender): (i) not later than thirty (30) days after each Fiscal Month: (A) accounts receivable listings and agings and Inventory reports for the preceding Fiscal Month; and (B) accounts payable listings and agings as at the preceding Fiscal month end; and
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Collateral and Other Reporting. Provide Agent with the following documents at the following times in form satisfactory to Agent: (a) on each Business Day, a sales journal, collection journal, and credit register since the last such schedule and a calculation of the Borrowing Base as of such date, (b) on a monthly basis and, in any event, by no later than the 10th day of each month during the term of this Agreement, (i) a detailed calculation of the Borrowing Base giving account to all reserves disclosed to Borrowers by the Agent, and (ii) a detailed aging, by total, of the Borrowers' and the Canadian Subsidiary's Accounts, together with a reconciliation to the detailed calculation of the Borrowing Base previously provided to Agent, (c) on a monthly basis and, in any event, by no later than the tenth (10th) day of each month during the term of this Agreement, a summary aging, by vendor, of Borrowers' accounts payable and any book overdraft, (d) on a weekly basis, Inventory reports specifying Borrowers' and the Canadian Subsidiary's Cost of their Inventory by category, with additional detail showing additions to and deletions from their Inventory, (e) on each Business Day, notice of all returns, disputes, or claims, (f) upon request, copies of invoices in connection with the Borrowers' and the Canadian Subsidiary's Accounts, customer statements, credit memos, remittance advices and reports, deposit slips, shipping and delivery documents in connection with the Borrowers' and the Canadian Subsidiary's Accounts and for Inventory and Equipment acquired by Borrowers and the Canadian Subsidiary, purchase orders and invoices, (g) on a quarterly basis, a detailed list of Borrowers' and the Canadian Subsidiary's customers, (h) on a monthly basis, a calculation of the Dilution for the prior month; and (i) upon receipt by any Borrower or the Canadian Subsidiary, a copy of any notice of termination or expiration of any license agreement of any Borrower or the Canadian Subsidiary and a copy of any new or renewed license agreement of any Borrower or the Canadian Subsidiary, (j) upon the occurrence thereof, notice of any Default or Event of Default hereunder or under any other Loan Document, (k) upon the threat or filing thereof, notice of any material litigation, (l) upon the occurrence thereof, notice of any Material Adverse Change, (m) such other reports as to the Collateral or the financial condition of Borrowers and the Canadian Subsidiary as Agent may request from time to time. Original sales invoi...
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Collateral and Other Reporting. The Borrower shall timely deliver to the Agent the following certificates and reports: (i) MONTHLY BORROWING BASE CERTIFICATES. Monthly, within ten days after the last day of each month, and at any other time requested by the Agent: a borrowing base certificate for the Borrower and the Designated Restricted Subsidiaries substantially in the form of Exhibit A (the "BORROWING BASE CERTIFICATE"), which shall (i) detail the Eligible Accounts and the Eligible Rental Equipment, in each case, of the Borrower and the Designated Restricted Subsidiaries, as of the last day of each month (or as of such other date as the Agent may request); (ii) be prepared by or under the supervision of a Financial Officer of the Borrower and certified by such officer subject only to adjustment upon completion of the normal year-end and interim audits of physical Inventory and Rental Equipment; and (iii) have attached thereto such additional schedules and other information as the Agent may request;
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Collateral and Other Reporting. Provide Administrative Agent with the following documents at the following times in form and detail satisfactory to Administrative Agent: One Business Day prior to any Borrowing of Revolving Loans (i) a Borrowing Base Certificate, reflecting calculation of the Borrowing Base (along with any supporting documentation, including accounts receivable and accounts payable agings, calculations of ineligible accounts receivable, , and a list denoting any Accounts having credit terms greater than 60 days and specifying the credit terms for each such Account). One Business Weekly (not later than the 2nd Business Day of each week) (ii) a Borrowing Base Certificate, reflecting calculation of the Borrowing Base (along with any supporting documentation, including accounts receivable and accounts payable agings, calculations of ineligible accounts receivable, , and a list denoting any Accounts having credit terms greater than 60 days and specifying the credit terms for each such Account). (iii) reporting of sales, credit memos, and collections for such week. (iv) reporting of unrestricted cash balances for (A) Loan Parties and (B) Parent and its Subsidiaries.
