Common use of Reporting Covenant Required Complies Clause in Contracts

Reporting Covenant Required Complies. Monthly Financial Statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No Borrowing Base Certificate A/R & A/P Agings and Deferred Revenue Report Quarterly within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved Projections Annually within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(a) Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 $ Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIO, INC. By: Name: Title: BANK USE ONLY Received by: AUTHORIZED SIGNER Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No

Appears in 2 contracts

Samples: Loan and Security Agreement (Apptio Inc), Loan and Security Agreement (Apptio Inc)

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Reporting Covenant Required Complies. Accounts receivable agings and reconciliations, aged by invoice date, accounts payable agings and transaction report + BB Weekly and each time an Advance is made; unless during a Streamline Period then monthly Yes No Monthly Financial Statements company prepared financial statements in accordance with Compliance Certificate GAAP + CC + waterfall analysis Monthly within 30 days of month end Yes No Annual Plan (including income statements, balance sheets, and cash flow statements, each of the foregoing, by month) for the upcoming fiscal year As updated, but no later than 31 days after FYE. Yes No Annual financial statement (statements certified by, and with an unqualified opinion of, independent CPA Audited) + XX XXX Annually, within 180 days after FYE Yes No Borrowing Base Certificate A/R & A/P Agings and Deferred Revenue Report Bookings report Quarterly within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved Projections Annually within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion month end. Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis Quarterly Basis: Minimum Trailing Six Month EBITDA (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(aSchedule 1) :1.0 Yes No Lowest balance of cash during applicable measuring period Minimum Subscription and Support Revenue (See Schedule 1) $ 25,000,000 $ Yes No Streamline Period Applies Monthly Adjusted Quick Ratio Not less than 0.75:1.00 Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOYODLEE, INC. By: Name: Title: BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No

Appears in 2 contracts

Samples: Loan and Security Agreement (Yodlee Inc), Loan and Security Agreement (Yodlee Inc)

Reporting Covenant Required Complies. Monthly Financial Statements A/R and A/P agings, reconciliations and Transaction Report, deferred revenue schedule Monthly within 15 days Yes No Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No Borrowing Base Certificate A/R & A/P Agings and Deferred Revenue Report Quarterly within Annual projections 30 days if Borrower’s Cash is less than $25,000,000, if applicable after FYE Yes No Board Approved Projections Annually within 60 days Transaction Report (when no Advances outstanding) More frequent of fiscal year end weekly or with each request for the following fiscal year an Advance Yes No 409(A) Valuation Report 10-Q, 10-K and 8-K Within 30 5 days of completion after filing with SEC Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis at all times, measure as indicated: Minimum Liquidity (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(aat all times) Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 6,000,000 $ Yes No The following financial covenant analyses Minimum Fixed Charge Coverage Ratio (tested monthly) ** :1.0 Yes No Minimum Profitability (tested monthly; rolling 3-month basis) $ 1.00 $ Yes No ** Period Minimum FCCR Effective Date through September 30, 2010 1.10:1.00 October 1, 2010 through December 31, 2010 1.25:1.00 January 1, 2011 and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. thereafter 1.50:1.00 The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOThe following analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. ADVANCED BIOHEALING, INC. By: Name: Title: BANK BANK’S USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No:

Appears in 2 contracts

Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc)

Reporting Covenant Required Complies. Monthly Financial Statements financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days (for FYE December 31, 2012, on or before July 31, 2013) Yes No Borrowing Base Certificate 10-Q, 10-K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings (including EXIM), inventory reports and Deferred Revenue Report Quarterly Borrowing Base Certificate Monthly within 15 days (quarterly within 15 days if no outstanding Credit Extensions) Yes No Transaction Reports 15th and last Business Day and with each request for a Credit Extension Yes No Invoices for 10% of outstanding balance of EXIM A/R Within 15 days after the end of each quarter Yes No Projections FYE within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved Projections Annually within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis as indicated: Liquidity (only if not complying with minimum at all times, certified monthly) $3,000,000 $_______ Yes No Adjusted Free Cash covenant): Minimum Bookings Flow (quarterly) * $_______ Yes No * See Section 6.7(a6.9(b) Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 $ Yes No the Loan and Security Agreement The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”) The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOAspen Aerogels, INC. By: Name: Title: Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No

Appears in 2 contracts

Samples: Loan Modification Agreement (Aspen Aerogels Inc), Loan Modification Agreement (Aspen Aerogels Inc)

