Common use of Collateral Reports Clause in Contracts

Collateral Reports. Concurrent with the execution of this Agreement by Borrower and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct, containing (i) a current detailed aging, by total and by Customer, of Borrower’s Accounts, (ii) a current detailed aging, by total and by vendor, of Borrower’s accounts payable, and (iii) a detailed report of Borrower’s Inventory, setting forth the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. At Lender’s request, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and such other information with respect to the Collateral, Borrower or Borrower’s business or financial condition as Lender may reasonably request.

Collateral Reports. Concurrent with the execution of this Agreement by Borrower Borrowers and concurrent with each request for a loan pursuant to Section 2(a), but and no less frequently than as required by Item 26 of the Schedule, Borrower Borrowers’ Agent shall deliver to Lender Agent a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Officer, Chief Financial Officer Officer, Treasurer or Controller of Borrower Borrowers’ Agent as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower Borrowers’ Agent shall provide a to Agent (x) a copy of the Specified Customer Scorecard, and (y) a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by LenderAgent (including a spreadsheet in form and substance satisfactory to Agent setting forth shipment tracking information with respect to all outstanding shipments of Eligible In-Transit Inventory and all outstanding shipments of Inventory sold to the Specified Customer). Borrower Borrowers shall ensure that Agent has all information necessary to electronically access shipping information provided by any carrier or provider of Specified Customer Inventory, including providing Agent with updates to such information as may from time to time be necessary. Borrowers’ Agent shall deliver to Lender Agent within ten (10) days after the end of each month a report, reflecting the status as of the end of each month and certified by the Chief Executive Officer or Officer, Chief Financial Officer Officer, Treasurer or Controller of Borrower Borrowers’ Agent as being true and correct, containing (i) a current detailed aging, by total and by Customer, of Borrower’s Borrowers’ Accounts, (ii) a current detailed aging, by total and by vendor, of Borrower’s Borrowers’ accounts payable, and (iii) a detailed report of Borrower’s Borrowers’ Inventory, setting forth the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to LenderAgent. Borrower Borrowers will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s Borrowers’ records to reflect the results of the count and deliver to Lender Agent monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender Agent may require. At LenderAgent’s request, Borrower Borrowers shall conduct such physical inventory counts and deliver such information more or less often than described above and such other information with respect to the Collateral, Borrower Borrowers or Borrower’s Borrowers’ business or financial condition as Lender Agent may reasonably request.

Collateral Reports. (i) Concurrent with the execution of this Agreement by Borrower the Obligors and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 25 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. . (ii) Borrower shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct, containing (iA) a copy of Borrower's internal audit report for such month, (B) a current detailed aging, by total and by Customerstore, of Borrower’s 's Accounts, together with an aging of all Accounts by Customer for Borrower's three largest stores (iibased on gross revenue for the twelve-month period most recently ended)) (and, upon Lender's request, Borrower shall provide a detailed aging for all Customers), (C) a current detailed aging, by total and by vendor, of Borrower’s 's accounts payable, and (iiiD) a detailed report of Borrower’s 's Inventory, setting forth the quantity, type and cost thereof, and an aging thereof, (E) a bank reconciliation, (F) a vehicle repossession recovery analysis, and (G) a copy of all cancelled checks relating to payments of taxes deferred in connection with Parent's bankruptcy reorganization plan, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. . (iii) Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s 's records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. . (iv) At Lender’s 's request, Borrower shall conduct such physical inventory counts counts, and the Obligors deliver such the information contemplated by this Section 9, more or less often than described above herein and such other information with respect to the Collateral, Borrower any Obligor or Borrower’s any Obligor's business or financial condition as Lender may reasonably request.

Collateral Reports. Concurrent with the execution of this Agreement by Borrower Borrowers and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Schedule, Borrower Borrowers shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower Datrek as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower Borrowers shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower Borrowers shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower Datrek as being true and correct, containing (i) a current detailed aging, by total and by Customer, of Borrower’s Borrowers’ Accounts, (ii) a current detailed aging, by total and by vendor, of Borrower’s Borrowers’ accounts payable, and (iii) a detailed report of Borrower’s Borrowers’ Inventory, setting forth the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower Borrowers will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s Borrowers’ records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. At Lender’s request, Borrower Borrowers shall conduct such physical inventory counts and deliver such information more or less often than described above and such other information with respect to the Collateral, Borrower Borrowers or Borrower’s Borrowers’ business or financial condition as Lender may reasonably request.