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Related to Collateral and Other Reporting

  • Financial and Other Reports 6 (A) Owner/IRS Relationship. Owner is required to file all required Internal Revenue Service (IRS) 7 forms and meet all IRS requirements. Owner agrees to provide Broker with appropriate IRS forms (e.g., W-9) 8 before any funds are disbursed to Owner.

  • SEC and Other Reports promptly upon their becoming available, one copy of (i) each financial statement, report, notice or proxy statement sent by the Company or any Subsidiary to public securities holders generally, and (ii) each regular or periodic report, each registration statement (without exhibits except as expressly requested by such holder), and each prospectus and all amendments thereto filed by the Company or any Subsidiary with the Securities and Exchange Commission and of all press releases and other statements made available generally by the Company or any Subsidiary to the public concerning developments that are Material;

  • Financial and Other Information (a) As soon as practicable, and in any event no later than the earlier of (i) thirty-five (35) days prior to the date LE publicly files its first quarterly report with the SEC that includes its financial statements for such fiscal quarter (the “LE Quarterly Report”) or otherwise makes the LE Quarterly Report publicly available or (i) thirty-five (35) days before SHC is required to file with the SEC its quarterly financial statements following the Effective Time, LE shall deliver to SHC a substantially final draft of the LE Quarterly Report certified by the chief financial officer of LE as presenting fairly, in all material respects, the financial condition and results of operations of the LE Entities. Following such delivery, (x) LE and SHC shall actively consult with each other regarding any changes (whether or not substantive) which LE may consider making to the LE Quarterly Report and related disclosures prior to the filing with the SEC, with particular focus on any changes which would have any effect upon SHC’s financial statements or related disclosures and (y) LE shall deliver to SHC all material revisions to such draft as soon as any such revisions are prepared or made. (b) As soon as practicable, and in any event no later than the earlier of (i) forty-five (45) days prior to the date LE publicly files its first annual report with the SEC that includes its financial statements for the fiscal year in which the Effective Time occurs (the “LE Annual Report”) or otherwise makes the LE Annual Report publicly available or (ii) forty-five (45) days before SHC is required to file with the SEC its annual financial statements for such fiscal year, LE shall deliver to SHC the substantially final draft of the LE Annual Report certified by the chief financial officer of LE as presenting fairly, in all material respects, the financial condition and results of operations of the LE Entities. Following such delivery, (x) LE and SHC shall actively consult with each other regarding any changes (whether or not substantive) which LE may consider making to the LE Annual Report and related disclosures prior to the filing with the SEC, with particular focus on any changes which would have any effect upon SHC’s financial statements or related disclosures and (y) LE shall deliver all material revisions to such drafts as soon as any such revisions are prepared or made. (c) With respect to Public Filings by SHC, until the date on which SHC’s annual report on Form 10-K for the year in which the Effective Time occurs is filed, and with respect to Public Filings by LE, until the date on which the LE Annual Report is filed, SHC and LE shall cooperate fully, and cause their respective accountants to cooperate fully, to the extent requested by the other party, in the preparation of the other party’s public earnings releases, annual reports on Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K and other proxy, information and registration statements, reports, notices, prospectuses and filings made with the SEC or any national securities exchange or otherwise made publicly available (collectively, the “Public Filings”). SHC and LE agree to provide to each other all Information that the other party reasonably requests in connection with any Public Filings or that, in either party’s judgment, is required to be disclosed or incorporated by reference therein under any Applicable Law. Such Information shall be provided by such party in a timely manner to enable the other party to prepare, print and release all Public Filings on such dates as such party shall determine. SHC and LE shall use their reasonable best efforts to cause their respective auditors to consent to any reference to them as experts in any Public Filings required under any Applicable Law. If and to the extent requested by either party, the other party shall diligently and promptly review all drafts of such Public Filings. (d) To the extent it relates to a pre-Effective Time period, LE shall authorize its auditors to make available to