Common use of Information Furnished Clause in Contracts

Information Furnished. Borrower will furnish to Bank: (a) Within sixty (60) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty (120) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) Such other financial statements and information as Bank may reasonably request from time to time; (d) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower in form acceptable to Bank, certifying that no Event of Default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreement; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decided (g) Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty Forty-Five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Qconsolidated, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its consolidated, unaudited consolidated and consolidating income and expense statement with supportive schedules and for the fiscal quarter then ended, its consolidated, audited statement of retained earnings cash flows for that the fiscal quarterquarter then ended, and a consolidated, unaudited statement of changes in stockholders' equity (deficit) for the fiscal quarter then ended, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty Ninety (12090) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) Such other financial statements and information as Bank may reasonably request from time to time; (d) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower in form acceptable to Bank, certifying that no Event of Default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreement; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a Material Adverse Effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a Material Adverse Change in its financial condition or operations; (gd) Promptly after the filing thereof, copies of all reports and all registration statements filed by or on behalf of the Borrower with the Securities and Exchange Commission or any national securities exchange, excluding filings on Form S-8 (or any successor form) and any other filing solely in respect of stock option plans of the Borrower; (e) In connection with each financial statement provided hereunder, a statement executed by the chief financial officer of Borrower, certifying that no default has occurred and no event exists which with notice or the lapse of time, or both, would constitute an Event of Default; (f) Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and name or in the location of Borrower's assets, principal place of business or chief executive office. (g) Promptly after its occurrence written notice to Bank of any litigation awarded or judgement against Borrower in excess of One Million Dollars ($1,000,000).

Information Furnished. Borrower will furnish to Bank: (a) Within sixty forty five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty (120) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) Such other financial statements and information as Bank may reasonably request from time to timetime including financial statements and information related to affiliates (including joint ventures) with respect to which Borrower holds at least a 20% interest or cumulative investment greater than $250,000; or otherwise exercises a controlling interest; (d) In connection with each financial statement provided hereunder, a statement executed by the chief financial officer of Borrower in form acceptable to BankBorrower, certifying that no Event event of Default default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event event of Default hereunder and certifying compliance with all covenants under this Agreementdefault hereunder; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower▇▇▇▇▇▇▇▇'s certified public accountants; (f) Within forty five (45) days after each fiscal quarter, a certification of compliance with all covenants under this Agreement, executed by ▇▇▇▇▇▇▇▇'s chief financial officer of Borrower, in form acceptable to Bank; (g) Prompt written notice to Bank of all events of default under any of the terms or of provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a material adverse effect on Borrower's financial condition, and of any other matter which has resulted in, or is likely to result in, a material adverse change in it financial condition or operations. (gh) Prior written notice to Bank of any changes in Borrower▇▇▇▇▇▇▇▇'s officers and other senior management; Borrower▇▇▇▇▇▇▇▇'s name; and location of Borrower's assets, principal place of business or chief executive office.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty forty-five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its Borrower's and each Pledgor's unaudited consolidated and consolidating balance sheet sheets as of the close of such fiscal quarter, its and unaudited consolidated and consolidating income and expense statement statements with supportive schedules and statement statements of retained earnings for that such fiscal quarter, in each case prepared in accordance with generally accepted accounting principlesprinciples and accompanied by a consolidating schedule; (b) Within one hundred twenty ninety (12090) days after the close of each fiscal year, its Form 10K, a copy of its Borrower's consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, and its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, Bank in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous yearyears, accompanied by an unaudited consolidating schedule; (c) As soon as available, copies of such financial statements and reports as Borrower may file with any state or federal agency, including its 10-K and 10-Q reports; (d) Such other financial statements and information as Bank may reasonably request from time to time; (de) In connection with each financial statement provided hereunder, a statement executed by the president or chief financial officer of Borrower in form acceptable to Bank, certifying that no Event of Default default has occurred and no event exists which with notice or of the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreementa default hereunder; (ef) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decided (g) Prior written notice to Bank Within forty-five (45) days after each fiscal quarter, a certification of any changes in compliance with all covenants under this Agreement, executed by Borrower's officers and chief financial officer or other senior management; Borrower's name; and location duly authorized officer of Borrower's assets, principal place of business or chief executive office.in form acceptable to Bank;

