Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows: (a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance. (b) On the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance. (c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ receipt thereof from its bank. (d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
Appears in 4 contracts
Sources: Senior Secured Revolving Credit Facility Agreement (Tarsier Ltd.), Senior Secured Revolving Credit Facility Agreement (Integrated Energy Solutions, Inc.), Senior Secured Revolving Credit Facility Agreement (Pulse Network, Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
Appears in 3 contracts
Sources: Senior Secured Credit Facility Agreement (Pacific Ventures Group, Inc.), Senior Secured Credit Facility Agreement (Drone USA Inc.), Senior Secured Credit Facility Agreement (Vapor Hub International Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report on March 31, June 30, September 30, and December 31 quarterly reports comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance. The Borrower shall also provide to Lender on the tenth (10) day of every calendar month after the Effective Date, a bank statement for each bank account as is set forth on Schedule 7.28, and any additional bank accounts of the Credit Parties as may exist from time to time, as well as a report or statement from each active point of sale system that the Credit Parties have in existence as of the month that they are submitting such statement or report. The point of sale systems that the Credit Parties have as of the Effective Date are set forth on Schedule 10.8.
(b) On the first tenth (1st10th) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
Appears in 2 contracts
Sources: Senior Secured Credit Facility Agreement (Sack Lunch Productions Inc.), Senior Secured Credit Facility Agreement (Sack Lunch Productions Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
(e) The Credit Parties shall provide Lender view only access to any and all accounts listed in Schedule 7.28.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Facility Agreement (Hispanica International Delights of America, Inc.), Senior Secured Revolving Credit Facility Agreement (Staffing Group, Ltd.)
Additional Reporting Requirements. Each Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Closing Date, Borrower Borrowers shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s Borrowers’ consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated Borrowers’ income statement projections for the twelve (12) calendar months following the Effective Closing Date (the “Income Projections”). In addition, on or before the first twentieth (1st20th) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On or before the first twentieth (1st20th) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds proceeds Confirmation will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower Borrowers shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties any Borrower within five (5) days after the Credit Parties’ such Borrower’s receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
Appears in 1 contract
Sources: Credit Agreement (Dr. Tattoff, Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a1) On or prior Without prejudice to the Effective Daterequirement to have such documents approved by the Administrative Agent, Borrower shall provide to Lender an income statement or profit promptly upon the execution and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Datedelivery thereof, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent Administrative Agent with copies of all Project Agreements (10%) (either above including any amendments, additions or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variancereplacements).
(b2) On Promptly upon the first completion thereof and in no event later than thirty (1st30) day of every calendar month after the Effective Datedays thereafter, the Borrower shall provide to Lender the Administrative Agent with a report comparing the use copy of any material amendment, addition or revised version of each of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the varianceBusiness Plans.
(c3) Promptly upon the execution and delivery thereof, the Borrower shall submit to Lender true and correct provide the Administrative Agent with copies of all bank statements agreements regarding leases and similar transactions contemplated by Section 8.2(m); provided that the Administrative Agent shall maintain the confidentiality of the parties, terms and conditions of such agreements subject to the exceptions contained in the first paragraph of Section 16.13.
(4) The Borrower shall, and statements from shall cause IMPSAT to, provide to the Administrative Agent and the Lenders copies of any other depository accountsproposed public announcement referencing the Administrative Agent or any of the Lenders by name with respect to any financial accommodation proposed or granted by the Administrative Agent or such Lender before such announcement is made to the public. Subject to Applicable Law, brokerage accountssuch announcement shall be subject to the prior approval of the Administrative Agent or such Lender, such approval not to be unreasonably withheld. To the extent that Applicable Law requires such public announcement to be filed with any Governmental Authority, the Borrower shall, and shall cause IMPSAT to, provide copies of such public announcement to the Administrative Agent and the Lenders at least two (2) Business Days prior to filing such public announcement with such Governmental Authority.