SHC’s auditors both the Personnel who performed or are performing the annual audit of LE and work papers related to the annual audit of LE, in all cases within a reasonable time prior to the opinion date of SHC’s auditors, so that SHC’s auditors are able to perform the procedures they consider necessary to take responsibility for the work of LE’s auditors as it relates to SHC’s auditors’ report on SHC’s annual financial statements, all within sufficient time to enable SHC to meet its timetable for the printing, filing and public dissemination of SHC’s audited annual financial statements. (e) To the extent it relates to a pre-Effective Time period, LE shall provide SHC’s auditors and management access to Personnel and Records of the LE Entities so that SHC may conduct reasonable audits relating to the financial statements provided by LE pursuant to the provisions of this Section 6.1. (f) To the extent it relates to a pre-Effective Time period, (i) each of the parties hereto shall give the other party hereto as much prior notice as is reasonably practicable of any changes in, or proposed determination of, its accounting estimates or accounting principles from those in effect as of immediately prior to the Effective Time or of any other action with regard to its accounting estimates or accounting principles or previously reported financial results which may affect the other party’s financial results, (ii) each of the parties hereto will consult with the other and, if requested by the party contemplating such changes, with such party’s auditor and (iii) unless required by generally accepted accounting principles, Applicable Law or a Governmental Authority, LE shall not make such determination or changes which would affect SHC’s previously reported financial results without SHC’s prior written consent, which shall not be unreasonably withheld. Further, LE will give SHC prompt notice of any amendments or restatements of accounting statements with respect to pre-Effective Time period, and will provide SHC with access as provided in Article VI as promptly as possible such that SHC will be able to satisfy its financial reporting requirements. (g) Until the end of the fiscal year of SHC in which the Effective Time occurs, LE shall, and shall cause each member of its Group to, maintain a fiscal year that commences and ends on the calendar days immediately preceding the days that SHC’s fiscal year commences and ends, respectively, and to maintain monthly accounting periods that commence and end on the calendar days immediately preceding the days that SHC’s monthly accounting periods commence and end, respectively. (h) If either LE or SHC is the subject of any SEC comment, review or investigation (formal or informal) and which in any way relates to the other party or the other party’s Public Filings, such party shall provide the other party with a copy of any comment or notice of such review or investigation and shall give the other party a reasonable opportunity to be involved in responding to such comment, review or investigation, and the other party shall cooperate with such party in connection with responding to such comment, review or investigation. (i) Within ten (10) days after the end of each quarter following the Effective Time during which SHC and LE are affiliates, each of SHC and LE shall (i) provide the other party hereto with all related party Information required to be disclosed under the Applicable Law with respect to such quarter and (ii) cooperate to provide consistent disclosure with regard to such Information in any Public Filings. (j) Information provided pursuant to this Section 6.1 and Section 6.2, other than Information required to be included in the Public Filings, shall be deemed Confidential Information for purposes of this Agreement subject to the terms and conditions of Section 5.5(a). Nothing in this Section 6.1 shall require SHC or LE to violate any agreement with any of its customers, suppliers or other third parties regarding the confidentiality of Information relating to such customer, supplier or other third party or its business; provided that in the event that SHC or LE is required under this Section 6.1 to disclose any such Information, SHC or LE shall use all commercially reasonable efforts to seek to obtain such customers’, suppliers’ or other third parties’ consent to the disclosure of such Information. (k) Each party hereto agrees and acknowledges, on behalf of itself and members of its Group, that it is aware and will advise its Personnel who receive Information provided hereunder and are otherwise not aware, that (i) the Information provided hereunder may contain material nonpublic Information concerning the other party and (ii) that United States securities laws prohibit any person who has material nonpublic Information concerning a publicly traded Person from purchasing or selling securities of such Person, or from communicating such Information to any other Person under circumstances in which it is reasonably foreseeable that such Person is likely to purchase or sell such securities.