Information Furnished. Borrower will furnish to Bank: (a) Within sixty forty five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principlesprinciples and a copy of its 10-Q report as soon as it becomes available; (b) Within one hundred twenty ninety (12090) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous yearyear and a copy of its 10-K report and annual report as they become available; (c) Such other financial statements and information as Bank may reasonably request from time to time; (d) In connection with each financial statement provided hereunder, a statement executed by the president or chief financial officer or controller of Borrower in form acceptable to BankBorrower, certifying that no Event of Default default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreementa default hereunder; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; (g) Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty Fifty (6050) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty Fifty (50) days after each fiscal quarter, a certification of compliance with all covenants under this Agreement, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank; (c) Within One Hundred Twenty (120) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its consolidated balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (cd) Such other financial statements and information as Bank may reasonably request from time to time; (d) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower in form acceptable to Bank, certifying that no Event of Default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreement; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; and (g) Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty thirty (6030) days after the close of each fiscal quartermonth, except for the final quarter month of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarterfinancial month, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quartermonth, prepared in accordance with generally accepted accounting principles. Beginning with the fiscal month ended September 30, 1997, and for each month thereafter (except for the final month of each fiscal year), the foregoing financial information shall include the results of each of its international joint venture affiliates, in its reporting of financial results to Bank prepared in accordance in generally accepted accounting principles. Prior thereto, Borrower will provide only such information with respect to its international joint venture affiliates as to which Bank and Borrower may mutually agree; (b) Within one hundred twenty (120) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous fiscal year; (c) As soon as available copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns; (d) Such other financial statements and information as Bank may reasonably request from time to time; (de) In connection with Within thirty (30) days after the close of each financial statement provided hereunderfiscal month and within one hundred twenty (120) days after the close of each fiscal year, a statement executed by certificate of ▇▇▇▇▇▇▇▇'s president or chief financial officer of Borrower officer, in a form acceptable to Bank, (i) accurately reporting the components of the Borrowing Base described in subsection 1.3 hereinabove, including Borrower's Accounts and Eligible Accounts, (ii) certifying that no Event of Default has occurred and no event exists which with notice or the lapse of time, time or both, would result in an Event of Default hereunder and (iii) certifying compliance with all covenants under of the covenants, whether financial or otherwise, contained in this Agreement; (ef) In connection with each fiscal year-year end statement required hereunder, any management letter of Borrower▇▇▇▇▇▇▇▇'s certified public accountants; (fg) Prompt written notice to Bank of all events Events of default Default under any of the terms or provisions of this Agreement or and of any default under any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; and (gh) Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower▇▇▇▇▇▇▇▇'s name; and the location of Borrower's assets, principal place of business or chief executive office; and (i) Within thirty (30) days after the close of each calendar month, a copy of ▇▇▇▇▇▇▇▇'s summary aging of its Accounts. Borrower will permit Bank to audit, at Borrower's expense, Bank's collateral upon reasonable notice and during regular business hours.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty forty five (6045) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal [month/quarter], prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty days (120) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited a reviewed basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available, copies of such financial statements and reports as Borrower may file with any state or federal agency, including all state and federal income tax returns; (d) Such other financial statements and information as Bank may reasonably request from time to time; (de) In connection with each financial statement provided hereunder, a statement executed by the chief financial officer or the general partner of Borrower in form acceptable to BankBorrower, certifying that no Event of Default default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreementa default hereunder; (ef) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (fg) Within forty five (45) days after each fiscal quarter ending March, June and September and one hundred twenty days (120) days after each fiscal quarter ending December, a certification of compliance with all covenants under this Agreement, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank; (h) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; [and] (gi) Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty forty five (6045) days after the close of each fiscal quarter, except for the final fiscal quarter of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty ninety (12090) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available, copies of such financial statements and reports as Borrower may file with any state or federal agency, including all 1O-Q, 10-K, and other reports as filed with the Securities and Exchange Commission ("SEC"); (d) Such other financial statements and information as Bank may reasonably request from time to time; (de) In connection with each financial statement provided hereunder, a statement certification of compliance with all covenants under this Agreement, executed by Borrower's chief financial officer or other duly authorized officer of Borrower Borrower, in form acceptable to Bank, Bank including Borrower's statement certifying that no Event of Default default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreementa default hereunder; (ef) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (fg) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decided (g) Prior written notice decided adversely to Bank Borrower, would have a material adverse effect on Borrower's financial condition; and of any changes other matter which has resulted in, or is likely to result in, a material adverse change in Borrower's officers and other senior managementits financial condition or operations; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office.and

