Certain Reporting. On or before the Effective Date, the Borrower's President and Chief Operating Officer shall deliver to the Administrative Agent a letter with regard to the Borrower's efforts to address certain operational items. During the period beginning on the Effective Date and ending on the date on which a new Chief Executive Officer assumes his or her duties with the Borrower, the Borrower shall deliver to the Administrative Agent copies of all reports (other than any portions thereof containing attorney-client or other privileged information) regarding the items set forth in the above-referenced letter prepared by outside professionals engaged in connection therewith or by management of the Borrower or its Subsidiaries within 3 Business Days of delivery of the same to the Borrower's board of directors.
Certain Reporting. Notwithstanding anything to the contrary herein, the Executive understands that nothing in this Agreement restricts or prohibits the Executive from initiating communications directly with, responding to any inquiries from, providing testimony before, providing Confidential Information to, reporting possible violations of law or regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity (collectively, “Government Agencies”), or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation, and pursuant to 18 USC § 1833(b), an individual may not be held liable under any criminal or civil federal or state trade secret law for disclosure of a trade secret: (i) made in confidence to a government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing an entity for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to her attorney and use the trade secret information in the court proceeding, so long as any document containing the trade secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order. Nothing in this Agreement is intended to conflict with 18 USC § 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by 18 USC § 1833(b).
Certain Reporting. Agent may, at any time in its sole discretion, require Borrower to permit Agent to verify under the letterhead of a certified public accountant the individual account balances of the individual Account Debtors immediately upon Agent's request therefor, and, upon Agent's request made at any time hereafter, Borrower shall furnish Agent with a then current address list for all Account Debtors. Upon Agent's request, Borrower shall furnish to Agent and each Lender a status report, certified by a Senior Officer, of the aggregate Dollar amount of the items comprising the accounts payable of Borrower and the age of each individual item thereof as of the last day of the preceding month (segregating such items in such manner and to such degree as Agent may request).