Collateral Reports. Concurrent with By the execution of this Agreement by Borrower and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end 20th day of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower at such other times as being true Agent may request, Borrowers shall deliver to Agent (and correct, containing Agent shall promptly deliver same to Lenders) (i) a current detailed agingBorrowing Base Certificate prepared as of the close of business of the previous month (provided that the NOLV Percentage to be applied to the Value of Eligible Inventory and the appraisal percentage used to determine the value of Gross Contract Payments shall be the applicable NOLV Percentage or appraisal percentage, as applicable, set forth in the most recent appraisal delivered to Agent for (x) the month in which the Borrowing Base Certificate is delivered or (y) the immediately succeeding month during such period of such immediately succeeding month pending delivery of a new Borrowing Base Certificate) (provided, that Borrowing Base Certificates shall be delivered weekly by total the third Business Day of each week during an Increased Reporting Period; provided further, that the calculation of contracts not qualifying as Eligible Contracts, the CAI Availability Reserve and CCI Availability Reserve shall be provided by Customer, of Borrower’s AccountsBorrower on a monthly basis at all times), (ii) a current detailed agingan aggregate list of Borrowers’ Contracts, by total aged in 30 days contractual delinquency intervals and by vendor, of Borrower’s accounts payable, and separately identifying the revolving Contracts; (iii) a detailed calculation of the Past Due Percent, the Cash Recovery Percent, Collateral Adjustment Percentage, the Charge-Off Percent; the Eligible Contracts, the Eligible Inventory, the Eligible Credit Card Accounts; (iv) an Inventory turn report of Borrowers’ Inventory; (v) a listing of each Borrower’s InventoryInventory by location, setting forth specifying the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values amount of Inventory at each location; (vi) the summary balances of Borrowers’ Contract portfolio and delinquent balances of such location, in such form as Lender may require. At Lender’s request, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and portfolio; (vii) such other information with respect reports as to the Collateral of Borrower as Agent shall reasonably request from time to time, together with a reconciliation to the general ledger; and (viii) a certificate of an officer of Borrower Agent certifying as to the accuracy and completeness of the foregoing. All calculations of Availability in any Borrowing Base Certificate shall originally be made by Borrowers and certified by a Senior Officer, provided that Agent may from time to time review and adjust any such calculation (a) to reflect its reasonable estimate of declines in value of any Collateral, Borrower due to collections received in the Dominion Account or Borrower’s business otherwise; (b) to adjust advance rates to reflect changes in dilution, quality, mix and other factors affecting Collateral; and (c) to the extent the calculation is not made in accordance with this Agreement or financial condition as Lender may reasonably requestdoes not accurately reflect the CAI Availability Reserve or CCI Availability Reserve.

Collateral Reports. Concurrent with Borrower shall deliver to Foothill, as soon as they are available, but in no event later than Tuesday of each week during the execution term of this Agreement Agreement, a detailed aging, by total, of the Accounts of the Borrower and its Subsidiaries and a reconciliation statement, each updated through the preceding Friday, and, as soon as they are available, but in no event later than Tuesday of each week during the term of this Agreement, a summary aging, by vendor, of all accounts payable, (such summary aging to include a specific itemization of the amount of accounts payable due and owing to Lien Creditors with respect to which Borrower or any of its Subsidiaries has obtained letters of credit to secure the repayment of sums due an owing to such Lien Creditors from time to time), and any book overdraft, each updated through the preceding Friday. Original sales invoices evidencing daily sales shall be mailed by Borrower to each Account Debtor with, at Foothill’s request, a copy to Foothill, and, at Foothill’s direction from and concurrent with each after and during the continuation of an Event of Default, the invoices shall indicate on their face that the Account has been assigned to Foothill and that all payments are to be made directly to Foothill. Borrower shall deliver to Foothill, as Foothill reasonably may from time to time require, collection reports, sales journals, invoices, original delivery receipts, customer’s purchase orders, shipping instructions, bills of lading, and other documentation respecting shipment arrangements. Absent such a request by Foothill, copies of all such documentation shall be held by Borrower as custodian for a loan pursuant Foothill. In addition, from time to Section 2(a), but no less frequently than as required by Item 26 of the Scheduletime, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer Foothill such other and additional information or Chief Financial Officer of Borrower documentation as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender within ten Foothill reasonably may request.” (10m) days after the end of each month a report, reflecting the status as Section 6.4 of the end of each month Loan Agreement is hereby amended by amending and certified by restating the Chief Executive Officer or Chief Financial Officer of Borrower first paragraph thereof in its entirety as being true and correct, containing (i) a current detailed aging, by total and by Customer, of Borrower’s Accounts, (ii) a current detailed aging, by total and by vendor, of Borrower’s accounts payable, and (iii) a detailed report of Borrower’s Inventory, setting forth the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. At Lender’s request, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and such other information with respect to the Collateral, Borrower or Borrower’s business or financial condition as Lender may reasonably request.follows:

Collateral Reports. Concurrent with By the execution of this Agreement by Borrower and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end 15th day of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower at such other times as being true Agent may request, Borrowers shall deliver to Agent (and correct, containing Agent shall promptly deliver same to Lenders) (i) a current detailed agingBorrowing Base Certificate prepared as of the close of business of the previous month (provided that the NOLV Percentage to be applied to the Value of Eligible Inventory and the appraisal percentage used to determine the value of Gross Contract Payments shall be the applicable NOLV Percentage or appraisal percentage, as applicable, set forth in the most recent appraisal delivered to Agent for (x) the month in which the Borrowing Base Certificate is delivered or (y) the immediately succeeding month during such period of such immediately succeeding month pending delivery of a new Borrowing Base Certificate) (provided, that Borrowing Base Certificates shall be delivered weekly during a Increased Reporting Period; provided further, that the calculation of contracts not qualifying as Eligible Contracts, the CAI Availability Reserve and CCI Availability Reserve shall be provided by total and by Customer, of Borrower’s AccountsBorrower on a monthly basis at all times), (ii) a current detailed agingan aggregate list of Borrowers’ Contracts, by total aged in 30 days contractual delinquency intervals and by vendor, of Borrower’s accounts payable, and separately identifying the revolving Contracts; (iii) a detailed calculation of the Past Due Percent, the Cash Recovery Percent, Collateral Adjustment Percentage, the Charge-Off Percent; the Eligible Contracts, the Eligible Inventory, the Eligible Credit Card Accounts; (iv) an Inventory turn report of Borrowers’ Inventory; (v) a listing of each Borrower’s InventoryInventory by location, setting forth specifying the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values amount of Inventory at each location; (vi) the summary balances of Borrowers’ “primary portfolio” and “secondary portfolio” (as such location, portfolios are described in Parent’s SEC filings) and delinquent balances of each such form as Lender may require. At Lender’s request, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and portfolio; (vii) such other information with respect reports as to the Collateral of Borrower as Agent shall reasonably request from time to time, together with a reconciliation to the general ledger; and (viii) a certificate of an officer of Borrower Agent certifying as to the accuracy and completeness of the foregoing. All calculations of Availability in any Borrowing Base Certificate shall originally be made by Borrowers and certified by a Senior Officer, provided that Agent may from time to time review and adjust any such calculation (a) to reflect its reasonable estimate of declines in value of any Collateral, Borrower due to collections received in the Dominion Account or Borrower’s business otherwise; (b) to adjust advance rates to reflect changes in dilution, quality, mix and other factors affecting Collateral; and (c) to the extent the calculation is not made in accordance with this Agreement or financial condition as Lender may reasonably requestdoes not accurately reflect the CAI Availability Reserve or CCI Availability Reserve.

Collateral Reports. Concurrent with the execution of this Agreement by Borrower and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 24 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender within ten fifteen (1015) days after the end of each month a report, reflecting the status as of the end of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct, containing (i) a current detailed agingschedule (which may be electronic so long as it is in a format reasonably accessible by Lender) of all Insurance Policies and the Commissions payable in connection therewith, by total segregated based on whether the Insurance Company is a Level 1 Insurance Company, a Level 2 Insurance Company or otherwise, and by Customer, of Borrower’s Accountswhether the Insurance Policy constitutes a Group One Policy or a Group Two Policy or otherwise, (ii) a schedule detailing new Insurance Policies issued, Insurance Policies which have been renewed, Insurance Policies which have expired and which not been renewed and Insurance Policies which have been cancelled since the last such report, segregated based on whether the Insurance Company is a Level 1 Insurance Company, a Level 2 Insurance Company or otherwise, and whether the Insurance Policy constitutes a Group One Policy or a Group Two Policy or otherwise, (iii) a summary of the retention and loss rates for Insurance Companies representing at least 85% of Borrower's revenue from Commissions, (iv) a current detailed aging, by total and by vendor, of Borrower’s 's accounts payable, (v) a copy of all material correspondence relating to Insurance Policies, Commissions and/or any other Collateral (e.g., terminations of or amendments to Agency Agreements, decreases in Commissions payable to Borrower and errors and omissions claims), and (iiivi) a detailed report of Borrower’s Inventoryschedule detailing all amounts received by Borrower directly from Policy Holders (as opposed to Insurance Companies), setting which schedule shall set forth the quantity, type amounts allocated to premiums and cost thereofto Commissions, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. At Lender’s 's request, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and such other information with respect to the Collateral, Borrower or Borrower’s 's business or financial condition as Lender may reasonably request.

