Common use of Borrowing Base Report Clause in Contracts

Borrowing Base Report. The Borrowers will furnish to the Lender no less frequently than monthly and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will provide the Lender with (a) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on the Collateral.

Appears in 2 contracts

Samples: Financing and Security Agreement (Argan Inc), Financing and Security Agreement (Argan Inc)

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Borrowing Base Report. The Borrowers Borrower will furnish to the Lender Agent no less frequently than monthly and monthly, as soon as available, but in any event within twenty (20) days of the end of each fiscal month, and, upon the occurrence of an Event of Default or as otherwise provided in this Section 2.1.4, at such other times as may be requested by the Lender Agent a report of the Borrowing Base in the form attached hereto as Exhibit A (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the LenderAgent, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the ReceivablesAccounts, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender Agent may from time to time reasonably request. Upon the LenderAgent's request and upon the creation of any Receivables, or at such other intervals as the Lender may requireAccounts, the Borrowers Borrower will provide the Lender Agent with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the Receivables Accounts and the Inventory as the Lender Agent may reasonably require. The items to be provided under this subsection shall be in form reasonably satisfactory to the LenderAgent, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender Agent from time to time solely for the LenderAgent's convenience in maintaining records of the Collateral. Any The Borrower's failure to deliver any of such items to the Lender Agent shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on Agent and the Lenders in the Collateral. Notwithstanding the foregoing, the Borrower acknowledges and agrees that the Agent, at its option, may require that the Borrower furnish to the Agent weekly and, if requested by the Agent, daily Borrowing Base Reports if any one of the following events occur (i) the Borrower's and Subsidiary Guarantors' collective aggregate availability under the Revolving Loan is at any times less than or equal to Ten Million Dollars ($10,000,000), (ii) the Borrower and the Subsidiary Guarantors, on a consolidated basis, incur three (3) consecutive months of net operating losses, or (iii) the occurrence of an Event of Default (each of the aforementioned events are herein called a "Borrowing Base Trigger Event"). The Agent agrees that it shall not be entitled to require that the Borrower furnish weekly or daily Borrowing Base Reports solely as the result of the occurrence of a Borrowing Base Trigger Event, if the Agent fails to so notify the Borrower within ninety (90) days of the date that the Borrower has cured the Borrowing Base Trigger Event to the reasonable satisfaction of the Agent. The foregoing sentence, however, shall not prevent the Agent from later requiring more frequent Borrowing Base Reports following the occurrence of any subsequent Borrowing Base Trigger Event; provided, that the Agent so notifies the Borrower within ninety (90) days of date that the Borrower has cured the Borrowing Base Trigger Event to the reasonable satisfaction of the Agent.

Appears in 2 contracts

Samples: Financing and Security Agreement (BPC Holding Corp), Financing and Security Agreement (BPC Holding Corp)

Borrowing Base Report. The Borrowers will furnish to the Lender no less frequently than monthly and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventoryboth billed and unbilled, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's ’s request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the Receivables Receivables, both billed and the Inventory unbilled, as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's ’s convenience in maintaining records of the Collateral. Any Borrower's ’s failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on the Collateral.

Appears in 2 contracts

Samples: Financing and Security Agreement (Gp Strategies Corp), Financing and Security Agreement (Gp Strategies Corp)

Borrowing Base Report. The Borrowers Borrower will furnish to the Lender no less frequently than monthly within fifteen (15) days after the end of each month and at such other times as may be reasonably requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, Receivables and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time reasonably request. Upon the Lender's reasonable request and upon the creation of any Receivables, Receivables or at such other intervals as the Lender may reasonably require, the Borrowers Borrower will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding any of the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's The failure of the Borrower to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Lender's security interests in, and Liens of the Lender on on, the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Weston Roy F Inc)

Borrowing Base Report. The At all times as any Obligations are outstanding under this Agreement or under any of the Financing Documents, the Borrowers will furnish to the Lender no less frequently than monthly the tenth (10/th/) day of each month and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowers acknowledge that the Lender has no obligation to make any advance of the Revolving Credit Facility until a current Borrowing Base Certificate has been received and approved by the Lender and that the failure to provide a Borrowing Base Certificate on a regular basis may result in a delay in funding any requested advances to the Revolving Credit Facility. The Borrowing Base Report shall be dated as of the last day of the preceding month and shall contain a detailed aging schedule of all Receivables by Account Debtor as of the date of the Borrowing Base Report, the amount and payments on the Receivables, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request, including, but not limited to, a report containing a detailed aging of all accounts payable by supplier, in such detail, and accompanied by such supporting information, as the Lender may from time to time reasonably request. Upon the Lender's request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on in the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Spacehab Inc \Wa\)