Reporting Covenant Required Complies. Monthly Financial Statements financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 120 days Yes No Borrowing Base Certificate 10-Q, 10-K and 8-K Within 5 days after filing with SEC Yes No Transaction Reports Monthly within 30 days** A/R & A/P Agings and Deferred Revenue Report Quarterly Agings, reconciliations Monthly within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved Projections Annual operating budget and projections Annually within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within no later than 30 days of completion prior to year-end Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis (only if not complying with minimum Cash covenant): Quarterly Basis: Minimum Bookings See Section 6.7(a) Tangible Net Worth $_______ $27,000,000* Yes No Lowest balance Liquidity Coverage The last day of cash during applicable measuring period $ 25,000,000 $ March, June, September and December of each year 1.50:1.0 __:1.0 Yes No The last day of all other months 1.75:1.0 __:1.0 Yes No * plus 50% of quarterly Net Income, 50% of new equity and 50% of new Subordinated Debt ** weekly at all times that Borrower is a Net Borrower The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIO, INC. By: Name: TitleBorrower: BANK USE ONLY AIRSPAN NETWORKS, INC. Received by: AUTHORIZED SIGNER AIRSPAN COMMUNICATIONS LIMITED authorized signer Date: Verified: AUTHORIZED SIGNER By: authorized signer Name: Date: Title: authorized signer Compliance Status: Yes NoNo SCHEDULE 1 TO COMPLIANCE CERTIFICATE FINANCIAL COVENANTS OF BORROWER Dated: ____________________

Appears in 1 contract

Samples: Loan and Security Agreement (Airspan Networks Inc)

Reporting Covenant Required Complies. Weekly Transaction Report (Monthly Financial Statements during Streamline Period) Weekly Yes No Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No Borrowing Base Certificate A/R (FYE 2008, 2009 & A/P Agings and Deferred Revenue Report Quarterly within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved 2010 due 9/30/11) Projections Annually FYE within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis Quarterly Basis: Liquidity of at least $10,000,000 $ 10,000,000 $ Yes No Performance to Plan (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(a6.7(b)) $ Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 Annual Capital Expenditures not to exceed $9,000,000 £ $9,000,000 $ Yes No The following financial covenant analyses analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOGOOD TECHNOLOGY, INC. By: Name: Title: BANK USE ONLY Received by: By AUTHORIZED SIGNER Name: Title Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes NoNo VISTO CORPORATION By Name: Title SCHEDULE 1 TO COMPLIANCE CERTIFICATE FINANCIAL COVENANTS OF BORROWER In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern.

Appears in 1 contract

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Reporting Covenant Required Complies. Monthly Financial Statements with Compliance Certificate Monthly Quarterly consolidating financial statements Quarterly within 30 45 days Yes No Annual financial statement (CPA Audited) + XX XXX FYE within 180 150 days Yes No Borrowing Base Certificate A/R & A/P Agings 10-Q, 10-K and Deferred Revenue Report Quarterly within 30 8-K Within 5 days if Borrower’s Cash is less than $25,000,000, if applicable after filing with SEC Yes No Board Approved Projections Annually within 60 days Quarterly Compliance Certificate Contemporaneously with delivery of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion 10-Q and 10-K Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis as of the last day of each applicable quarter: Adjusted EBITDA (only if not complying with minimum Cash covenant): Minimum Bookings See tested in 2012 and 2013) $ * $ Yes No N/A Adjusted Quick Ratio > :1.0** : Yes No Fixed Charge Coverage Ratio (tested in 2014 and thereafter) > 1.50 : 1.0 : Yes No N/A Total Leverage Ratio (tested in 2014 and thereafter) < 2.50 :1.0 : Yes No N/A * As set forth in Section 6.7(a) Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 $ the Agreement. ** As set forth in Section 6.7(b) of the Agreement. Performance Pricing/Unused Revolving Line Margin Required Actual Eligible? Adjusted Quick Ratio (quarterly) > 2.75:1.0 :1.0 Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOBANK USE ONLY BORROWER: Received by: JIVE SOFTWARE, INC. AUTHORIZED SIGNER Date: By: Name: Verified: Title: BANK USE ONLY Received by: AUTHORIZED SIGNER Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No

Appears in 1 contract

Samples: Loan and Security Agreement (Jive Software, Inc.)