Collateral Reports. Concurrent with the execution of this Agreement by Borrower and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender on the first day of each week a detailed report of Borrower’s Inventory, setting forth the quantity, type, cost and location thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct, containing (i) a current detailed aging, by total and by Customer, of Borrower’s Accounts, and (ii) a current detailed aging, by total and by vendor, of Borrower’s accounts payable, and (iii) a detailed report of Borrower’s Inventory, setting forth the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. At Lender’s request, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and such other information with respect to the Collateral, Borrower or Borrower’s business or financial condition as Lender may reasonably request.

Collateral Reports. Concurrent with If the execution average Excess Availability (measured on a month-end basis for the immediately preceding calendar month) is at least $7,500,000 and no Event of this Agreement by Borrower Default has occurred and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Scheduleis continuing, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by Foothill, as soon as they are available, but in no event later than the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery fifteenth (15th) day of each month during the term of this Agreement, a detailed aging, by total, of the Accounts of the Borrower and its Subsidiaries and a reconciliation statement, and, as soon as they are available, but in no event later than the thirtieth (30th) day of each month during the term of this Agreement, a summary aging, by vendor, of all accounts payable, (such Borrowing Base Certificatesummary aging to include a specific itemization of the amount of accounts payable due and owing to Lien Creditors with respect to which Borrower or any of its Subsidiaries has obtained letters of credit to secure the repayment of sums due an owing to such Lien Creditors from time to time), and any book overdraft. If the average Excess Availability (measured on a month-end basis for the immediately preceding calendar month) is less than $7,500,000 or an Event of Default has occurred and is continuing, Borrower shall provide deliver such reports, statements, and summaries to Foothill on a written report weekly basis, as soon as they are available, but in no event later than 15 Business Days after the end of each week to Lender which such reports, statements, and summaries relate, during the term of this Agreement. Original sales invoices evidencing daily sales shall be mailed by Borrower to each Account Debtor with, at Foothill’s request, a copy to Foothill, and, at Foothill’s direction from and after and during the continuation of an Event of Default, the invoices shall indicate on their face that the Account has been assigned to Foothill and that all materially significant returns, disputes and claims, together with sales and other reports relating payments are to the Accounts and Inventory as required by Lenderbe made directly to Foothill. Borrower shall deliver to Lender within ten (10) days after the end Foothill, as Foothill reasonably may from time to time require, collection reports, sales journals, invoices, original delivery receipts, customer’s purchase orders, shipping instructions, bills of each month lading, and other documentation respecting shipment arrangements. Absent such a reportrequest by Foothill, reflecting the status as copies of the end of each month and certified all such documentation shall be held by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correctcustodian for Foothill. In addition, containing (i) a current detailed aging, by total and by Customer, of Borrower’s Accounts, (ii) a current detailed aging, by total and by vendor, of Borrower’s accounts payable, and (iii) a detailed report of Borrower’s Inventory, setting forth the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable from time to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. At Lender’s requesttime, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and to Foothill such other and additional information with respect to the Collateral, Borrower or Borrower’s business or financial condition documentation as Lender Foothill reasonably may reasonably request.

