Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender. (e) Not change the Borrower's fiscal year.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's financial transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its the results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and and, after written notice from the Lender, instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal yearyear without providing the Lender with at least Sixty (60) days prior written notice.
Appears in 1 contract
Maintain Records. The Borrower shall:: ----------------
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
Appears in 1 contract
Sources: Loan and Security Agreement (Number Nine Visual Technology Corp)
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 5: or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender. The Borrower's present accountants (Stone Carlie and Company, of St. Louis, Missouri) are presently sat▇▇▇▇▇▇▇▇▇ ▇▇ the Lender.
(e) Not change the Borrower's fiscal year.
Appears in 1 contract
Sources: Loan and Security Agreement (Bakers Footwear Group Inc)
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep substantially accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
(f) Not change the Borrower's taxpayer identification number.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's financial transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 4 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its the results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender Agent and instruct such accountants to fully cooperate with, and be available to, the Agent and each Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Agent or that Lender.
(e) Not change the Borrower's fiscal year.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender. The Lender acknowledges that ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & Co., CPA's, are acceptable independent certified public accountants.
(e) Not change the Borrower's fiscal year.
(f) Not change the Borrower's taxpayer identification number.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
(f) Not change the Borrower's taxpayer identification number.
Appears in 1 contract
Sources: Loan and Security Agreement (Big Entertainment Inc)
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's financial transactions, all in accordance with GAAP (to the extent applicable) applied consistently consistent with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its the results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactionstransactions after the date of the consummation of the Acquisition, all in accordance with GAAP (to the extent applicable) GAAP, applied consistently with all prior periods arising after the consummation of the Acquisition, to fairly reflect reflect, in all material respects, the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (The Agent hereby acknowledges that the records maintained prior to the Acquisition may not have been maintained by the Seller in accordance with GAAP).
(b) Timely provide the Lender Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP (but for the absence of footnotes and year end adjustments), applied consistently with all prior periods arising after the consummation of the Acquisition, to fairly reflect reflect, in all material respects, the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate (in all material respects) and current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender Agent and instruct such accountants to fully cooperate with, and be available to, the Agent and each Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Agent or that Lender.
(e) Not change the Borrower's fiscal yearyear for book accounting purposes.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and 50 describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
(f) Not change the Borrower's taxpayer identification number.
Appears in 1 contract
Sources: Term Loan and Security Agreement (Sun Television & Appliances Inc)
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's ’s financial transactions, all in accordance with GAAP (to the extent applicable) applied consistently consistent with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwiseotherwise in this Agreement, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its the results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's ’s financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised reasonably requested by the Lender.
(e) Not change the Borrower's fiscal ’s Fiscal year.
Appears in 1 contract
Maintain Records. The Borrower Borrowers shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's Borrowers’ financial transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its the results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's Borrowers’ financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the any Borrower's ’s fiscal year.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate accurate: entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
(f) Not change the Borrower's taxpayer identification number.
Appears in 1 contract
Sources: Loan Agreement (Crown Books Corp)
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
Appears in 1 contract
Maintain Records. The Borrower shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's ’s transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 — or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's ’s financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender. The Borrower’s present accountants (Ernst & Young LLP) are presently satisfactory to the Lender.
(e) Not change the Borrower's ’s fiscal year.
Appears in 1 contract
Sources: Loan and Security Agreement (Bakers Footwear Group Inc)
Maintain Records. The Borrower Borrowers shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's Borrowers’ transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's Borrowers’ financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender. The Lender acknowledges that Ernst & Young, LLP, are acceptable independent certified public accountants.
(e) Not change the Borrower's Borrowers’ fiscal year.
(f) Not change taxpayer identification number of the Borrowers.
Appears in 1 contract
Maintain Records. The Borrower shall:: ----------------
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, ; and its results of operations for, the periods in question.
(b) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(e) Not change the Borrower's fiscal year.
(f) Not change the Borrower's taxpayer identification number.
Appears in 1 contract
Sources: Loan and Security Agreement (Sunbelt Nursery Group Inc)
Maintain Records. The Borrower Borrowers shall:
(ai) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's Borrowers' financial transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the Consolidated financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question.
(bii) Timely provide the Lender with those financial reports, statements, and schedules required by this Article 5 6 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the Consolidated financial condition of the Borrower Borrowers at the close of, and its the results of operations for, the period(s) covered therein.
(ciii) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(div) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss the Borrower's Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Lender.
(ev) Not change the any Borrower's fiscal year.
Appears in 1 contract
Sources: Loan Agreement (Natural Wonders Inc)
Maintain Records. The Borrower Borrowers shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's Borrowers' transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question.
(b) Timely provide the Lender Administrative Agent with those financial reports, statements, and schedules required by this Article 5 6: or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender Administrative Agent and instruct such accountants to fully cooperate with, and be available to, the Lender Administrative Agent to discuss the Borrower's Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the LenderAdministrative Agent. Unless an Event of Default has occurred (in which event the following limit shall not be applicable), the Administrative Agent shall not exercise its rights under this Section 6:6-1(d) more than three times in a 12 month period.
(e) Not change the Borrower's Borrowers' fiscal year.
(f) Not change the Borrowers' taxpayer identification number or state of incorporation other than in consequence of a merger permitted by Section 5:5-19(d).
Appears in 1 contract
Maintain Records. The Borrower Borrowers shall:
(a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower's Borrowers' transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its their results of operations for, the periods in question.
(b) Timely provide the Lender Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect the financial condition of the Borrower Borrowers at the close of, and its their results of operations for, the period(s) covered therein.
(c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof.
(d) At all times, retain independent certified public accountants who are reasonably satisfactory to the Lender of nationally recognized standing and instruct such accountants to fully cooperate with, and be available to, the Agent and each Lender to discuss the Borrower's Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants, as may be raised by the Agent or that Lender.
(e) Not change the Borrower's fiscal yeartheir respective Fiscal Year or taxpayer identification number.
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Sources: Loan and Security Agreement (Sports Authority Inc /De/)