Reporting Covenant Required Complies. Monthly Financial Statements with Compliance Certificate Monthly Quarterly consolidating financial statements Quarterly within 30 45 days Yes No Annual financial statement (CPA Audited) + XX XXX FYE within 180 150 days Yes No Borrowing Base Certificate A/R & A/P Agings 10-Q, 10-K and Deferred Revenue Report Quarterly within 30 8-K Within 5 days if Borrower’s Cash is less than $25,000,000, if applicable after filing with SEC Yes No Board Approved Projections Annually within 60 days Quarterly Compliance Certificate Contemporaneously with delivery of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion 10-Q and 10-K Yes No Financial Covenant Required Actual Complies Maintain as of the last day of each applicable quarter: Modified EBITDA (measured cumulatively (from January 1, 2013) prior to January 1, 2014) ($35,000,000.00) $ Yes No N/A Modified EBITDA (measured on a Monthly Basis (only if not complying with minimum Cash covenant): Minimum Bookings See trailing 12 month basis on and after January 1, 2014) As set forth in Section 6.7(a) $ Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 $ N/A Adjusted Quick Ratio >2.0 :1.0 : Yes No Performance Pricing/Unused Revolving Line Margin Required Actual Eligible? Adjusted Quick Ratio (quarterly) >2.75:1.0 :1.0 Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOBANK USE ONLY BORROWER: Received by: JIVE SOFTWARE, INC. AUTHORIZED SIGNER Date: By: Name: Verified: Title: BANK USE ONLY Received by: AUTHORIZED SIGNER Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No

Appears in 1 contract

Samples: Second Loan Modification Agreement (Jive Software, Inc.)

Reporting Covenant Required Complies. Monthly Financial Statements financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX FYE within 180 90 days Yes No Borrowing Base Certificate A/R & A/P Agings and Deferred Revenue Report Quarterly within 30 Annual financial projections 60 days if Borrower’s Cash is less than $25,000,000, if applicable after start of FY Yes No Board Approved Projections Annually within 60 10-Q, 10-K and 8-K Within 5 days of fiscal year end for the following fiscal year after filing with SEC Yes No 409(AThe following is a list of Intellectual Property that was registered (or a registration application submitted), and registered Intellectual Property (or Intellectual Property for which a registration application has been submitted) Valuation Report Within 30 days that was obtained, and not included on the Perfection Certificate or on a prior Compliance Certificate: (if none, state “None”) FINANCIAL COVENANT REQUIRED ACTUAL COMPLIES Maintain per Section 6.7 of completion the Agreement: Minimum Revenue from Sales of VBLOC Obesity Devices See Agreement _____ Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis (only if not complying with minimum Cash covenant): Minimum Bookings Implants of VBLOC Obesity Devices See Section 6.7(a) Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 $ Agreement _____ Yes No The following financial covenant analyses analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIO, ENTEROMEDICS INC. By: Name: Title: BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No

Appears in 1 contract

Samples: Loan and Security Agreement (EnteroMedics Inc)

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Reporting Covenant Required Complies. Monthly Financial Statements financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 150 days Yes No Borrowing Base Certificate A/R & A/P Agings and (including EXIM), Deferred Revenue Report Quarterly report and Inventory report Monthly within 15 days Yes No Transaction Reports Weekly, on the last Business Day of each week (monthly, within 30 days if when no outstanding Credit Extensions) and with each request for a Credit Extension Yes No Projections 30 days prior to FYE and as amended, in each case as approved by Borrower’s Cash is less than $25,000,000, if applicable board of directors Yes No Board Approved Projections Annually within 60 days of fiscal year end for The following Intellectual Property was registered after the following fiscal year Yes No 409(AEffective Date (if no registrations, state “None”) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis (only if not complying with minimum Cash covenant): at all times: Minimum Bookings See Section 6.7(a) Yes No Lowest balance of cash during applicable measuring period Liquidity $ 25,000,000 2,500,000 $ Yes No Minimum Tangible Net Worth * $ Yes No * See Section 6.9(b) The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIONMT Medical, INC. By: Name: Title: Inc. BANK USE ONLY NMT Heart, Inc. Received by: AUTHORIZED SIGNER By: Date: Name: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes NoNo Schedule 1 to Compliance Certificate Financial Covenants of Borrower

Appears in 1 contract

Samples: Loan and Security Agreement (NMT Medical Inc)

