Common use of Operating Reports Clause in Contracts

Operating Reports. Deliver to the Administrative Agent, as soon as available, but in any event no later than twenty (20) days after the end of each calendar month occurring after the Economic Completion Date, in form and substance similar to the corresponding items delivered under the Senior Credit Agreement (or, following the Discharge Date, in form and substance reasonably satisfactory to the Administrative Agent), a summary of operations for each such calendar month and a summary of the calendar year‑to‑date operations, in each case including comparisons to the Development Plan and any then‑applicable Annual Budget and Operating Plan, as appropriate, including information in reasonable detail concerning: (i) Mine production during such month, (ii) Hedge Agreements in effect during such month and any deliveries or payments made thereunder, (iii) any adjustments made to any pricing formula or component thereof in any Hedge Agreement during such month, (iv) the Borrower’s inventory of Refined Gold and other Saleable Product at the end of such month, (v) Project Revenues generated during such month, (vi) Operating Costs during such month, (vii) any Capital Expenditures during such month, (viii) the Borrower’s most recent cash planning forecast by month covering at least the next six (6) months, (ix) any material developments during such month in Mine operations which have had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, (x) a description of compliance and noncompliance with Project Approvals and Agreement Approvals, (xi) without duplication of any of the foregoing, a description of any material defects or material malfunctions at the Mine and factors affecting actual or expected Operating Costs and Project Revenues, (xii) any material deviation in the production of Saleable Product from projections for such month contained in the Financial Model, (xiii) estimates of Operating Costs and Capital Expenditures for the remainder of the Fiscal Year and an explanation of any material variation from the Operating Costs and Capital Expenditures contained in the Annual Budget and Operating Plan and (xiv) the managerial (including staffing, safety and environmental) performance of the Project during such month.

Operating Reports. Deliver to the Administrative AgentLender, as soon as available, but in any event no later than twenty fifteen (2015) days after the end of each calendar month occurring after the Economic Completion Date, in form and substance similar to first 5,000 tons of ore have been placed on the corresponding items delivered under the Senior Credit Agreement (or, following the Discharge Date, in form and substance reasonably satisfactory to the Administrative Agent)Project's l▇▇▇▇ pad, a summary of operations for each such calendar month and a summary of the calendar year‑to‑date year-to-date operations, in each case including comparisons to the Development Plan and any then‑applicable Annual Operating Budget and Operating Plan, as appropriatethe Financial Model, including information in reasonable detail concerning: (iA) Mine production during such calendar month, (iiB) Hedge Agreements in effect during such calendar month and any deliveries or payments made thereunder, (iiiC) any adjustments made to any pricing formula or component thereof in any Hedge Agreement during such monthfiscal quarter, (D) the Borrowers' inventory of Gold (i) on the l▇▇▇▇ pads, (ii) in solution, (iii) in the adsorption-desorption-recovery plant or (iv) the Borrower’s inventory of Refined Gold and other Saleable Product in dore, in each case at the end of such calendar month, (vE) the Ounces of Gold shipped from the Mine during such calendar month, (F) Project Revenues generated received during such calendar month, (viG) Operating Costs paid during such calendar month, (viiH) any Capital Expenditures paid during such calendar month, (viiiI) the Borrower’s Borrowers' most recent cash planning forecast by month covering at least the next six (6) months, (ixJ) any material developments that occurred during such calendar month in Mine operations which have had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, (xK) a description of compliance and any material noncompliance with Project Approvals and Agreement ApprovalsApprovals or the Environmental Management Plan, and (xiL) without duplication of any of the foregoing, a description of any material defects or material malfunctions at the Mine and factors affecting that have had, or could reasonably be expected to have, either individually or in the aggregate, a material adverse effect on actual or expected Operating Costs and Project Revenues, (xii) any material deviation in the production of Saleable Product from projections for such month contained in the Financial Model, (xiii) estimates of Operating Costs and Capital Expenditures for the remainder of the Fiscal Year and an explanation of any material variation from the Operating Costs and Capital Expenditures contained in the Annual Budget and Operating Plan and (xiv) the managerial (including staffing, safety and environmental) performance of the Project during such monthRevenues or on Mining Reserves.

