Common use of Reporting Covenants Required Complies Clause in Contracts

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 days of FYE YES NO Annual Business Plan (incl. operating budget) Earlier of (i) 30 days after FYE or (ii) 7 days of approval from BOD YES NO Audit Annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ ____________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ ____________________ YES NO

Appears in 2 contracts

Sources: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such Quarterly financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 days of FYE YES NO Annual Business Plan (incl. operating budget) Earlier Within the earlier of (i) 30 quarterly within 45 days after FYE or (quarterly within 90 days for Q4), and (ii) 7 5 Business Days of filing/reporting of the same with the SEC Yes No Compliance Statement Within the earlier of (i) quarterly within 45 days, and (ii) 5 Business Days of filing/reporting quarterly financials with the SEC Yes No Annual financial statements (CPA Audited) Within the earlier of (i) FYE within 90 days, and (ii) 5 Business Days of filing/reporting of the same with the SEC Yes No Bank Account Statements (all accounts outside of Bank) Monthly within 30 days of approval from BOD YES NO Audit Annual YES NO If Public: YES NO Yes No 10-Q QuarterlyQ, within 5 days of SEC filing (50 days) YES NO 10-K Annually, and 8-K Within 5 Business Days after filing with SEC Yes No N/A Board approved projections FYE within 5 60 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: as amended/updated Yes No Minimum Liquidity Ratio >1.50:1.00 _____:1.00 Yes No N/A * Minimum Adjusted EBITDA >$ 3,000,000 $ ____________________ YES NO Total amount of Borrower’s cash and investments maintained Yes No N/A ** * Compliance with Bank Amount: $ ____________________ YES NOonly 1 financial covenant is required.

Appears in 1 contract

Sources: Loan and Security Agreement (Castle Biosciences Inc)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly*, within 30 25 days YES NO Compliance Certificate Monthly*, within 30 25 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 180 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings Monthly*, within 25 days YES NO Detailed Schedules re Applicable Bookings, Subscription Renewal Rate and Advance Rate calculations Monthly, within 25 days YES NO Annual Business Plan (incl. operating budget) Earlier of (i) Annually, within 30 days after of FYE or (ii) 7 days of approval from BOD YES NO IP Report Quarterly YES NO Audit Annual Semi-annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Net Cash Amount n/a $ — — Total amount of Borrower’s cash and investments Amount: n/a $ ____________________ ** YES NO investments Total amount of Borrower’s cash and > 50% of all accounts ** $ YES NO investments maintained with Bank Amount: $ ____________________ **Cash/investments outside of Bank must be less than 50% of all cash and investments Legal Action > $500,000 (Sect. 6.2(a)(iv)) Notify promptly upon notice YES NO

Appears in 1 contract

Sources: Loan and Security Agreement (Carbonite Inc)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days days* YES NO Compliance Certificate Monthly, within 30 days days* YES NO CPA Audited, Unqualified F/S (providedAnnually, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity by August 31 for (x) Borrower’s 2017 and 2018 fiscal yearsprior FY YES NO Borrowing Base Cert., and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annuallyinventory report Monthly, within 150 days of FYE 30 days** YES NO Annual Business Plan (incl. operating budget) Earlier Annually, by March 15 of (i) 30 days after FYE or (ii) 7 days of approval from BOD each FY YES NO Audit Annual Semi-annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: Amount $ ____________________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: Amount $ ____________________________ YES NO

Appears in 1 contract

Sources: Loan and Security Agreement (Warby Parker Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 120 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings; future, rolling twelve (12) month ▇▇▇▇▇▇▇▇ report Monthly, within 30 days YES NO Annual Business Plan (incl. operating budget) Earlier of (i) By 2/15 YES NO Intellectual Property Report Quarterly within 30 days after FYE or (ii) 7 days of approval from BOD YES NO Audit Annual YES NO If Public: Semi-annual YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s 's cash and investments Total amount of Borrower's cash and Amount: $ $______________________ YES NO investments maintained with Comerica Bank Total amount of Borrower’s 's cash and investments maintained with Bank Bridge Bank, N.A. Amount: $ $______________________ YES NO Legal Action > $100,000 (Sect. 6.2(iv)) Notify promptly upon notice _________________ YES NO

Appears in 1 contract

Sources: Loan and Security Agreement (CareView Communications Inc)

Reporting Covenants Required Complies. Company Prepared Monthly F/S MonthlyTransaction Report (i) with each request for an Advance, and (ii) monthly within 30 days YES NO Compliance Certificate MonthlyYes No A/R & A/P Agings and Deferred Revenue reports (i) with the request for the initial Advance, and (ii) monthly within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such Yes No Interim financial statements may include a going-concern comment or qualification (consolidated) (i) with respect to Borrower’s liquidity the request for (x) Borrower’s 2017 and 2018 fiscal yearsthe initial Advance, and (yii) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, monthly within 150 30 days of FYE YES NO Annual Business Plan (incl. operating budget) Earlier of Yes No Compliance Certificate (i) 30 days after FYE or with the request for the initial Advance, and (ii) 7 monthly within 30 days of approval from BOD YES NO Audit Annual YES NO If Public: YES NO 10Yes No Cash and Excess Availability report Monthly within 30 days Yes No Board-Q Quarterlyapproved annual operating budgets and financial projections FYE within 60 days and contemporaneously with any updates or changes thereto Yes No 10‑Q, within 10‑K and 8-K Within 5 days of after filing with SEC Yes No Annual financial statements (CPA Audited) Within 5 days after filing (50 days) YES NO Form 10-K Annually, within 5 days of with SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ ___________Yes No Maximum Capital Expenditures <$10 million $_________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ Yes No Adjusted Quick Ratio 1.25:1.00 ___________:1.00 Yes No Maximum Adjusted EBITDA Loss ** $_________ YES NOYes No

Appears in 1 contract

Sources: Loan and Security Agreement (Electro Scientific Industries Inc)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days days* YES NO Compliance Certificate Monthly, within 30 days days* YES NO CPA Audited, Unqualified F/S (providedAnnually, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity by August 31 for (x) Borrower’s 2017 and 2018 fiscal yearsprior FY YES NO Borrowing Base Cert., and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annuallyinventory report Monthly, within 150 days of FYE 30 days** YES NO Annual Business Plan (incl. operating budget) Earlier Annually, by March 15 of (i) 30 days after FYE or (ii) 7 days of approval from BOD each FY YES NO Audit Annual Semi-annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: Amount $ __________________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: Amount $ __________________________ YES NO

Appears in 1 contract

Sources: Loan and Security Agreement (Warby Parker Inc.)