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 A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash Performance Pricing Applicable Rate Applies Borrowing Base Eligible Net Cash ³ $5,000,000 WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% Yes No No All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date EXHIBIT C Borrowing Resolutions CORPORATE BORROWING CERTIFICATE BORROWER: TINTRI, INC. DATE: MAY , 2013 BANK: SILICON VALLEY BANK I hereby certify as follows, as of the date set forth above:

Appears in 4 contracts

Samples: Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.)

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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 A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Performance Pricing Net Cash Performance Pricing Applicable Rate Applies Borrowing Base Eligible Net Cash ³ $5,000,000 15,000,000* WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 15,000,000* WSJ Prime + 1.75% Yes No No Non-Formula Loans Net Cash Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $15,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $15,000,000 WSJ Prime + 1.25% Yes No No Financial Covenant Required Actual Compliance Adjusted Quick Ratio (monthly) 1.25:1.00 :1.00 Yes No Net Cash $15,000,000 $ Yes No The following financial covenant analysis and other information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date EXHIBIT C Borrowing Resolutions CORPORATE BORROWING CERTIFICATE BORROWER: TINTRI, INC. DATE: MAY , 2013 BANK: SILICON VALLEY BANK I hereby certify as follows, as of the date set forth above:Date

Appears in 4 contracts

Samples: Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.)

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 A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash Performance Pricing Applicable Rate Applies Borrowing Base Eligible Net Cash ³ $5,000,000 WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% Yes No No Net Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Yes No No The following Intellectual Property was registered (or a registration application submitted) after the Second Amendment Closing Date (if no registrations, state “None”) All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date EXHIBIT C Borrowing Resolutions CORPORATE BORROWING CERTIFICATE BORROWER: THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC. DATE: MAY ., 2013 BANK: SILICON VALLEY BANK I hereby certify as follows, as of the date set forth above:a Delaware corporation (“Borrower”).

Appears in 4 contracts

Samples: Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.)

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 A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Performance Pricing Net Cash Performance Pricing Applicable Rate Applies Borrowing Base Eligible Net Cash ³ $5,000,000 15,000,000* WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 15,000,000* WSJ Prime + 1.75% Yes No No Non-Formula Loans Net Cash Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $15,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $15,000,000 WSJ Prime + 1.25% Yes No No Financial Covenant Required Actual Compliance Adjusted Quick Ratio (monthly)* 1.25:1.00 :1.00 Yes No Net Cash* $15,000,000 $ Yes No Unrestricted Cash and Cash Equivalents at Bank and Bank Affiliates** $25,000,000 $ Yes No * Commencing with the month ending November 30, 2017 ** Through October 31, 2017 The following financial covenant analysis and other information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date EXHIBIT C Borrowing Resolutions CORPORATE BORROWING CERTIFICATE BORROWER: TINTRI, INC. DATE: MAY , 2013 BANK: SILICON VALLEY BANK I hereby certify as follows, as of the date set forth above:Date

Appears in 3 contracts

Samples: Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.)

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Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 270 days Yes No 10-Q, 10-K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings Monthly within 30 days Yes No and Deferred Revenue (if applicable) Report Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days (when Borrowing Base Eligible) Yes No Board Annual Financial Projections Within 60 days after FYE within 30 days of Board Approval Yes No Net Cash Performance Pricing Applicable Rate Applies Borrowing Base Eligible Net Cash at Bank ³ $5,000,000 WSJ 15,000,000 Prime + 0.350.75% Yes No Yes Net Cash at Bank < $5,000,000 WSJ 15,000,000 Prime + 1.75% Yes No No All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRIMOBITV, INC. Signature Title Date EXHIBIT C Borrowing Resolutions CORPORATE BORROWING RESOLUTIONS [see attached] EXHIBIT D BORROWING BASE CERTIFICATE BORROWERBorrower: TINTRIMobiTV, INC. DATEInc. Lender: MAY , 2013 BANKSilicon Valley Bank Commitment Amount: SILICON VALLEY BANK I hereby certify as follows, as of the date set forth above:$10,000,000 ACCOUNTS RECEIVABLE

Appears in 2 contracts

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

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