Borrowing Base Report. The Borrowers will furnish to the Lender no less frequently than monthly weekly and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed, which Borrowing Base Reports shall include a detailed breakdown as to Accounts which constitute progress billings. The Borrowing Base Report shall Repoxx xxxxx contain the amount and payments on the Receivables, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request and upon the creation of any Receivables, Receivables or at such other intervals as the Lender may require, the Borrowers will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding any of the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's The failure of the Borrowers to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Lender's security interests in, and Liens of the Lender on on, the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Flanders Corp)

Borrowing Base Report. The (a) At all times as any Obligations are outstanding under this Agreement or under any of the Financing Documents, the Borrowers will furnish to the Lender no less frequently than monthly the twenty fifth (25/th/) day of each month and at such other times as may be requested by the Lender Lender, a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Unless otherwise requested by the Lender, the Borrowing Base Report shall be dated as of the last Business Day of the immediately preceding month and shall contain a detailed aging schedule of all Receivables by Account Debtor as of the date of the Borrowing Base Report, the amount and payments on the Receivables, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request, including, but not limited to, a report containing a detailed aging of all accounts payable by supplier, in such detail, and accompanied by such supporting information, as the Lender may from time to time reasonably request. Upon the Lender's request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on in the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Spacehab Inc \Wa\)

Borrowing Base Report. The Revolving Credit Borrowers will furnish to the Lender Agent no less frequently than monthly weekly and at such other times as may be reasonably requested by the Lender Agent a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the LenderAgent, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the ReceivablesReceivables of the Revolving Credit Borrowers and the Mexican Subsidiary, the value of InventoryInventory of the Revolving Credit Borrowers and the Mexican Subsidiary, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender Agent may from time to time reasonably request. Upon the LenderAgent's reasonable request and upon the creation of any ReceivablesReceivables by any Revolving Credit Borrower and/or the Mexican Subsidiary, or at such other intervals as the Lender Agent may reasonably require, the Revolving Credit Borrowers will provide and will cause the Lender Mexican Subsidiary to provide the Agent with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the its or their Receivables and the Inventory as the Lender Agent may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the LenderAgent, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender Agent from time to time solely for the LenderAgent's convenience in maintaining records of the Collateral. Any Borrower's failure to deliver any of such items to the Lender Agent shall not affect, terminate, modify, or otherwise limit the Liens of the Lender Agent and the Lenders in the Collateral. The UK Subsidiary will furnish to the Agent no less frequently than monthly and at such other times as may be reasonably requested by the Agent a report of the UK Borrowing Base (each a "UK Borrowing Base Report"; collectively, the "UK Borrowing Base Reports") in the form required from time to time by the Agent, appropriately completed and duly signed. The UK Borrowing Base Report shall contain the amount and payments on the CollateralReceivables of the UK Subsidiary, the value of Inventory of the UK Subsidiary, and the calculations of the UK Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Agent may from time to time reasonably request.

Appears in 1 contract

Samples: Financing and Security Agreement (First Alert Inc)

Borrowing Base Report. The Borrowers will Borrower shall furnish to the Lender no less frequently than monthly weekly and at such other times as may be requested by the Lender a report of the Borrowing Base (each Base(each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lenderattached hereto as Exhibit "A" and made a part hereof, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, and the calculations of the Borrowing BaseBase and the Indenture Maximum Amount, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time reasonably request. Upon the Lender's request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will Borrower shall provide the Lender with (a) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection Section 2.1.4 shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Borrower, and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any The Borrower's failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on in the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Chatwins Group Inc)

Borrowing Base Report. The Borrowers Borrower will furnish to the Lender no less frequently than monthly weekly and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, Receivables and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request and upon the creation of any Receivables, Receivables or at such other intervals as the Lender may require, the Borrowers Borrower will provide the Lender with (a) copies of Account Debtor invoices; (b) evidence of shipment or delivery; statements and (c) such further schedules, documents and/or information regarding any of the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's The failure of the Borrower to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Dcap Group Inc/)

Borrowing Base Report. The Borrowers will furnish to the Lender no less frequently than monthly and no later than the 10th day of each month and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will provide the Lender with with: (a) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's The Borrowers' failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on Lender's security interests in the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Clean Towel Service Inc)

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Borrowing Base Report. The Borrowers Borrower will furnish to the Lender no less frequently than monthly and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form of EXHIBIT D attached hereto and made a part hereof or such other form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, Receivables and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request and upon the creation of any Receivables, Receivables or at such other intervals as the Lender may require, the Borrowers Borrower will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding any of the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's The failure of the Borrower to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Lender's security interests in, and Liens of the Lender on on, the Collateral.. 2.1.5

Appears in 1 contract

Samples: Financing and Security Agreement (Halifax Corp)