Operating Reports. Deliver to the Administrative Agent and the Technical Agent, as soon as available, but in any event no later than twenty (20) days after the end of each calendar month occurring after the Economic Completion Date, in form and substance similar to the corresponding items delivered under the Senior Credit Agreement (or, following the Discharge Date, in form and substance reasonably satisfactory to the Administrative Independent Engineer and the Technical Agent), a summary of operations for each such calendar month and a summary of the calendar year‑to‑date operations, in each case including comparisons to the Development Plan and any then‑applicable Annual Budget and Operating Plan, as appropriate, including information in reasonable detail concerning: (i) Mine production during such month, (ii) Hedge Agreements in effect during such month and any deliveries or payments made thereunder, (iii) any adjustments made to any pricing formula or component thereof in any Hedge Agreement during such month, (iv) the Borrower’s inventory of Refined Gold and other Saleable Product at the end of such month, (v) Project Revenues generated during such month, (vi) Operating Costs during such month, (vii) any Capital Expenditures during such month, (viii) the Borrower’s most recent cash planning forecast by month covering at least the next six (6) months, (ix) any material developments during such month in Mine operations which have had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, (x) a description of compliance and noncompliance with Project Approvals and Agreement Approvals, (xi) without duplication of any of the foregoing, a description of any material defects or material malfunctions at the Mine and factors affecting actual or expected Operating Costs and Project Revenues, (xii) any material deviation in the production of Saleable Product from projections for such month contained in the Financial Model, (xiii) estimates of Operating Costs and Capital Expenditures for the remainder of the Fiscal Year and an explanation of any material variation from the Operating Costs and Capital Expenditures contained in the Annual Budget and Operating Plan and (xiv) the managerial (including staffing, safety and environmental) performance of the Project during such month.

Operating Reports. Deliver to the Administrative Agent, as As soon as available, practicable but in any event no later than twenty sixty (2060) days after the end close of each calendar month occurring after quarterly period of its fiscal year, a quarterly summary operating report substantially in the Economic Completion Date, in form and substance similar to the corresponding items delivered under the Senior Credit Agreement (or, following the Discharge Date, in form and substance reasonably satisfactory to the Administrative Agentattached hereto as Schedule 7.1(k), a summary of operations for each such calendar month and a summary of the calendar year‑to‑date operations, in each case including comparisons to the Development Plan and any then‑applicable Annual Budget and Operating Plan, as appropriate, including information in reasonable detail concerningwhich shall include: (i) Mine a quarterly and year-to-date numerical and narrative assessment of (A) the Project’s electrical production during such monthand delivery, (iiB) Hedge Agreements the actual O&M Costs and Emergency Payments incurred by the Company in effect during the relevant period (including a description of any material discrepancies of such month O&M Costs by comparison with the Annual Operating Plan), (C) the Project’s compliance with each material category in the Annual Operating Plan, (D) cash receipts and disbursements and cash balances, including any distributions permitted under this Agreement, debt service payments and balances in the Collateral Accounts, including without limitation an accounting of all payments made pursuant to Section 2.01(h) of the Collateral Agency Agreement for the preceding quarter, (E) actual average wind speed, the capacity factor, direction data, Directed Curtailment (as defined under the O&M Agreement) and other information provided to the Company as set forth in Section 5.42.2 of the O&M Agreement, (F) the Project’s availability and unscheduled maintenance performed with respect to the WTGs and any deliveries or payments made thereunderother portion of the Project, (iiiG) any adjustments made to any pricing formula or component thereof replacement of equipment not contemplated by the then current Annual Operating Plan of value in any Hedge Agreement during such monthexcess of $150,000, (ivI) material disputes with contractors, materialmen, suppliers or others and any related material claims against the Borrower’s inventory of Refined Gold and other Saleable Product at the end of such month, (v) Project Revenues generated during such month, (vi) Operating Costs during such month, (vii) any Capital Expenditures during such month, (viii) the Borrower’s most recent cash planning forecast by month covering at least the next six (6) months, (ix) any material developments during such month in Mine operations which have had Company or could reasonably be expected to have, Guarantor either individually or in the aggregateaggregate equal to or greater than $150,000, a Material Adverse Effect, and (xJ) information pertaining to the calculation of the “Mechanical Availability Percentage” (as defined in the Power Purchase Agreements) for the prior “Period” (as defined in the Power Purchase Agreements); (ii) a description comparison of compliance and noncompliance with Project Approvals and Agreement Approvals, (xi) without duplication of any of the foregoing, a description of any material defects or material malfunctions at the Mine and factors affecting actual or expected Operating Costs and Project Revenues, (xii) any material deviation in the production of Saleable Product from projections for such month contained in the Financial Model, (xiii) estimates of Operating Costs and Capital Expenditures for the remainder of the Fiscal Year and an explanation of any material variation from the Operating Costs and Capital Expenditures contained year-to-date figures to corresponding figures provided in the Annual Budget and Operating Plan Plan, (iii) notice of any forced outage with respect to the Project lasting for more than (A) one hundred twenty (120) consecutive hours with respect to any WTG and (xivB) seventy-two (72) consecutive hours with respect to a transmission line outage or a substation outage, (iv) information with respect to any materialman’s, mechanic’s or other like Lien that has been recorded against the managerial Company or the Site other than a Permitted Lien and (including staffingv) information relating to any adjustments to Energy Payment Rate and REC Payment Rate (each as defined in the Power Purchase Agreements), safety and environmentalother than fluctuations to such rates due to negative Locational Margin Price (as defined in the Power Purchase Agreements) performance adjustments of the Project during such monthless than 10%.