REPORTING AND AFFIRMATIVE COVENANTS Sample Clauses
The "Reporting and Affirmative Covenants" clause requires a party, typically a borrower or service provider, to regularly provide specified information and to take certain positive actions as agreed in a contract. This may include delivering financial statements, compliance certificates, or notices of significant events, as well as maintaining insurance, adhering to laws, or preserving assets. The core function of this clause is to ensure ongoing transparency and proactive compliance, enabling the other party to monitor performance and manage risk effectively throughout the contractual relationship.
REPORTING AND AFFIRMATIVE COVENANTS. Each Obligor covenants that so long as any of the Notes are outstanding:
REPORTING AND AFFIRMATIVE COVENANTS. 40 Section 6.01. Financial and Business Information...............40 Section 6.02. Officer's Certificate............................43 Section 6.03. Inspection.......................................44 Section 6.04.
REPORTING AND AFFIRMATIVE COVENANTS. Borrower shall fail to perform or observe any term, covenant or agreement contained in Sections 5.2 (other than Section 5.2(j)), 5.3(c), 5.3(e), 5.3(h), 5.3(i), 5.3(j), 5.3(k), or 5.3
REPORTING AND AFFIRMATIVE COVENANTS. 39 SECTION 6.01
REPORTING AND AFFIRMATIVE COVENANTS. 40 Section 6.01. Financial and Business Information...............40 Section 6.02. Officer's Certificate............................43 Section 6.03. Inspection.......................................44 Section 6.04. Compliance with Law..............................44 Section 6.05. Insurance........................................44 Section 6.06. Maintenance of Properties........................45 Section 6.07. Payment of Taxes and Claims......................45 Section 6.08. Corporate Existence, etc.........................45 Section 6.09. Maintenance of Books and Records.................45 Section 6.10. Maintenance of Lines of Business.................46 Section 6.11. Private Placement Numbers........................46 Section 6.12. Liens............................................46 Section 6.13. Rule 144.........................................46 Section 6.14. Use of Proceeds; Margin Regulations..............46 Section 6.15. Further Assurances; Security Interests...........46 Section 6.16. Prepayment of Senior Debt........................47 Section 6.17. Right to Provide Financing.......................48 Section 6.18. Hazardous Materials; Remediation.................48 Section 6.19. Board Meetings. .................................49 Section 6.20. Enforcement of Covenants Not to Compete and Material Contracts...............................49 Section 6.21. Landlord and Warehouseman Waivers................49 Section 6.22. Mortgages on Real Property; Title Insurance and Survey...........................................49 Section 6.23. Additional Subsidiaries..........................50 Section 6.24. Accreditation and Licensing......................50 Section 6.25. Issuance of Additional Notes.....................50 Section 6.26. Interest Rate Contracts..........................50 Section 6.27. Post-Closing Deliveries and Requirements.........51 ii TABLE OF CONTENTS (continued) Page ----
REPORTING AND AFFIRMATIVE COVENANTS. Borrower shall fail to ----------------------------------- perform or observe any term, covenant or agreement contained in Sections 5.2 (other than 5.2(f)), 5.3(c), 5.3(h), 5.3(i), 5.3(j) or 5.3(l) if such failure shall remain unremedied for five (5) days after such failure;
REPORTING AND AFFIRMATIVE COVENANTS. The Company shall, and shall (except in the cases of clauses (a), (b) and (c)) cause each of its Subsidiaries (other than any Unrestricted Subsidiary (as defined in the New Credit Agreement)) to:
(a) Deliver to the Purchaser:
(i) as soon as available, but in any even within one-hundred twenty (120) days after the end of each fiscal year of the Company, a consolidated balance sheet of the Company and its Subsidiaries as at the end of such fiscal year, and the related consolidated statements of income or operations, stockholders’ equity and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year and including a customary management summary of operating results, all in reasonable detail and prepared in accordance with GAAP, audited and accompanied by a report and opinion of an independent registered public accounting firm of nationally recognized standing (or otherwise reasonably acceptable to the Purchaser), which report and opinion shall be prepared in accordance with generally accepted auditing standards; and
(ii) within forty-five (45) days after the end of each of the first three (3) fiscal quarters of each fiscal year of the Company, commencing with the fiscal quarter ended September 30, 2023, a consolidated balance sheet of the Company and its Subsidiaries as at the end of such fiscal quarter, and the related (i) consolidated statements of income or operations for such fiscal quarter and for the portion of the fiscal year then ended and (ii) consolidated statements of cash flows for the portion of the fiscal year then ended, setting forth in each case in comparative form the figures, for the corresponding fiscal quarter of the previous fiscal year and the corresponding portion of the previous fiscal year and including a customary management summary of operating results, all in reasonable detail and certified by a Responsible Officer (as defined in the New Credit Agreement) of the Company as fairly presenting in all material respects the financial condition, results of operations, stockholders’ equity and cash flows of the Company and its Subsidiaries in accordance with GAAP, subject to normal year-end adjustments and the absence of footnotes). Notwithstanding the foregoing, the obligations in paragraphs (i) and (ii) of this Section 5.14(a) may be satisfied with respect to financial information of the Company and its Subsidiaries by furnishing (A) the applicable consolidated financial stat...
REPORTING AND AFFIRMATIVE COVENANTS