Borrower Reports. As soon as available, copies of all reports, financial information and other information which is required to be distributed to any member under the terms of the Borrower’s Operating Agreement;
Borrower Reports. Until all Advances under the Line of Credit Note, together with accrued interest thereon, are fully repaid to Bank, Borrower agrees promptly to provide Bank with the following periodic reports:
Borrower Reports. Except as set forth on Schedule 3.6, Borrower has timely filed (after giving effect to any extensions timely filed for) all material reports, registrations, statements and other filings, together with any amendments required to be made with respect thereto, that were required to be filed since December 31, 2004, with the SEC (all such reports being collectively referred to herein as the “Borrower Reports”). As of their respective dates (and without giving effect to any amendments or modifications filed after the date of this Agreement with respect to Borrower Reports filed before the date of this Agreement), each of Borrower Reports and the contents thereof complied in all material respects with the statutes, rules, regulations and orders enforced or promulgated by the SEC (including Regulation FD), and, as of the respective date any such Borrower Report was filed, did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Borrower has filed all contracts, agreements and other documents or instruments required to be filed as exhibits to Borrower Reports. Borrower has furnished or made available to Lenders true and complete copies of any comments, notices or other correspondence it has received from the staff of the SEC.
Borrower Reports. Borrower will provide Lender the reports listed below in a format and frequency acceptable to the Lender. All reports, which are to be submitted in Excel format and/or via direct data submission to an online computer system authorized and in form and substance acceptable to Lender, are due as follows: (i) completed Borrowing Base Certificate is due weekly (or if needed for advance purposes, daily) to be delivered no later than 10:00 AM EST or DST, whichever is in effect; (ii) a detailed invoice date aging of the Accounts is due on a weekly basis; (iii) A complete customer list of all Accounts with contact information (name of primary contact, address and telephone number) is due at the beginning of each month and (iv) monthly projections for the next fiscal year, due no later than sixty days before the end of the current fiscal year, with the exception of the monthly projections for the fiscal year ending September 30, 2011, which shall be due no later than 5:00 PM DST on September 15, 2010; (v) monthly bank statements for all bank accounts of the Borrower; (vi) monthly evidence of its tax payments; and (vii) together with each delivery of financial statements required above, the certificate of Borrower substantially in the form of Exhibit A hereto signed by the designated officer of Borrower stating, among other things, that no event has occurred which constitutes an event of Default or would constitute an event of Default but for the requirement that notice be given, or time elapse or both, under this Agreement (such certificate shall publish the accounting calculations used to determine compliance or noncompliance with Borrower’s financial obligations and financial covenants provided in this Agreement), or, if any such event of Default or Defaults exists, specifying the nature thereof.
Borrower Reports. In the case of each Mortgage Loan, the related Mortgage Loan Documents require the related Borrower, in some cases at the request of the lender, to provide to the holder of such Mortgage Loan operating statements and rent rolls not less frequently than quarterly and financial statements of the Borrower not less frequently than annually (except if the Mortgage Loan has an outstanding principal balance of less than or equal to $3,500,000 as of the Cut-Off Date which case the Mortgage Loan Documents require the borrower, in some cases at the request of the lender, to provide to the holder of such Mortgage Loan operating statements and (if there is more than one tenant) rent rolls and/or financial statements of the Borrower annually). EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Exhibit 2 to the Mortgage Loan Purchase Agreement. Any exception listed below in respect of a particular representation or warranty shall also be deemed to apply to any other applicable representation or warranty. Annex A Control ID # Mortgage Loan Exception -------------------------------------------------------------------------------- Exception to Representation (18): Escrow Deposits All Mortgage Loans The capital improvements escrow account is held by a third party that is not under control of, or an agent of, the Seller. The capital improvements escrow account is controlled by the Capital Improvements Deposit and Security Agreement and is not covered under the Eligible Account criteria in the Definitions section and Section 8.3 (e) of the Pooling and Servicing Agreement. Exception to Representation (24): Cross-collateralization Kyle's Run Apartments The Mortgage Loan is cross-defaulted with the Wallkill Living Center related subordinate loan. A default under Newport Sound Apartments either the Mortgage Loan or the related Salisbury Commons subordinate loan may be treated as a default Westover Manor under the other loan. Exception to Represxxxxxxxx (30): Junior Liens Kyle's Run Apartments There is a mortgage granted by the Borrower to Florida Housing Finance Agency ("FHFA") securing an initial principal amount of $1,550,000. Such mortgage is subordinated to the Mortgage Loan pursuant to a recorded subordination agreement that, among other things, requires FHFA, so long as any sum remains outstanding on the Mortgage Loan, to provide the Lender with notice: (...
