Common use of Reporting Covenant Required Complies Clause in Contracts

Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement 1CPA Audited) + XX XXX within 150 days Yes Xx 00-X, 00-Xxxx 0-X Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly within 30 days Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis: Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Yes No Minimum Tangible Net Worth $ $ Yes No The following financial covenant analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] BANK USE ONLY By: Received by: Name: AUTHORIZED SIGNER Title: Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance Certificate

Appears in 2 contracts

Samples: Loan and Security Agreement (Intellon Corp), Loan and Security Agreement (Intellon Corp)

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Reporting Covenant Required Complies. Monthly financial statements Financial Statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement 1CPA (CPA Audited) + XX XXX within 150 180 days Yes Xx 00-X, 00-Xxxx 0-X Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly Deferred Revenue Report Quarterly within 30 days if Borrower’s Cash is less than $25,000,000, if applicable Yes No Board Approved Projections Annually within 60 days of fiscal year end for the following fiscal year Yes No 409(A) Valuation Report Within 30 days of completion Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis: Basis (only if not complying with minimum Cash covenant): Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Bookings See Section 6.7(a) Yes No Minimum Tangible Net Worth Lowest balance of cash during applicable measuring period $ 25,000,000 $ Yes No The following financial covenant analys[is][es] analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] APPTIO, INC. By: Name: Title: BANK USE ONLY By: Received by: Name: AUTHORIZED SIGNER Title: Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance CertificateNo

Appears in 2 contracts

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

Reporting Covenant Required Complies. Accounts receivable agings and reconciliations, aged by invoice date, accounts payable agings and transaction report + BB Weekly and each time an Advance is made; unless during a Streamline Period then monthly Yes No Monthly company prepared financial statements in accordance with Compliance Certificate GAAP + CC + waterfall analysis Monthly within 30 days of month end Yes No Annual Plan (including income statements, balance sheets, and cash flow statements, each of the foregoing, by month) for the upcoming fiscal year As updated, but no later than 31 days after FYE. Yes No Annual financial statement 1CPA Audited) + XX XXX statements certified by, and with an unqualified opinion of, independent CPA Annually, within 150 days Yes Xx 00-X, 00-Xxxx 0-X Within 5 180 days after filing with SEC FYE Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly Bookings report Quarterly within 30 days of month end. Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Quarterly Basis: Minimum Trailing Six Month EBITDA (See Schedule 1) :1.0 Yes No Minimum Subscription and Support Revenue (See Schedule 1) $ Yes No Streamline Period Applies Monthly Adjusted Quick Ratio 1.00:1.00 :1.00 Yes No Minimum Tangible Net Worth $ $ Not less than 0.75:1.00 Yes No The following financial covenant analys[is][es] analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] YODLEE, INC. BANK USE ONLY By: Received by: NameBy: AUTHORIZED SIGNER TitleName: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance CertificateNo

Appears in 2 contracts

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

Reporting Covenant Required Complies. Monthly A/R and A/P agings, reconciliations and Transaction Report, deferred revenue schedule Monthly within 15 days Yes No Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement 1CPA (CPA Audited) + XX XXX within 150 180 days Yes Xx 00No Annual projections 30 days after FYE Yes No Transaction Report (when no Advances outstanding) More frequent of weekly or with each request for an Advance Yes No 10-XQ, 0010-Xxxx 0K and 8-X K Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly within 30 days Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basisat all times, measure as indicated: Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Liquidity (at all times) $ 6,000,000 $ Yes No Minimum Tangible Net Worth Fixed Charge Coverage Ratio (tested monthly) ** :1.0 Yes No Minimum Profitability (tested monthly; rolling 3-month basis) $ 1.00 $ Yes No The following financial covenant analys[is][es] ** Period Minimum FCCR Effective Date through September 30, 2010 1.10:1.00 October 1, 2010 through December 31, 2010 1.25:1.00 January 1, 2011 and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. thereafter 1.50:1.00 The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] BANK The following analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. ADVANCED BIOHEALING, INC. BANK’S USE ONLY By: Received by: NameBy: AUTHORIZED SIGNER TitleName: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance Certificate:

Appears in 2 contracts

Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc)

Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 Within five (5) days of filing 10-Q with SEC, but no later than 45 days after quarter end Yes No Annual financial statement 1CPA AuditedBoard Projections Annually and within 45 days of approval Yes No 10-Q Within five (5) + XX XXX within 150 days Yes Xx 00-Xof filing with SEC, 00-Xxxx 0-X Within 5 but no later than 45 days after quarter end Yes No 8-K Within five (5) days of filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly within 30 10-K, together with an unqualified opinion Within five (5) days of filing with SEC, but no later than 90 days after year end Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Quarterly Basis: Minimum Adjusted Quick Ratio 1.00:1.00 2.0:1.0 ____:1.00 1.0 Yes No Minimum Tangible Quarterly Net Worth Revenue * $ $ ______________ Yes No * As set forth in Section 6.7(b) of the Loan and Security Agreement. The following financial covenant analys[is][es] analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] SOUNDBITE COMMUNICATIONS, INC. BANK USE ONLY By: Received by: AUTHORIZED SIGNER Name: AUTHORIZED SIGNER Date: Title: Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance CertificateNo

Appears in 1 contract

Samples: Third Loan Modification Agreement (Soundbite Communications Inc)

Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement 1CPA (CPA Audited) + XX XXX within 150 120 days Yes Xx 00-X, 00-Xxxx 0-X Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Monthly within 30 days (not required during a Streamline Period) Yes No Projections FYE within 60 days Yes No Transaction Reports Monthly within 30 days and with each Request for an Advance (not required during a Streamline Period) Yes No The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”) Financial Covenant Required Actual Complies Maintain on a Monthly Basisat all times: Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Yes No Minimum Tangible Net Worth Liquidity $ $ Yes No The following financial covenant analys[is][es] analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] EVERGREEN SOLAR, INC. By: Name: Title: BANK USE ONLY By: Received by: Name: AUTHORIZED SIGNER Title: authorized signer Date: Verified: AUTHORIZED SIGNER authorized signer Date: Compliance Status: Yes þ No o Schedule 1 to Compliance CertificateCertificate Financial Covenants of Borrower Dated:

Appears in 1 contract

Samples: Loan and Security Agreement (Evergreen Solar Inc)

Reporting Covenant Required Complies. Transaction Reports (with all applicable schedules) Weekly and with each request for an Advance Yes No A/R and A/P agings, held check registers, general ledger and inventory reports Monthly, within 15 days Yes No Monthly unaudited financial statements with Monthly, within 30 days Yes No Compliance Certificate Monthly Monthly, within 30 days Yes No Annual audited financial statement 1CPA (CPA Audited) + XX XXX within 150 days Yes Xx 00No Projections Within 30 days prior to FYE Yes No 10-XQ, 0010-Xxxx 0K and 8-X K Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly within 30 days Yes No The following Intellectual Property was registered (or a registration application submitted) after the Effective Date (if no registrations, state “None”) Financial Covenant Required Actual Complies Maintain on a Monthly Basisat all times: Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Liquidity $ 500,000 $ Yes No Minimum Tangible Net Worth (tested monthly) $ 2,500,000 $ Yes No The following financial covenant analys[is][es] analyses and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] Microfluidics International Corporation BANK USE ONLY By: Microfluidics Corporation Received by: AUTHORIZED SIGNER By: Date: Name: AUTHORIZED SIGNER Title: Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance CertificateNo

Appears in 1 contract

Samples: Loan and Security Agreement (Microfluidics International Corp)

