Common use of Reporting Covenant Required Complies Clause in Contracts

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly within 25 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 days Yes No 10K and 10Q Within 5 days of filing Yes No A/R Audit Semi-annually Yes No IP Notices As required under Section 6.10 Yes No

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly financial statements Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 days Yes No 10K and 10Q Within 5 Quarterly financial statements Quarterly within 45 days of filing Yes No AIR & A/P Agings, Borrowing Base Cert. Weekly or, if no borrowings, monthly within 30 days Yes No A/R Audit Initial and Semi-annually Annual Yes No IP Notices As required under Section 6.10 Report Quarterly within 30 days Yes No

Reporting Covenant Required Complies. Borrowing Base Monthly financial statements with Compliance Certificate Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE within 120 150 days Yes No 10-Q, 10-K and 10Q 8-K Within 5 days of after filing with SEC Yes No Borrowing Base Certificate, with A/P & A/R Audit Semi-annually Agings Monthly within 30 days Yes No IP Notices As required under Section 6.10 Board approved projections Annually, within 10 days of approval Yes No

Reporting Covenant Required Complies. Borrowing Base Monthly financial statements with Compliance Certificate Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE within 120 180 days Yes No 10-Q, 10-K and 10Q 8-K Within 5 days of after filing with SEC Yes No Borrowing Base Certificate, with A/P & A/R Audit Semi-annually Agings Monthly within 30 days Yes No IP Notices As required under Section 6.10 Board-approved projections Annually, within 10 days of approval Yes No

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly financial statements Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 days Yes No 10K and 10Q Within 5 (as applicable) Yes No A/R & A/P Agings, Borrowing Base Cert. Monthly within 20 days of filing Yes No A/R Audit Initial and Semi-annually annual Yes No IP Notices As required under Section 6.10 Report Quarterly within 30 days Yes No New Contracts Quarterly within 5 days Yes No

Reporting Covenant Required Complies. Borrowing Base Monthly financial statements with Compliance Certificate Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE within 120 90 days Yes No 10K and 10Q Within 5 days of filing Yes No Borrowing Base Certificate (with A/R Audit Semi-annually Yes No IP Notices As required under Section 6.10 & A/P Agings) Monthly within 30 days Yes No

Reporting Covenant Required Complies. Borrowing Base Monthly financial statements with Compliance Certificate Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE within 120 days Yes No 10K and 10Q Within 5 Board Projections FYE within 30 days of filing Yes No A/R Audit Semi-annually & A/P Agings Monthly within 30 days Yes No IP Notices As required under Section 6.10 Transaction Report Weekly; or Monthly within 30 days if Streamline Eligible Yes No Deferred Revenue Reports Monthly within 30 days Yes No

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly financial statements Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 days* Yes No Quarterly financial statements Quarterly within 45 days Yes No 10K and 10Q Within 5 A/R & A/P Agings, Borrowing Base Cert. Weekly or, if no borrowings, monthly within 30 days of filing Yes No A/R Audit Initial and Semi-annually Annual Yes No IP Notices As required under Section 6.10 Report Quarterly within 30 days Yes NoNo * provided that such financial statements for the fiscal year ended December 31, 2004 shall be delivered on or before May 10, 2005

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly financial statements Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 90 days Yes No 10K Borrowing Base Certificate and 10Q Within 5 A/R Monthly within 30 days of filing and semi-monthly within 30 Yes No Agings days+ A/R Audit Semi-annually Initial and Annual Yes No IP Notices As + semi-monthly reporting required under Section 6.10 Yes Noonly when total outstanding advances exceed 60% of borrowing base.

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly within 25 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 45 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE within 120 days Yes No 10K and 10Q Within 5 days of filing Board Approved Projections Annually, as revised Yes No Audit Annually Yes No Borrowing Base Certificate & A/R Audit Semi-annually Agings Monthly within 30 days (when Unrestricted Cash < $20,000,000.00 and months in which Credit Extensions requested or outstanding) Yes No IP Notices As required under Section 6.10 Cash Report Monthly within 15 days Yes No

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly within 25 financial statements, Within 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 90 days Yes No 10K and 10Q A/R & A/P Agings, Within 5 20 days of filing month end Borrowing Base Certificate Yes No A/R Audit Initial and Semi-annually Annual Yes No IP Notices As required under Section 6.10 Backlog Report & Inventory Schedule Within 20 days of month end Yes No

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly within 25 days of month end Yes No Quarterly financial statements with churn report and Monthly within 30 days Yes No Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE + XX XXX within 120 days Yes No 10-Q, 10-K and 10Q 8-K Within 5 days of after filing with SEC Yes No Borrowing Base Certificate A/R Audit Semi-annually Agings Monthly within 30 days Yes No IP Notices As required under Section 6.10 Transaction Reports Weekly Yes NoNo Audit Annually and within 45 days of Yes No Effective Date Board approved projections Annually Yes No The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”)

Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 150 days Yes No A/R & A/P Agings, Deferred Revenue report, and schedule of expected collections Monthly within 20 days Yes No Borrowing Base Certificate Monthly within 25 20 Days during Streamline Period Yes No Transaction Report Weekly when not Streamline Period Yes No Board-approved projections Within 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 days Yes No 10K and 10Q Within 5 days of filing Yes No A/R Audit Semi-annually Yes No IP Notices As required under Section 6.10 approval Yes No

Reporting Covenant Required Complies. Borrowing Base Certificate Interim financial statements for Borrower with A/R Agings (by invoice date) Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) for Borrower FYE within 120 days Yes No 10K Annual Balance Sheet and 10Q Income Statement Within 5 30 days of filing Board approval Yes No A/R Audit Semi-annually Yes No IP Notices As required under Section 6.10 Compliance Certificate Quarterly within 30 days Yes No

Reporting Covenant Required Complies. Borrowing Base Monthly financial statements with Compliance Certificate Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE + XX XXX within 120 180 days Yes No 10-K and 10Q 8-K Within 5 days of after filing with SEC Yes No 10-Q Quarterly, within 45 days Yes No Borrowing Base Certificate A/R Audit Semi-annually & A/P Agings Monthly within 30 days Yes No IP Notices As required under Section 6.10 Financial Covenant Required Actual Complies Liquidity See Below* Yes No Net EBITDA Loss See Below** Yes No

Reporting Covenant Required Complies. Borrowing Base Certificate Monthly Quarterly Financial Statements Quarterly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 30 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE within 120 + XX XXX within180 days Yes No 10K and 10Q Within 5 days of filing Yes No A/R Audit Semi-annually & A/P Agings, Deferred Revenue Reports Quarterly within 30 days and with each request for a Credit Extension Yes No IP Notices As required under Section 6.10 Transaction Reports Quarterly within 30 days and with each request for a Credit Extension Yes No Projections FYE within 30 days Yes No Field Exam Annually Yes No

Reporting Covenant Required Complies. Borrowing Base Monthly financial statements with Compliance Certificate Monthly within 25 30 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements statement (CPA Audited) FYE + XX XXX within 120 150 days Yes No 10-Q, 10-K and 10Q Within 5 8-K Monthly within 30 days of filing Yes No Borrowing Base Report Monthly within 30 days Yes No A/R Audit Semi-annually & A/P Agings, Deferred Revenue report Monthly within 30 days Yes No IP Notices As required under Section 6.10 Annual Financial Projections FYE within 30 days and as updated Yes No