Borrowing Base Report. The Borrowers Borrower will furnish to the Lender no less frequently than monthly and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventoryboth billed and unbilled, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request Borrower and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers MXL will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the Receivables Receivables, both billed and the Inventory unbilled, as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower or MXL whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's The failure of Borrower or MXL to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Gp Strategies Corp)

Borrowing Base Report. The Borrowers will furnish to the Lender no less frequently than monthly before the 20th day of each month and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the net amount and payments due on the Receivables, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on in the Collateral.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

Borrowing Base Report. The Borrowers Borrower will furnish to the Lender no less frequently than monthly and at such other times as may be reasonably requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's request and upon the creation of any Receivables, Receivables or at such other intervals as the Lender may require, the Borrowers Borrower will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding any of the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's convenience in maintaining records of the Collateral. Any Borrower's The failure of the Borrower to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Lender's security interests in, and Liens of the Lender on on, the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Sensys Technologies Inc)

Borrowing Base Report. The Borrowers Borrower will furnish to the Lender Agent no less frequently than monthly and monthly, as soon as available, but in any event within twenty (20) days of the end of each fiscal month, and, upon the occurrence of an Event of Default or as otherwise provided in this Section 2.1.4, at such other times as may be requested by the Lender Agent a report of the Borrowing Base in the form attached hereto as Exhibit A (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the LenderAgent, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the ReceivablesAccounts, the value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender Agent may from time to time reasonably request. Upon the LenderAgent's request and upon the creation of any Receivables, or at such other intervals as the Lender may requireAccounts, the Borrowers Borrower will provide the Lender Agent with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the Receivables Accounts and the Inventory as the Lender Agent may reasonably require. The items to be provided under this subsection shall be in form reasonably satisfactory to the LenderAgent, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to the Lender Agent from time to time solely for the LenderAgent's convenience in maintaining records of the Collateral. Any The Borrower's failure to deliver any of such items to the Lender Agent shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on Agent and the Lenders in the Collateral. Notwithstanding the foregoing, the Borrower acknowledges and agrees that the Agent, at its option, may require that the Borrower furnish to the Agent weekly and, if requested by the Agent, daily Borrowing Base Reports if any one of the following events occur (i) the Borrower's and Subsidiary Guarantors' collective aggregate availability under the Revolving Loan is at any times less than or equal to Fifteen Million Dollars ($15,000,000), (ii) the Borrower and the Subsidiary Guarantors, on a consolidated basis, incur three (3) consecutive months of net operating losses, or (iii) the occurrence of an Event of Default (each of the aforementioned events are herein called a "Borrowing Base Trigger Event"). The Agent agrees that it shall not be entitled to require that the Borrower furnish weekly or daily Borrowing Base Reports solely as the result of the occurrence of a Borrowing Base Trigger Event, if the Agent fails to so notify the Borrower within ninety (90) days of the date that the Borrower has cured the Borrowing Base Trigger Event to the reasonable satisfaction of the Agent. The foregoing sentence, however, shall not prevent the Agent from later requiring more frequent Borrowing Base Reports following the occurrence of any subsequent Borrowing Base Trigger Event; provided, that the Agent so notifies the Borrower within ninety (90) days of date that the Borrower has cured the Borrowing Base Trigger Event to the reasonable satisfaction of the Agent.

Appears in 1 contract

Samples: Financing and Security Agreement (BPC Holding Corp)

Borrowing Base Report. The Borrowers will furnish to the Lender no less frequently than monthly within fifteen (15) days after the end of each month and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, Receivables and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's ’s request and upon the creation of any Receivables, Receivables or at such other intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (b) evidence of shipment or delivery; and (c) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's ’s convenience in maintaining records of the Collateral. Any Borrower's ’s failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Versar Inc)

Borrowing Base Report. The Borrowers will furnish to the Lender no less frequently than monthly within twenty (20) days after the end of each month and at such other times as may be requested by the Lender a report of the Borrowing Base (each a "Borrowing Base Report"; collectively, the "Borrowing Base Reports") in the form required from time to time by the Lender, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the Receivables, the value of Inventory, Receivables and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as the Lender may from time to time request. Upon the Lender's ’s request and upon the creation of any Receivables, or at such other intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (bc) evidence of shipment or delivery; and (cd) such further schedules, documents and/or information regarding the Receivables and the Inventory as the Lender may reasonably require. The items to be provided under this subsection shall be in form satisfactory to the Lender, and certified as true and correct by a Responsible Officer (or or, to the extent acceptable to the Lender from time to time, by any other officers or employees of the Borrower whom a Responsible Officer from time to time authorizes in writing to do so), and delivered to the Lender from time to time solely for the Lender's ’s convenience in maintaining records of the Collateral. Any Borrower's ’s failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of the Lender on in the Collateral.

Appears in 1 contract

Samples: Financing and Security Agreement (Rand Worldwide Inc)

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