Borrower Reports. Borrower will provide Lender the reports listed below in a format and frequency acceptable to the Lender. All reports, which are to be submitted in Excel format and/or via direct data submission to an online computer system authorized and in form and substance acceptable to Lender, are due as follows: (i) Borrowing Base Certificate is due with each funding request and to be delivered no later than 11:00 AM EST or DST, whichever is in effect; (ii) a detailed invoice date aging of the Accounts is due each day not later than 11:00 AM EST or DST, whichever is in effect; (iii) a complete customer list of all Accounts with contact information (name of primary contact, address and telephone number) is due at the beginning of each calendar quarter and (iv) a summary listing of Inventory stating approximate values and location is due no later than the fifth Business Day following each month end.
Borrower Reports. The Borrower will furnish to the Lender: as soon as available and in any event within forty-five (45) days after the end of each fiscal quarter of the Borrower, balance sheets (which are to be consolidated, if applicable) of the Borrower as of the end of such fiscal quarter and statements of income (or loss), stockholder’s equity (or deficiency) and cash flow (which are to be consolidated, if applicable) of the Borrower for the period commencing at the end of the previous fiscal year of the Borrower and ending with the end of such fiscal quarter, all in reasonable detail and certified by a Responsible Officer as presenting fairly the financial position (on a consolidated basis, if applicable) of the Borrower and its Subsidiaries, as of the date indicated and the results of its operations and changes in financial position (on a consolidated basis, if applicable) for the period indicated in conformity with GAAP, consistently applied, subject to changes resulting from year-end adjustments; provided, however, that the timely filing by Borrower with the Securities and exchange Commission via XXXXX of its quarterly reports on Form 10-Q and its annual report on Form 10-K shall be deemed to fulfill the requirements of this Section; upon request by Lender, within ten (10) Business Days of filing, copies of the tax returns of the Borrower; and such other reports and as the Lender may from time to time reasonably request. 11
Borrower Reports. The Borrower will furnish to the Lender:
Borrower Reports. By signing this Agreement, Borrower and expressly consents expressly authorizes Lender to obtain a credit report or background report on the Borrower. Any such report(s) that Lender obtains may include, without limitation, the business’ credit history or similar characteristics, public records, and any other information bearing on credit standing, credit capacity or character. Such reports will be used by Lender to determine if it will proceed with the Loan to Borrower. Borrower shall also provide and/or execute such further and additional documents, instruments, and writings as Lender may require in order to access and review any tax information (including tax returns) related to Borrower’s business (including, without limitation, by executing a 4506T form with the Internal Revenue Service).
Borrower Reports. Each Borrower will provide Lender the reports listed below in a format and frequency acceptable to the Lender. All reports, which are to be submitted in Excel format and/or via direct data submission to an online computer system authorized and in form and substance acceptable to Lender, are due as follows: (i) Borrowing Base Certificate is due with each funding request and to be delivered no later than 10:00 a.m. EST or DST, whichever is in effect; (ii) a detailed invoice date aging of the Accounts is due weekly, or as requested by Lender; (iii) a complete customer list of all Accounts with contact information (name of primary contact, address and telephone number) is due at the beginning of each calendar quarter and (iv) a summary listing of Inventory stating approximate values and location is due no later than the fifth working day following each month end; (v) monthly bank statements for all bank accounts of each Borrower;