(5) If requested by the Administrative Agent, the Borrower shall deliver, or accounts with any Payment Processing Companies) received by cause to be delivered, to the Credit Parties Administrative Agent and the Lenders within forty-five (545) days after the Credit Parties’ receipt thereof from beginning of each fiscal year, updated Borrower and IMPSAT Business Plans, quarterly projections of its bankand IMPSAT’s anticipated income, expenses, cash flow, assets and liabilities through the Maturity Date prepared in good faith on assumptions believed by Borrower and IMPSAT to be reasonable and in form and substance satisfactory to the Administrative Agent.
(d6) Promptly upon receipt thereof, The Borrower shall deliver to the Administrative Agent and the Lenders within forty-five (45) days after the beginning of each fiscal year, an updated Borrower Annual Operating Budget including monthly projections of its anticipated income, expenses, cash flow, assets and liabilities prepared in good faith on assumptions believed by Borrower to be reasonable and in form and substance satisfactory to the Administrative Agent.
(7) The Borrower shall, and shall cause IMPSAT to, provide to Lender prior written notice of any board meeting of the Borrower or IMPSAT as applicable, as well as copies of interim and supplemental reportsany materials distributed to the board members of each such Person to the Administrative Agent.
(8) From time to time, if any, submitted the Borrower shall deliver to Borrower by independent accountants in connection with any interim audit or review the Administrative Agent such other information regarding the business of the books of Borrower, its Subsidiaries, IMPSAT, the Credit PartiesProject, the Network and the Telecommunications Business as the Administrative Agent or any Lender may reasonably request.
Appears in 1 contract
Additional Reporting Requirements. Borrower The Borrowers shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower the Borrowers shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s Borrowers’ consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s Borrowers’ consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Date, the Borrower Borrowers shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first (1st) day of every calendar month after the Effective Date, the Borrower Borrowers shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower Borrowers shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower Borrowers shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower Borrowers by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
(e) On or prior to the Effective Date, the Credit Parties shall provide Lender view only access to any and all accounts listed on the attached Schedule 7.28. In the event the Credit Parties, with the Buyer’s prior written consent, open any new bank, deposit, credit card payment processing accounts, or other accounts with any financial institution, and/or the Buyer discovers an account of the Credit Parties that is in existence prior to the Effective Date but is not listed on Schedule 7.28, the Credit Parties shall provide the Buyer view only access to such account(s) within one (1) Business Day following the opening or discovery of such account(s).
Appears in 1 contract
Sources: Senior Secured Revolving Credit Facility Agreement (Intelligent Highway Solutions, Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first fifteenth (1st15th) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first seventh (1st7th) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
(e) Borrower shall provide Lender view only access to any and all accounts listed on the attached Schedule 7.28.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Facility Agreement (Pulse Beverage Corp)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Closing Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Closing Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Closing Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first (1st) day of every calendar month after the Effective Closing Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties Borrower within five (5) days after the Credit Parties’ such Borrower’s receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit PartiesBorrower.
Appears in 1 contract
Additional Reporting Requirements. Each Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Closing Date, Borrower Borrowers shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s Borrowers’ consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated Borrowers’ income statement projections for the twelve (12) calendar months following the Effective Closing Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first (1st) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds proceeds Confirmation will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower Borrowers shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties any Borrower within five (5) days after the Credit Parties’ such Borrower’s receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower Borrowers shall provide to Lender copies of interim and supplemental reports, if any, submitted to any Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Partiesany Borrower.
Appears in 1 contract
Sources: Credit Agreement (Wild Craze, Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on or prior to the first fifteen (1st15th) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual resultsresults for the prior month. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On or prior to the first fifteenth (1st15th) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceedsproceeds for the prior month. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
(e) Borrower shall provide Lender view only access to any and all accounts listed on the attached Schedule 7.28.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Facility Agreement (Bitzio, Inc.)
Additional Reporting Requirements. Each Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Closing Date, Borrower Borrowers shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated Borrowers’ income statement projections for the twelve (12) calendar months following the Effective Closing Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first (1st) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds proceeds Confirmation will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower Borrowers shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties any Borrower within five (5) days after the Credit Parties’ such Borrower’s receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower Borrowers shall provide to Lender copies of interim and supplemental reports, if any, submitted to any Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Partiesany Borrower.