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Reporting Covenant Required Complies. Weekly Transaction Report (Monthly during Streamline Period) Weekly Yes No Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement 1CPA (CPA Audited) + XX XXX within 150 180 days Yes Xx 00-X, 00-Xxxx 0-X Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly Projections FYE within 30 60 days Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Quarterly Basis: Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Liquidity of at least $8,000,000 > $ 8,000,000 $ Yes No Minimum Tangible Net Worth Performance to Plan (See Section 6.7(b)) $ Yes No Annual Capital Expenditures not to exceed $4,000,000 > $ 4,000,000 $ Yes No The following financial covenant analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] GOOD TECHNOLOGY, INC. BANK USE ONLY By: Received by: By AUTHORIZED SIGNER Name: AUTHORIZED SIGNER Title: Title Date: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No VISTO CORPORATION By Name: Title SCHEDULE I TO COMPLIANCE CERTIFICATE FINANCIAL COVENANTS OF BORROWER In the event of a conflict between this Schedule 1 to Compliance Certificateand the Loan Agreement, the terms of the Loan Agreement shall govern.

Appears in 1 contract

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Reporting Covenant Required Complies. Monthly financial statements with Borrowing Base Certificate With each request for an Advance, and monthly within 45 days Yes No Compliance Certificate Monthly within 30 45 days Yes No Annual financial statement 1CPA Audited) + XX XXX within 150 days Yes Xx 00-X, 00-Xxxx 0-X Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Borrower Servicer Report Monthly within 30 45 days Yes No Quarterly internal portfolio review package Quarterly within 60 days (other than with respect to Q4), within 120 days of Q4 Yes No Notice of material changes to credit policy or risk rating system, or any risk rating changes within Borrower’s portfolio as reflected in the borrower service reports Immediately upon the occurrence thereof Yes No Borrower’s Financial Covenant Covenants (tested quarterly) Required Actual Complies Maintain on a Monthly Basis: Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Cash at Bank $750,000 $ Yes No Minimum Tangible Net Worth $ Assets $275,000,000* $ Yes No The following financial covenant analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate Minimum Asset Coverage 150% Yes No * increasing by ninety percent (90%) of any increase of net assets as of the date end of this Certificateeach fiscal year (with no adjustment for any decreases in net assets), tested as of the end of each fiscal quarter of Borrower Comments Regarding Exceptions: See Attached. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] BANK USE ONLY By: Received by: Name: Sincerely, AUTHORIZED SIGNER Title: Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status: Status Yes No Schedule 1 to Compliance CertificateNo

Appears in 1 contract

Samples: Loan and Security Agreement (Oaktree Strategic Income Corp)

Reporting Covenant Required Complies. Monthly A/R and A/P agings, reconciliations and Transaction Report, deferred revenue schedule, inventory report and Consigned Collateral report Monthly within 20 days Yes No Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement 1CPA (CPA Audited) + XX XXX within 150 180 days Yes Xx 00No Annual projections 60 days after FYE Yes No Transaction Report (when no Advances outstanding) More frequent of weekly or with each request for an Advance Yes No 10-XQ, 0010-Xxxx 0K and 8-X K Within 5 days after filing with SEC Yes No Borrowing Base Certificate A/R & A/P Agings and Purchase Order Reports Monthly within 30 days Yes No Financial Covenant Required Actual Complies Maintain on a Monthly Basis: Minimum Adjusted Quick Ratio 1.00:1.00 :1.00 Yes No Minimum Tangible Net Worth Revenue for two prior quarters (to determine interest rate for Revolving Advances) Revenue for quarter ending $ Revenue for quarter ending $ Yes No The following financial covenant analys[is][es] and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”) [Borrower name] BANK The following analysis and information set forth in Schedule 1 attached hereto are true and accurate as of the date of this Certificate. ALPHATEC SPINE, INC. LENDERS’ USE ONLY By: Received by: NameBy: AUTHORIZED SIGNER TitleName: Date: Title: Verified: AUTHORIZED SIGNER Date: Compliance Status: Yes No Schedule 1 to Compliance CertificateCertificate EBITDA is calculated as follows:

Appears in 1 contract

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)

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