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Common use of Additional Reporting Requirements Clause in Contracts

Additional Reporting Requirements. Deliver to the Agent (i) as soon as practicable after the Parent or any of its Subsidiaries becomes aware of the occurrence of each Default or Event of Default, a statement of a senior officer of the Parent setting forth the details of such Default or Event of Default and the action which the Parent proposes to take or has taken with respect thereto; (ii) promptly, and in any event within ten days after the Parent or any of its Subsidiaries receives notice of or becomes aware of any suit, proceeding or similar action commenced or threatened by any Governmental Entity or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Change; (iii) promptly, and in any event within ten (10) days after the Parent or any of its Subsidiaries receives notice of or becomes aware of any cancellation or non-renewal of any Material Authorizations or any other licences, permits or other regulatory approvals (other than non-renewals in the ordinary course of business) where such cancellation or non-renewal is reasonably likely to result in a Material Adverse Change; (iv) notification of any notice received from, or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries which would reasonably be expected to result in a Material Adverse Change; (v) together with each Compliance Certificate, written notice of any previously undisclosed Subsidiaries of the Parent, any new Material Authorizations or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries used in the business of the Parent or any of its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11) in which the Parent or any of its Subsidiaries has any place of business or stores any tangible personal property with a realizable value in excess of $500,000 (or the Equivalent Amount in any other currency), any other Investment by the Parent or any of its Subsidiaries in any Person other than a Guarantor; (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any Loan Party; (vii) as soon as practicable, any change in the Financial Year of the Parent; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of any change in any Loan Party’s named executive officers as required to be disclosed to the SEC; (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (x) such other information respecting the condition, operations, financial or otherwise, of the business of the Parent or any of its Subsidiaries as the Agent may from time to time reasonably request.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/)

Additional Reporting Requirements. Deliver to the Agent Administrative Agent, who shall deliver to each Lender: (i) as soon as practicable practicable, and in any event within three (3) days after the Parent or any of its Subsidiaries Credit Party becomes aware of the occurrence of each a Default, Event of Default or Event a material adverse change in the financial or commercial conditions of Defaultany Credit Party or any of their Assets, a statement of signed by a senior officer of Key Officer acceptable to the Parent Majority Lenders setting forth the details of such Default or the Default, Event of Default or material adverse change and the action which the Parent Borrower proposes to take or has taken with respect thereto; taken; (ii) promptlyfrom time to time upon request of the Administrative Agent (at the direction of the Majority Lenders), evidence of (A) the maintenance of all insurance required to be maintained pursuant to this Agreement, including copies as the Administrative Agent (at the direction of the Majority Lenders) may request of policies, certificates of insurance, riders, endorsements and proof of premium payments, and in (B) the good standing of all Business Authorizations; (iii) promptly upon becoming aware thereof, a notice of (A) the threat of, or commencement of, any event within ten days after the Parent strike or lockout, (B) any work stoppage or other labour dispute, (C) any breach or non-performance of, or any of its Subsidiaries receives notice of or becomes aware default under, any Material Agreement of any suitof the Credit Parties, (D) any dispute, litigation, investigation, proceeding or similar action commenced or threatened by suspension between any Credit Party and any Governmental Entity Authority or affecting any Assets or Business Authorization of any Credit Party, (E) the threat of, commencement of, or any material adverse development in, any action, suit, arbitration, investigation or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Change; (iii) promptlyproceeding affecting any of the Credit Parties or their Assets, and in any event within ten (10F) days after the Parent or any of its Subsidiaries receives notice of or becomes aware of any cancellation or non-renewal of any Material Authorizations or any other licencesmatter, permits or other regulatory approvals (other than non-renewals in the ordinary course case of businessclauses (B), (C), (E) where such cancellation or non-renewal is reasonably likely (F) to result in a Material Adverse Change; (iv) notification of any notice received from, the extent that the same has had or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries which would could reasonably be expected to result have, individually or in the aggregate, a Material Adverse ChangeEffect; and (iv) promptly upon the mailing or delivery thereof to the shareholders of the Borrower, copies of all financial statements, reports and any proxy statements so mailed provided that, to the extent such statements or reports have been posted on the Borrower’s SEDAR page or CSE profile, the Borrower may provide notice to the Administrative Agent of such posting together with a link to the applicable statement or report on such page in satisfaction of its obligation under this Section 5.1(c)(iv)); (v) together with each Compliance Certificatepromptly upon their issuance, written notice copies of any previously undisclosed Subsidiaries of all material notices, reports (including all Form 7 and Form 9 notices and reports filed pursuant to the ParentCSE rules), press releases, circulars, offering documents and other documents filed with, or delivered to, any new Material Authorizations or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries used in the business of the Parent or any of its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11) in which the Parent or any of its Subsidiaries has any place of business or stores any tangible personal property with a realizable value in excess of $500,000 (stock exchange or the Equivalent Amount British Columbia Securities Commission or a similar Governmental Authority in any other currency)jurisdiction provided that, any other Investment by to the Parent extent such documents have been posted on the Borrower’s SEDAR page or any CSE profile, the Borrower may provide notice to the Administrative Agent of such posting together with a link to the applicable document on such page in satisfaction of its Subsidiaries in any Person other than a Guarantorobligation under this Section 5.1(c)(iv)); and (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any Loan Party; (vii) as soon as practicable, any change in the Financial Year of the Parent; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of any change in any Loan Party’s named executive officers as required to be disclosed to the SEC; (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (x) such other statements, reports, documents and information respecting the condition, operations, financial or otherwise, of the business of the Parent or any of its Subsidiaries as the Agent Majority Lenders may request from time to time reasonably request.time;

