Common use of Reports; Cooperation Clause in Contracts

Reports; Cooperation. 5.11.1 Deliver to the Lender on each anniversary of the date of this Agreement a certificate from the Borrower's insurers or insurance agents (i) evidencing that the insurance policies in place satisfy the requirements specified in Section 5.10 (including, without limitation, listing all insurance being carried by or on behalf of the Borrower pursuant to the Project Documents and certifying that all insurance required to be maintained by the Borrower pursuant to the Project Documents is in full force and effect and all premiums therefore have been paid in full), and (ii) setting forth a summary of all losses in excess of US$250,000 (or the equivalent thereof) incurred with respect to the Project in the preceding year. 5.11.2 Deliver to the Lender within thirty (30) days following the end of each calendar quarter a quarterly status report describing in reasonable detail the progress of the construction of the Facility since the immediately preceding report hereunder, including without limitation, the cost incurred to the end of such quarter, an estimate of the time and cost required for completion of the Facility and such other information which the Lender may reasonably request. 5.11.3 Prior to the Commercial Operation Date, deliver to the Lender, within thirty (30) days following the end of each calendar quarter an update of the Facility Budget, including but not limited to an explanation or other reconciliation of differences between such report and previous reports. 5.11.4 From and after the Commercial Operation Date, deliver to the Lender within ninety (90) days following each calendar year, a summary operating report, which shall include, unless otherwise agreed to by the Lender, a numerical and narrative assessment of (i) the Project's compliance with each category in the annual operating budget, (ii) statistical data relating to the Facility, including heat rate, net electrical and scheduled and unscheduled outages, (iii) fuel deliveries and use, (iv) major maintenance activity, (v) casualty losses of value in excess of US$250,000 or the equivalent thereof in other currencies (whether or not covered by insurance), (vi) disputes with any other Major Project Participant, materialman, supplier or other Person and any related claims against the Borrower, (vii) pricing information disclosed or made available under the agreements pertaining to the supply of coal for the Facility and (viii) compliance with the Governmental Authorizations. 5.11.5 No later than five Business Days following the receipt thereof, deliver to the Lender all progress reports provided by the EPC Contractor to the Borrower pursuant to the EPC Contract and all progress reports prepared under the Power Purchase Agreement. 5.11.6 Deliver to the Lender any such other information or data with respect to its business or operations (including supporting information as to compliance with this Agreement) as the Lender may reasonably request from time to time.

Appears in 8 contracts

Sources: Shareholder Loan Agreement (Panda Global Holdings Inc), Shareholder Loan Agreement (Panda Global Holdings Inc), Shareholder Loan Agreement (Panda Global Holdings Inc)