Reporting Covenant Required Complies. Weekly Transaction Report (Monthly Financial Statements during Streamline Period) Weekly Yes No Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No Borrowing Base Certificate A/R & A/P Agings and Deferred Revenue Report Quarterly within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved Projections Annually FYE within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis Quarterly Basis: Liquidity of at least $8,000,000 > $ 8,000,000 $ Yes No Performance to Plan (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(a6.7(b)) $ Yes No Lowest balance of cash during applicable measuring period Annual Capital Expenditures not to exceed $4,000,000 > $ 25,000,000 4,000,000 $ Yes No The following financial covenant analyses analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOGOOD TECHNOLOGY, INC. By: Name: Title: BANK USE ONLY Received by: By AUTHORIZED SIGNER Name: Title Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes NoNo VISTO CORPORATION By Name: Title SCHEDULE I TO COMPLIANCE CERTIFICATE FINANCIAL COVENANTS OF BORROWER In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern.

Appears in 1 contract

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Reporting Covenant Required Complies. Monthly Financial Statements financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 within120 days Yes No Borrowing Base Certificate 10-Q, 10-K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings Agings, Deferred Revenue/xxxxxxxx in excess of cost report Monthly within 15 days Yes No Transaction Reports Bi-weekly (monthly with 30 days during a Streamline Period) and Deferred Revenue Report Quarterly with each request for an advance Yes No Projections As amended and within 30 days if following approval by Borrower’s Cash is less than $25,000,000, if applicable board Yes No Board Approved Projections Annually within 60 days of fiscal year end for The following Intellectual Property was registered after the following fiscal year Effective Date (if no registrations, state “None”) Maintain as indicated: Minimum Adjusted Quick Ratio 1.25:1.00 :1.0 Yes No 409(A) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(a) Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 Adjusted EBITDA * $ Yes No * See Section 6.9(b) of the Loan and Security Agreement The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOXXXX INNOVATIONS INCORPORATED XXXX TECHNOLOGIES, INC. By: Name: Title: BANK USE ONLY Received by: AUTHORIZED SIGNER By: Date: Name: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes NoNo Schedule 1 to Compliance Certificate

Appears in 1 contract

Samples: Loan and Security Agreement (Luna Innovations Inc)

Reporting Covenant Required Complies. Monthly Financial Statements A/R and A/P agings, reconciliations and Transaction Report, deferred revenue schedule, inventory report and Consigned Collateral report Monthly within 20 days Yes No Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No Borrowing Base Certificate A/R & A/P Agings and Deferred Revenue Report Quarterly within 30 Annual projections 60 days if Borrower’s Cash is less than $25,000,000, if applicable after FYE Yes No Board Approved Projections Annually within 60 days Transaction Report (when no Advances outstanding) More frequent of fiscal year end weekly or with each request for the following fiscal year an Advance Yes No 409(A) Valuation Report 10-Q, 10-K and 8-K Within 30 5 days of completion after filing with SEC Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis Revenue for two prior quarters (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(ato determine interest rate for Revolving Advances) Yes No Lowest balance of cash during applicable measuring period Revenue for quarter ending $ 25,000,000 Revenue for quarter ending $ Yes No The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOThe following analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. ALPHATEC SPINE, INC. By: Name: Title: BANK LENDERS’ USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes NoNo Schedule 1 to Compliance Certificate EBITDA is calculated as follows:

Appears in 1 contract

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)

Reporting Covenant Required Complies. Monthly Financial Statements financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days (for FYE December 31, 2012, on or before July 31, 2013) Yes No Borrowing Base Certificate 10-Q, 10-K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings (including EXIM), inventory reports and Deferred Revenue Report Quarterly Borrowing Base Certificate Monthly within 15 days (quarterly within 15 days if no outstanding Credit Extensions) Yes No Transaction Reports 15th and last Business Day and with each request for a Credit Extension Yes No Invoices for 10% of outstanding balance of EXIM A/R Within 15 days after the end of each quarter Yes No Projections FYE within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved Projections Annually within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis as indicated: Liquidity (only if not complying with minimum Cash covenant): Minimum Bookings See Section 6.7(aat all times, certified monthly) Yes No Lowest balance of cash during applicable measuring period $ 25,000,000 3,000,000 $ Yes No Adjusted Free Cash Flow (quarterly) * $ Yes No * See Section 6.9(b) of the Loan and Security Agreement The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”) The following financial covenant analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) APPTIOAspen Aerogels, INC. By: Name: Title: Inc. BANK USE ONLY Received by: By: AUTHORIZED SIGNER Name: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No

Appears in 1 contract

Samples: Loan Modification Agreement (Aspen Aerogels Inc)

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