CUSTODIAN REPORTING. The Custodian shall render to the Customer (i) on a monthly basis, (a) a report of all monies received as, or paid from, the Customer Assets (including cash balances as of the closing date of the report), (b) an itemized statement of the securities held as Customer Assets under this Agreement, (c) a list of all securities transactions that remain unsettled as of the end of each month, and (ii) such other reports as the parties shall agree will be provided from time to time. All such records that are prepared for the Customer shall be the property of the Customer and shall at all times during the regular business hours of the Custodian be open for inspection by duly authorized officers, employees or agents of the Customer.
CUSTODIAN REPORTING. Any of the reports or statements provided by Custodian to Agent under the Facility Documents is unsatisfactory to Agent in its reasonable discretion (determined in a manner applied consistently by Agent acting in such capacity under similar transactions); then, and in any such event, Agent may (i) declare the Advances, all accrued interest thereon, all fees and all other accrued amounts payable under this Agreement and the other Facility Documents to be forthwith due and payable, whereupon the Advances, all such interest and fees, and all such other amounts hereunder and under the Facility Documents shall become and be forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by Bxxxxxxx, (ii) declare the Commitment to be terminated, whereupon the same shall forthwith terminate and (iii) exercise on behalf of itself and Lender all rights and remedies available to it and Lender under the Facility Documents and applicable Law (including, without limitation, all rights and remedies of a secured party under the New York Uniform Commercial Code or any other applicable Law); provided, however, that upon the occurrence of any event in Section 7(h) (Bankruptcy, Insolvency, etc.), (x) the Advances, all accrued interest and all accrued other amounts payable, including fees, under this Agreement, and all such other amounts hereunder and under the Facility Documents shall automatically become and be due and payable, without presentment, demand, protest or any notice of any kind, all of which are hereby expressly waived by Borrower and (y) the Commitment shall automatically be terminated.
