Collateral Availability and Financial Reports and Schedules. (a) Borrowing Base Reports
Collateral Availability and Financial Reports and Schedules. (a) Monthly Reports. (b) Financial Statements.
Collateral Availability and Financial Reports and Schedules. 28 (a) Daily/Weekly Reports. 28 (b) Monthly Reports. 28 (c) Financial Statements. 29 (d) Annual Projections. 29 (e) Explanation of Budgets and Projections. 29 (f) Public Reporting. 29 (g) Other Information. 30 10. TERMINATION; AUTOMATIC RENEWAL. 30
Collateral Availability and Financial Reports and Schedules. (a) Daily Reports. *
Collateral Availability and Financial Reports and Schedules. 29 (a) Daily/Weekly Reports. 29 (b) Monthly Reports. 29 (c) Financial Statements. 29 (d) Annual Projections. 30 (e) Explanation of Budgets and Projections. 30 (f) Public Reporting. 30 (g) Other Information. 30 10. TERMINATION. 30 11. REPRESENTATIONS AND WARRANTIES. 31 (a) Financial Statements and Other Information. 31 (b) Locations. 31 (c) Loans by Borrower. 32 (d) Accounts and Inventory. 32 (e) Liens. 32 (f) Organization, Authority and No Conflict. 32 (g) Litigation. 33 (h) Compliance with Laws and Maintenance of Permits. 33 (i) Affiliate Transactions. 33 (j) Names and Trade Names. 33 (k) Equipment. 33 (l) Enforceability. 34 (m) Solvency. 34 (n) Indebtedness. 34 (o) Margin Security and Use of Proceeds. 34 (p) Parent, Subsidiaries and Affiliates. 34 (q) No Defaults. 34 (r) Employee Matters. 34 (s) Intellectual Property. 35 (t) Environmental Matters. 35 (u) ERISA Matters. 35 (v) FDA Matters. 35 12. AFFIRMATIVE COVENANTS. 35 (a) Maintenance of Records. 35 (b) Notices. 36 (c) Compliance with Laws and Maintenance of Permits. 37 (d) Inspection, Audits and Appraisals. 37 (e) Insurance. 38 (f) Collateral. 39 (g) Use of Proceeds. 40 (h) Taxes. 40 (i) Intellectual Property. 40 (j) Checking Accounts and Cash Management Services. 40 (k) Patriot Act Notice. 41 13. NEGATIVE COVENANTS. 41 (a) Guaranties. 41 (b) Indebtedness; Operating Leases. 41 (c) Liens. 41 (d) Mergers, Sales, Acquisitions, Subsidiaries and Other Transactions Outside the Ordinary Course of Business. 41 (e) Dividends and Distributions. 42 (f) Investments; Loans. 42 (g) Fundamental Changes, Line of Business. 42 (h) Equipment. 42 (i) Affiliate Transactions. 42 (j) Settling of Accounts. 43 (k) Other Restricted Payments and Amendments. 43 14. FINANCIAL COVENANTS. 43 (a) Funded Debt to EBITDA. 43 (b) Capital Expenditures 43 (c) Fixed Charge Coverage Ratio. 44 15. DEFAULT. 44 (a) Payment. 44 (b) Breach of this Agreement and the Other Agreements. 44 (c) Breaches of Other Obligations. 44 (d) Breach of Representations and Warranties. 44
Collateral Availability and Financial Reports and Schedules. (a) Borrowing Base Reports. ---------------------- Borrower shall deliver to Agent an executed borrowing base report and certificate in Agent's then current form on or before the tenth (10th) day of each month, provided, that at any time that the lesser of the Revolving Loan Limit and the Maximum Revolving Loan Limit exceeds the sum of the outstanding principal balance of the Revolving Loans plus Letter of Credit Obligations by less than Five Million Dollars ($5,000,000), Borrower shall deliver such borrowing base report and certificate on a weekly basis on Monday of each week, which report and certificate shall be accompanied by copies of Borrower's sales journal, cash receipts journal and credit memo journal for the relevant period. In addition, Borrower may deliver Borrowing Base Certificates more often in its discretion. Such report shall reflect the activity of Borrower with respect to Accounts for the immediately preceding week, and shall be in a form and with such specificity as is satisfactory to Agent and shall contain such additional information concerning Accounts and Inventory as may be requested by Agent including, without limitation, but only if specifically requested by Agent, copies of all invoices prepared in connection with such Accounts.
Collateral Availability and Financial Reports and Schedules. (a) Daily/Weekly Reports. The Borrowers shall deliver to Agent (if required by Agent) an executed daily loan report and certificate on Agent's then-current form on each day on which a Borrower requests a Revolving Loan, and in any event not less frequently than weekly, unless otherwise required by Agent, which shall be accompanied by copies of the Borrowers' sales journal, cash receipts journal and credit memo journal for the relevant period. Such report shall reflect the activity of the Borrowers with respect to Accounts for the immediately preceding week, and shall be in a form and with such specificity as is satisfactory to Agent and shall contain such additional information concerning Accounts and Inventory as may be requested by Agent including, without limitation, but only if specifically requested by Agent, copies of all invoices prepared in connection with such Accounts.
Collateral Availability and Financial Reports and Schedules. Borrowing Base Certificate and Periodic Reports.
Collateral Availability and Financial Reports and Schedules. (a) Borrowing Base Certificates and Weekly Reports. Borrowers shall deliver to Lender an executed loan report and borrowing base certificate in Lender's then current form once every seven (7) days (or more frequently, if so required by Lender in its sole discretion), which shall be calculated as of the last Business Day of the prior week (or as of such other day, if more frequent submissions are required by Lender) and be accompanied by copies of the existing corresponding sales journal, cash receipts journal and credit memo journal of each Borrower for the relevant period. Such report shall separately reflect the activity of each such Borrower with respect to Accounts for the immediately preceding week, and shall be in a form and with such specificity as is satisfactory to Lender and shall contain such additional information concerning Accounts as may be requested by Lender including, without limitation, but only if specifically requested by Lender, copies of all invoices prepared in connection with such Accounts.
Collateral Availability and Financial Reports and Schedules. 31 (a) Daily Reports 31 (b) Monthly Reports 32 (c) Financial Statements 32 (d) Annual Projections 33 (e) Explanation of Budgets and Projections 33 (f) Public Reporting 33 (g) Other Information 33 10. TERMINATION; AUTOMATIC RENEWAL 33 11. REPRESENTATIONS AND WARRANTIES 34 (a) Financial Statements and Other Information 34 (b) Locations 35 (c) Loans by Companies 35 (d) Accounts and Inventory 35 (e) Liens 35 (f) Organization, Authority and No Conflict 35 (g) Litigation 37 (h) Compliance with Laws and Maintenance of Permits 37 (i) Affiliate Transactions 37 (j) Names and Trade Names 37 (k) Equipment 37 (l) Enforceability 38 (m) Solvency 38 (n) Indebtedness 38 (o) Margin Security and Use of Proceeds 38 (p) Parent, Subsidiaries and Affiliates 38 (q) No Defaults 38 (r) Employee Matters 39 (s) Intellectual Property 39 (t) Environmental Matters 39 (u) ERISA Matters 40 (v) Related Agreements 40 (w) Industrial Revenue Bonds 40