Collateral Reports. Concurrent with By the execution of this Agreement by Borrower and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end 15th day of each month and certified by at such other times as Agent may reasonably request, but in any event at such times as the Chief Executive Officer or Chief Financial Officer of Borrower as being true Borrowing Base Certificate is delivered under the ABL Credit Agreement, Borrowers shall deliver to Agent (and correct, containing Agent shall promptly deliver same to Lenders) (i) a current detailed agingBorrowing Base Certificate prepared as of the close of business of the previous month (provided that the NOLV Percentage to be applied to the Value of Eligible Inventory and the appraisal percentage used to determine the Value of Eligible Contracts shall be the applicable NOLV Percentage or appraisal percentage, as applicable, set forth in the most recent appraisal delivered to Agent for (x) the month in which the Borrowing Base Certificate is delivered or (y) the immediately succeeding month during such period of such immediately succeeding month pending delivery of a new Borrowing Base Certificate) (provided further, that Borrowing Base Certificates shall be delivered weekly during a Increased Reporting Period, on Wednesday of each week or, if Wednesday is not a Business Day, on the next succeeding Business Day, as of the close of business on the immediately preceding Sunday); provided further, that the calculation of contracts not qualifying as Eligible Contracts shall be provided by total and by Customer, of Borrower’s AccountsBorrower on a monthly basis at all times), (ii) a current detailed agingan aggregate list of Borrowers’ Contracts, by total aged in 30 days contractual delinquency intervals and by vendor, of Borrower’s accounts payable, and separately identifying the revolving Contracts; (iii) a detailed calculation of the Past Due Percent (as defined in the ABL Credit Agreement), the Cash Recovery Percent, Collateral Adjustment Percentage (as defined in the ABL Credit Agreement), the Charge-Off Percent (as defined in the ABL Credit Agreement), the Eligible Contracts, the Eligible Inventory, the Eligible Credit Card Accounts and the Eligible Real Estate; (iv) an Inventory turn report of Borrowers’ Inventory; (v) a listing of each Borrower’s InventoryInventory by location, setting forth specifying the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values amount of Inventory at each location; (vi) the summary balances of Borrowers’ “primary portfolio” and “secondary portfolio” (as such location, portfolios are described in Parent’s SEC filings) and delinquent balances of each such form as Lender may require. At Lender’s request, Borrower shall conduct such physical inventory counts portfolio; (vii) any updates to Borrowers’ Credit and deliver such information more or less often than described above and Collection Guidelines; (viii) the reports set forth on Schedule 8.1 hereof; (ix) such other information with respect reports as to the Collateral of Borrower as Agent shall reasonably request from time to time, together with a reconciliation to the general ledger; and (x) a certificate of an officer of Borrower Agent certifying as to the accuracy and completeness of the foregoing. Upon the request of Agent, Borrowers shall deliver to Agent (and Agent shall promptly deliver same to Lenders) a copy of the “screen shot” showing Availability (after giving effect to any Revolving Loans made and Letters of Credit issued under the ABL Credit Agreement) as reflected on the ABL Agent’s system. All calculations of Availability in any Borrowing Base Certificate shall originally be made by Borrowers and certified by a Senior Officer, provided that Agent may from time to time review and adjust any such calculation (a) to reflect its reasonable estimate of declines in value of any Collateral, Borrower due to collections received in the Dominion Account or Borrower’s business otherwise; (b) to adjust advance rates to reflect changes in dilution, quality, mix and other factors affecting Collateral; and (c) to the extent the calculation is not made in accordance with this Agreement or financial condition does not accurately reflect the Term Loan Borrowing Base Reserve (as Lender may reasonably requestdefined in the ABL Credit Agreement).

Collateral Reports. Concurrent with the execution of this Agreement by Borrower and concurrent with each request for a loan pursuant to Section 2(a), but no less frequently than as required by Item 26 of the Schedule, Borrower shall deliver to Lender a fully completed Borrowing Base Certificate certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct. Concurrent with the delivery of each such Borrowing Base Certificate, Borrower shall provide a written report to Lender of all materially significant returns, disputes and claims, together with sales and other reports relating to the Accounts and Inventory as required by Lender. Borrower shall deliver to Lender within ten (10) days after the end of each month a report, reflecting the status as of the end of each month and certified by the Chief Executive Officer or Chief Financial Officer of Borrower as being true and correct, containing (i) a current detailed aging, by total and by Customer, of Borrower’s 's Accounts, (ii) a current detailed aging, by total and by vendor, of Borrower’s 's accounts payable, and (iii) a detailed report of Borrower’s 's Inventory, setting forth the quantity, type and cost thereof, all of which shall be set forth in a form and shall contain such information as is acceptable to Lender. Borrower will also conduct a physical inventory count no less frequently than annually, adjust Borrower’s 's records to reflect the results of the count and deliver to Lender monthly a list of locations of Inventory and the types and values of Inventory at each such location, in such form as Lender may require. At Lender’s 's request, Borrower shall conduct such physical inventory counts and deliver such information more or less often than described above and such other information with respect to the Collateral, Borrower or Borrower’s 's business or financial condition as Lender may reasonably request.