Appears in 1 contract
Additional Reporting Requirements. Each Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Closing Date, Borrower Borrowers shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated Borrowers’ income statement projections for the twelve (12) calendar months following the Effective Closing Date for all Included Projects (the “Income Projections”). In addition, on the first fifth (1st5th) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance. In the event the Included Projects change after the Closing Date, Borrowers shall provide to Lender new Income Projections reflecting such change in Included Projects.
(b) On the first fifth (1st5th) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds proceeds Confirmation will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower Borrowers shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties any Borrower within five (5) days after the Credit Parties’ such Borrower’s receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower Borrowers shall provide to Lender copies of interim and supplemental reports, if any, submitted to any Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Partiesany Borrower.
Appears in 1 contract
Sources: Credit Agreement (Blue Earth, Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first (1st) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties Borrower within five (5) days after the Credit Parties’ Borrower’s receipt thereof from its bank.
(d) Promptly upon receipt thereof, the Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to the Borrower by independent accountants in connection with any interim audit or review of the books of the Credit PartiesBorrower.
Appears in 1 contract
Sources: Senior Secured Credit Facility Agreement (Mint Leasing Inc)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s 's consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s 's consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “"Income Projections”"). In addition, on within five (5) days after the first (1st) day end of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On Within five (5) days after the first (1st) day end of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five (5) days after the Credit Parties’ ' receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Facility Agreement (Artec Global Media, Inc.)
Additional Reporting Requirements. Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Date, Borrower shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated income statement projections for the twelve (12) calendar months following the Effective Date (the “Income Projections”). In addition, on the first tenth (1st10th) day of every calendar month after the Effective Date, the Borrower shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first Within sixty (1st60) day of every calendar month after days from the Effective Date, the Borrower shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds Confirmation will require the Borrower to submit to Lender a written explanations explanation as to the nature and circumstances for the variance.
(c) Borrower shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties within five ten (510) days after the Credit Parties’ receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower shall provide to Lender copies of interim and supplemental reports, if any, submitted to Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Parties.
Appears in 1 contract
Sources: Senior Secured Credit Facility Agreement (Grow Solutions Holdings, Inc.)
Additional Reporting Requirements. Each Borrower shall provide the following reports and statements to Lender as follows:
(a) On or prior to the Effective Closing Date, Borrower Borrowers shall provide to Lender an income statement or profit and loss statement showing actual results of the Borrower’s consolidated operations for the prior twelve (12) months, as well as an income statement projection showing, in reasonable detail, the Borrower’s consolidated Borrowers’ income statement projections for the twelve (12) calendar months following the Effective Closing Date (the “Income Projections”). In addition, on the first fifteenth (1st15th) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the Income Projections to actual results. Any variance in the Income Projections to actual results that is more than ten percent (10%) (either above or below) will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(b) On the first fifteenth (1st15th) day of every calendar month after the Effective Closing Date, the Borrower Borrowers shall provide to Lender a report comparing the use of the proceeds of the Revolving Loans set forth in the Use of Proceeds Confirmation, with the actual use of such proceeds. Any variance in the actual use of such proceeds from the amounts set forth in the approved Use of Proceeds proceeds Confirmation will require the Borrower Borrowers to submit to Lender written explanations as to the nature and circumstances for the variance.
(c) Borrower Borrowers shall submit to Lender true and correct copies of all bank statements (and statements from any other depository accounts, brokerage accounts, or accounts with any Payment Processing Companies) received by the Credit Parties any Borrower within five (5) days after the Credit Parties’ such Borrower’s receipt thereof from its bank.
(d) Promptly upon receipt thereof, Borrower Borrowers shall provide to Lender copies of interim and supplemental reports, if any, submitted to any Borrower by independent accountants in connection with any interim audit or review of the books of the Credit Partiesany Borrower.
Appears in 1 contract