Information Furnished. Borrower Borrowers will furnish or cause Guarantor to furnish to Bank: (a) Within sixty forty-five (6045) days after the close of each of the first, second and third fiscal quarters, and ninety (90) days after the close of the fourth fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its Guarantor’s unaudited consolidating and consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidating and consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty ninety (12090) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating Guarantor’s statement of financial condition including at least its consolidated balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower Guarantor and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) As soon as available, copies of such financial statements and reports as Borrowers or Guarantor may file with any state or federal agency, including those filed with the Securities and Exchange Commission; (d) Such other financial statements and information as Bank may reasonably request from time to time; (de) In connection with each financial statement provided hereunder, a statement executed by chief financial officer the Chief Financial Officer or Vice President Treasury and Finance or Regional Controller of Borrower in form acceptable Borrowers, certifying, to Bankthe best of such person’s knowledge, certifying that no Event of Default default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default a default hereunder and certifying a certification, in form and detail acceptable to Bank, demonstrating that Borrowers are in compliance with all covenants under this Agreement; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (f) Prompt written notice to Bank of all material events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrowers or Guarantor, would have a material adverse effect on Borrowers’ or Guarantor’s financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; and (g) Prior written notice to Bank of any changes in Borrower's Borrowers’ or Guarantor’s officers and other senior management; Borrower's nameBorrowers’ or Guarantor’s names; and location of Borrower's Borrowers’ or Guarantor’s assets, principal place of business or chief executive office.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty Fifty (6050) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its unaudited consolidating and consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty One Hundred Twenty (120) days after the close of each fiscal year, its Form 10K, a copy of its consolidated and consolidating statement of financial condition including at least its consolidating and consolidated balance sheet as of the close of such fiscal year, its consolidating and consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year; (c) Such other financial statements and information as Bank may reasonably request from time to time; (d) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower in form acceptable to Bank, certifying that no Event of Default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event of Default hereunder and certifying compliance with all covenants under this Agreement; (e) In connection with each fiscal year-end statement required hereunder, any management letter of Borrower's certified public accountants; (e) Within Fifty (50) days after each fiscal quarter, a certification of compliance with all covenants under this Agreement, executed by Borrower's chief financial officer or other duly authorized officer of Borrower, in form acceptable to Bank; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; and (g) Prior written notice to Bank of any changes in Borrower's officers and other senior management; Borrower's name; and location of Borrower's assets, principal place of business or chief executive office.

Information Furnished. Borrower will furnish to Bank: (a) Within sixty (60) days after the close of each fiscal quarter, except for the final quarter of each fiscal year, its Form 10Q, its unaudited consolidated and consolidating balance sheet as of the close of such fiscal quarter, its unaudited consolidated and consolidating income and expense statement with supportive schedules and statement of retained earnings for that fiscal quarter, prepared in accordance with generally accepted accounting principles; (b) Within one hundred twenty (120100) days after the close of each fiscal year, its Form 10K, a copy of its consolidating financial statements and its consolidated and consolidating statement of financial condition including at least its balance sheet as of the close of such fiscal year, its consolidated and consolidating income and expense statement and retained earnings statement for such fiscal year, examined and prepared on an audited basis by independent certified public accountants selected by Borrower and reasonably satisfactory to Bank, in accordance with generally accepted accounting principles applied on a basis consistent with that of the previous year, except for any inconsistencies explained in such audit of the notes thereto. (c) As soon as available, copies of such financial statements and reports as Borrower may file with any state or federal agency; (cd) Such other financial statements and information as Bank may reasonably request from time to time; (de) In connection with each financial statement provided hereunder, a statement executed by chief financial officer of Borrower in form acceptable to BankBorrower, certifying that no Event of Default default has occurred and no event exists which with notice or the lapse of time, or both, would result in an Event a default hereunder; and a certification of Default hereunder and certifying compliance with all covenants under this the Agreement; (e) In connection with each fiscal year-end statement required hereunder, any management letter executed by Borrower's chief financial officer or other duly authorized officer of Borrower's certified public accountants, in form reasonably acceptable to Bank; (f) Prompt written notice to Bank of all events of default under any of the terms or provisions of this Agreement or of any other agreement, contract, document or instrument entered, or to be entered into with Bank; and of any litigation which, if decideddecided adversely to Borrower, would have a material adverse effect on Borrower's financial condition; and of any other matter which has resulted in, or is likely to result in, a material adverse change in its financial condition or operations; and (g) Prior written Written notice to Bank of any changes in Borrower's officers and other senior management; , and prior notice to Bank of any changes in Borrower's name; and , the location of Borrower's assets, or Borrower's principal place of business or chief executive office.