INVESTOR REPORTS. (a) The Security Group Agent shall, with each set of Financial Statements required by Paragraph 1 (Financial Statements) of this Part 1 (Information Covenants) of Schedule 2 (Security Group Covenants), supply, to the Security Trustee, each PP Noteholder, the Initial ACF Agent and any other Facility Agent, the Hedge Counterparties, the Rating Agencies and the Bond Trustee in sufficient copies for all of the relevant Secured Creditors (other than the Bondholders) and each other Secured Creditor, an Investor Report. (b) Each Investor Report must include: (i) the ratios set out in Paragraph 2 (Financial Ratios) of Part 2 (Financial Information) of this Schedule 2 (Security Group Covenants) and calculations thereof in reasonable detail; (ii) a general update of the status of the business; (iii) confirmation of the amount of any Restricted Payment made since the date of the previous Investor Report; and (iv) confirmation that: (A) the Investor Report is accurate in all material respects; (B) no Default or Trigger Event has occurred and is continuing, or if a Default or Trigger Event has occurred and is continuing, steps (which shall be specified) are being taken to remedy such Default or Trigger Event; and (C) the Security Group is in compliance with the Hedging Policy.
Appears in 2 contracts
Sources: Amendment and Restatement Deed, Common Terms Agreement
INVESTOR REPORTS. β
(a) The Security Group Agent shall, with each set of Financial Statements required by Paragraph 1 (Financial Statements) of this Part 1 (Information Covenants) of Schedule 2 (Security Group Covenants), supply, to the Security Trustee, each PP Noteholder, the Initial ACF Agent and any other Facility Agent, the Hedge Counterparties, the Rating Agencies and the Bond Trustee in sufficient copies for all of the relevant Secured Creditors (other than the Bondholders) and each other Secured Creditor, an Investor Report.
(b) Each Investor Report must include:
(i) the ratios set out in Paragraph 2 (Financial Ratios) of Part 2 (Financial Information) of this Schedule 2 (Security Group Covenants) and calculations thereof in reasonable detail;
(ii) a general update of the status of the business;
(iii) confirmation of the amount of any Restricted Payment made since the date of the previous Investor Report; and
(iv) confirmation that:
(A) the Investor Report is accurate in all material respects;
(B) no Default or Trigger Event has occurred and is continuing, or if a Default or Trigger Event has occurred and is continuing, steps (which shall be specified) are being taken to remedy such Default or Trigger Event; and
(C) the Security Group is in compliance with the Hedging Policy.
Appears in 1 contract
Sources: Amendment and Restatement Deed