Common use of Reporting Covenants Required Complies Clause in Contracts

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S Annually, within 180 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings Monthly, within 25 days YES NO Annual Business Plan (incl. operating budget) As soon as available after board approval YES NO Audit Semi-annual YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NO

Appears in 2 contracts

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

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Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S Annually, within 180 days of after FYE YES NO Borrowing Base Cert., A/R & A/P Agings Monthly, within 25 30 days YES NO Annual Business Plan (incl. operating budget) As soon as available Annually, within 60 days after board approval FYE YES NO Audit Semi-annual YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s 's cash and investments Amount: $ YES NO investments Total amount of Borrower’s 's cash and investments maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice investments maintained with Bank Total amount of deposits in Excluded Deposit Accounts Amount: $ YES NO

Appears in 2 contracts

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

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 180 150 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings Monthly, within 25 days YES NO Annual Business Plan (incl. operating budget) As soon as available Earlier of (i) 30 days after board FYE or (ii) 7 days of approval from BOD YES NO Audit Semi-annual Annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ ____________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice ____________________ YES NO

Appears in 2 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S Annually, within 180 150 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings Monthly, within 25 days YES NO Annual Business Plan (incl. operating budget) As soon as available Earlier of (i) 30 days after board FYE or (ii) 7 days of approval from BOD YES NO intellectual property report Quarterly, within 30 days YES NO Audit Semi-annual Annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ ____________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice ____________________ YES NO

Appears in 2 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/SCompany Prepared Quarterly F/S Monthly, within 30 days YES NO Quarterly, within 45 days Yes Yes No No N/A N/A Compliance Certificate Monthly, within 30 days YES NO Yes No N/A CPA Audited, Unqualified F/S S, as set forth in 10-K Annually, within 180 90 days of FYE YES NO Yes No N/A Borrowing Base Cert.Certificate Monthly, within 15 days, when loan outstanding > $12,000,000; Quarterly, within 15 days, when loan outstanding <= $12,000,000 Yes No N/A A/R & and A/P Agings Monthly, within 25 15 days YES NO Yes No N/A Annual Business Plan (incl. operating budget) As soon as available after board approval YES NO Audit Semi-annual YES NO If Public: Annually, within 30 days of start of FY Yes No N/A Intellectual Property Report Quarterly within 30 days Yes No N/A 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO Yes No N/A 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NOYes No N/A

Appears in 1 contract

Samples: Loan and Security Agreement (Maxwell Technologies Inc)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within w/in 30 days YES NO Company Prepared Quarterly F/S Quarterly, w/in 45 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S Annually, within 180 120 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings Monthly, within 25 days YES NO Annual Business Plan (incl. operating budget) As soon as available after board approval By 1/31 YES NO Audit Semi-annual YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NO

Appears in 1 contract

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

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S Annually, within 180 120 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings . Monthly, within 25 30 days YES NO Annual Business Plan Projections (incl. operating budget) As soon as available after board approval Annually, within 60 days of YE YES NO Intellectual Property Report Annually, within 30 days of YE YES NO Audit Semi-annual Annually YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ $____________ YES NO Total amount of Borrower’s cash and investments Amount: $____________ YES NO maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NOBank

Appears in 1 contract

Samples: Loan and Security Agreement (Max International Inc)

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Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days days* YES NO Compliance Certificate Monthly, within 30 days days* YES NO CPA Audited, Unqualified F/S Annually, within 180 days of FYE by August 31 for prior FY YES NO Borrowing Base Cert., A/R & A/P Agings and inventory report Monthly, within 25 days 30 days** YES NO Annual Business Plan (incl. operating budget) As soon as available after board approval Annually, by March 15 of each FY YES NO Audit Semi-annual YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: Amount $ __________________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: Amount $ __________________________ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NO* quarterly w/in 30 days during Limited Reporting Period ** not required during Limited Reporting Period.

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days days* YES NO Compliance Certificate Monthly, within 30 days days* YES NO CPA Audited, Unqualified F/S Annually, within 180 days of FYE by August 31 for prior FY YES NO Borrowing Base Cert., A/R & A/P Agings and inventory report Monthly, within 25 days 30 days** YES NO Annual Business Plan (incl. operating budget) As soon as available after board approval Annually, by March 15 of each FY YES NO Audit Semi-annual YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s Borrowers’ cash and investments Amount: $ $___________________ YES NO Total amount of Borrower’s Borrowers’ cash and investments maintained maintain with Bank Amount: $ $___________________ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NO* quarterly w/in 30 days during Limited Reporting Period ** not required during Limited Reporting Period.

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days days* YES NO Compliance Certificate Monthly, within 30 days days* YES NO CPA Audited, Unqualified F/S Annually, within 180 days of FYE by August 31 for prior FY YES NO Borrowing Base Cert., A/R & A/P Agings and inventory report Monthly, within 25 days 30 days** YES NO Annual Business Plan (incl. operating budget) As soon as available after board approval Annually, by March 15 of each FY YES NO Audit Semi-annual YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: Amount $ ____________________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: Amount $ ____________________________ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NO* quarterly w/in 30 days during Limited Reporting Period ** not required during Limited Reporting Period.

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S Annually, within 180 120 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings . Monthly, within 25 30 days YES NO Annual Business Plan Projections (incl. operating budget) As soon as available after board approval Annually, within 60 days of YE YES NO Intellectual Property Report Annually, within 30 days of YE YES NO Audit Semi-annual Annually YES NO If Public: 10-Q Quarterly, within 5 days of SEC filing (50 YES NO days) YES NO 10-K Annually, within 5 days of SEC filing (95 YES NO days) Total amount of Borrower’s cash and investments Amount: $____________ YES NO Total amount of Borrower’s cash and investments Amount: $ $____________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ YES NO DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NOBank

Appears in 1 contract

Samples: Loan and Security Agreement (Max International Inc)

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