  • Financial Statements and Other Reports Company will maintain, and cause each of its Subsidiaries to maintain, a system of accounting established and administered in accordance with sound business practices to permit preparation of financial statements in conformity with GAAP. Company will deliver to Administrative Agent and Lenders: (i) Quarterly Financial: as soon as available and in any event within 45 days after the end of each Fiscal Quarter, the consolidated balance sheets of Company and its Subsidiaries as at the end of such Fiscal Quarter and the related consolidated statements of operations, changes in stockholders’ equity and cash flows of Company and its Subsidiaries for such Fiscal Quarter and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous Fiscal Year, all in reasonable detail and certified by the chief financial officer of Company that they fairly present, in all material respects, the financial condition of Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments; (ii) Year-End Financial: as soon as available and in any event within 90 days after the end of each Fiscal Year, the consolidated balance sheets of Company and its Subsidiaries as at the end of such Fiscal Year and the related consolidated statements of operations, changes in stockholders’ equity and cash flows of Company and its Subsidiaries for such Fiscal Year, setting forth in each case in comparative form the corresponding figures for the previous Fiscal Year, with a report thereon of PricewaterhouseCoopers LLP or other independent certified public accountants of recognized national standing selected by Company and satisfactory to Administrative Agent, which report shall be un-qualified, shall express no doubts about the ability of Company and its Subsidiaries to continue as a going concern, and shall state that such consolidated financial statements fairly present, in all material respects, the consolidated financial position of Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated in conformity with GAAP applied on a basis consistent with prior years (except as otherwise disclosed in such financial statements) and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards; (iii) Officer’s and Compliance Certificates: together with each delivery of the consolidated financial statements of Company and its Subsidiaries pursuant to subdivisions (i) and (ii) above, (a) an Officer’s Certificate of Company stating that the signer has reviewed the terms of this Agreement and has made, or caused to be made under his/her supervision, a review in reasonable detail of the transactions and condition of Company and its Subsidiaries during the accounting period covered by such financial statements and that such review has not disclosed the existence during or at the end of such accounting period, and that the signer does not have knowledge of the existence as at the date of such Officer’s Certificate, of any condition or event that constitutes an Event of Default or Potential Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action Company has taken, is taking and proposes to take with respect thereto; and (b) a Compliance Certificate demonstrating in reasonable detail compliance during and at the end of the applicable accounting periods with the restrictions contained in Section 7;

  • Financial and Other Statements 6.4.1. Promptly upon receipt thereof, HNC will furnish to FNFG copies of each annual, interim or special audit of the books of HNC and the HNC Subsidiaries made by its independent auditors and copies of all internal control reports submitted to HNC by such auditors in connection with each annual, interim or special audit of the books of HNC and the HNC Subsidiaries made by such auditors. 6.4.2. As soon as reasonably available, but in no event later than the date such documents are filed with the SEC, HNC will deliver to FNFG the Securities Documents filed by it with the SEC under the Securities Laws. HNC will furnish to FNFG copies of all documents, statements and reports as it or any HNC Subsidiary shall send to its shareholders, the FDIC, the FRB, the Department or any other regulatory authority, except as legally prohibited thereby. Within 25 days after the end of each month, HNC will deliver to FNFG a consolidated balance sheet and a consolidated statement of income, without related notes, for such month prepared in accordance with current financial reporting practices. 6.4.3. HNC will advise FNFG promptly of the receipt of any examination report of any Bank Regulator with respect to the condition or activities of HNC or any of the HNC Subsidiaries. 6.4.4. With reasonable promptness, HNC will furnish to FNFG such additional financial data that HNC possesses and as FNFG may reasonably request, including without limitation, detailed monthly financial statements and loan reports.