Current Filer definition

Current Filer means the Borrower has filed all required financial statements on Form 10-Q and Form 10-K with the SEC (including, without limitation, the Borrower’s annual financial statements on Form 10-K for its fiscal year ended December 31, 2005 and the Borrower’s quarterly financial statements on Form 10-Q for its fiscal quarter ended March 31, 2006).
View Source
Current Filer means any time that the Borrower is current in filing its reports (including quarterly and annual financial statements) under Section 13 and 15(d) of the Exchange Act.
View Source
Current Filer means a Person that is subject to the reporting requirements under the Securities Act of 1934, who has filed all quarterly and annual reports as and when required to be filed with the SEC.
View Source

Examples of Current Filer in a sentence

  • Until the Borrower (i) is a Current Filer and (ii) upon becoming a Current Filer, has demonstrated compliance with each of the financial covenants set forth in this Section 5.9, the Borrower agrees that, regardless of whether a Default or Event of Default has occurred and is continuing, the Administrative Agent will exercise exclusive control over the Controlled Accounts and any withdrawal from the Controlled Accounts will be subject to the Administrative Agent’s consent.

  • The Borrower shall have not less than (a) until the Borrower becomes a Current Filer, $45,000,000 and (b) once the Borrower becomes a Current Filer, $25,000,000, in each case of unrestricted cash and Cash Equivalents in an account(s) at Wachovia Bank, National Association and/or in which the Administrative Agent has a perfected security interest under the UCC (the “Controlled Accounts”).

  • At such time as Guarantor becomes a Current Filer, the Guarantor and the Lender shall negotiate in good faith and mutually agree upon the financial covenants which shall be applicable to Guarantor hereunder.