Common use of Borrowing Base Report Clause in Contracts

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

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

Borrowing Base Report. Borrowers The Borrower will furnish to Lender the 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 Lender the 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 Lenderthe Agent, appropriately completed and duly signed. The Borrowing Base Report shall contain the amount and payments on the ReceivablesAccounts, both billed and unbilledthe value of Inventory, and the calculations of the Borrowing Base, all in such detail, and accompanied by such supporting and other information, as Lender the Agent may from time to time reasonably request. Upon Lender’s the Agent's request Borrowers and upon the creation of any Accounts, the Borrower will provide Lender the Agent with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding the Receivables, both billed Accounts and unbilled, the Inventory as Lender the Agent may reasonably require. The items to be provided under this subsection shall be in form reasonably satisfactory to Lenderthe Agent, and certified as true and correct by a Responsible Officer (or by any other officers or employees of Borrower whom a Responsible Officer from time to time authorizes in writing to do so)Officer, and delivered to Lender the Agent from time to time solely for Lender’s the Agent's convenience in maintaining records of the Collateral. Any The Borrower’s 's failure to deliver any of such items to Lender the Agent shall not affect, terminate, modify, or otherwise limit the Liens of Lender on the 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.

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, both billed and unbilledthe 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 '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; (cb) evidence of shipment or delivery; and (dc) such further schedules, documents and/or information regarding the Receivables, both billed Receivables and unbilled, 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.

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, both billed and unbilledthe 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 's request and upon the creation of any Receivables, or at such intervals as the Lender may require, the Borrowers will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (cb) evidence of shipment or delivery; and (dc) such further schedules, documents and/or information regarding the Receivables, both billed Receivables and unbilled, 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 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 '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 Lender on Lender's security interests in the Collateral.

Borrowing Base Report. Borrowers will The 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 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, both billed and unbilledthe 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 's request Borrowers will and upon the creation of any Receivables, or at such intervals as the Lender may require, the Borrower shall provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding the Receivables, both billed Receivables and unbilled, 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 Borrower whom a Responsible Officer from time to time authorizes in writing to do so)the Borrower, and delivered to the Lender from time to time solely for the Lender’s 's convenience in maintaining records of the Collateral. Any The 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.

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, both billed and unbilled, 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 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; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding the Receivables, both billed and unbilled, Receivables 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.

Borrowing Base Report. Borrowers The 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, both billed and unbilled, 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 's reasonable request Borrowers upon the creation of any Receivables or at such other intervals as the Lender may reasonably require, the Borrower will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding any of the Receivables, both billed and unbilled, Receivables 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 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 Lender on on, the Collateral.

Borrowing Base Report. Borrowers The 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, both billed and unbilled, 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 Borrowers upon the creation of any Receivables or at such other intervals as the Lender may require, the Borrower will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding any of the Receivables, both billed and unbilled, Receivables 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 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 Lender on on, the Collateral.

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

Borrowing Base Report. Borrowers The 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, both billed and unbilled, 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 Borrowers upon the creation of any Receivables or at such other intervals as the Lender may require, the Borrower will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; statements and (d) such further schedules, documents and/or information regarding any of the Receivables, both billed and unbilled, Receivables 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 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.

Borrowing Base Report. Borrowers The 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, both 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 Borrowers upon the creation of any Receivables or at such other intervals as the Lender may require, the Borrower will provide the Lender with with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding any of the Receivables, both billed and unbilled, Receivables 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 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 Lender on on, the Collateral.

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 Repo▇▇ ▇▇▇▇▇ contain the amount and payments on the Receivables, both billed and unbilledthe 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 's request 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) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding any of the Receivables, both billed Receivables and unbilled, 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 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 '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 Lender on on, the Collateral.

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, both 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 intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding the Receivables, both billed and unbilled, Receivables 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 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 '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.

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, both billed and unbilled, 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, or at such intervals as the Lender may require, the Borrowers will provide the Lender with (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding the Receivables, both billed and unbilled, Receivables 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 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.

Borrowing Base Report. Borrowers The Borrower will furnish to the Lender no less frequently than monthly the twentieth (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 amount and payments on the Receivables, both billed and unbilled, 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 Borrowers and upon the creation of any Receivables, or at such intervals as the Lender may require, the Borrower will provide the Lender with at the Borrower's offices during normal business hours with: (a) confirmatory assignment schedules; (b) copies of Account Debtor invoices; (c) evidence of shipment or delivery; and (d) such further schedules, documents and/or information regarding the Receivables, both billed and unbilled, Receivables 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 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 's convenience in maintaining records of the Collateral. Any The Borrower’s 's failure to deliver any of such items to the Lender shall not affect, terminate, modify, or otherwise limit the Liens of Lender on Lender's security interests in the Collateral.