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

Additional Reporting Requirements. Deliver to the Agent Lender: (i) as soon as practicable available, and in any event within 30 days after the Parent end of each calendar month a detailed statement of the accounts payable of the Borrower and each Restricted Subsidiary as the Lender may reasonably require; (ii) promptly upon becoming aware thereof, notice of all actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, or any other event, materially adversely affecting the Borrower; (iii) promptly upon becoming aware thereof, notice of its Subsidiaries becomes any event that may have a Material Adverse Effect; (iv) within two Business Days of becoming aware thereof of any default, or event, condition or occurrence which with notice or lapse of time, or both, would constitute a default under any agreement for Debt of the Borrower and under which the Borrower or a Restricted Subsidiary owes at least Cdn.$100,000; (v) promptly notify the Lender of any changes to the corporate structure and shareholdings as contemplated herein with respect to the Borrower from that set forth in Schedule 8.1(s) hereto; (vi) as soon as practicable, and in any event within five days after the occurrence of each Default or Event of Default, a statement of a senior the chief financial officer of the Parent Borrower or any other officer acceptable to the Lender setting forth the details of such the Default or Event of Default and the action which the Parent Borrower proposes to take or has taken with respect thereto; taken; (iivii) promptlyfrom time to time upon request of the Lender, evidence of the maintenance of all insurance required to be maintained pursuant to this Agreement, including originals or copies as the Lender may request of policies, certificates of insurance, riders, endorsements and in proof of premium payments; (viii) promptly upon their issuance, copies of all notices, reports, press releases, circulars, offering documents and other documents filed with, or delivered to, any event within ten days after stock exchange or the Parent Ontario Securities Commission or any of its Subsidiaries receives notice of or becomes aware of any suit, proceeding or a similar action commenced or threatened by any Governmental Entity or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Change; (iii) promptly, and in any event within ten (10) days after the Parent or any of its Subsidiaries receives notice of or becomes aware of any cancellation or non-renewal of any Material Authorizations or any other licences, permits or other regulatory approvals (other than non-renewals in the ordinary course of business) where such cancellation or non-renewal is reasonably likely to result in a Material Adverse Change; (iv) notification of any notice received from, or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries which would reasonably be expected to result in a Material Adverse Change; (v) together with each Compliance Certificate, written notice of any previously undisclosed Subsidiaries of the Parent, any new Material Authorizations or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries used in the business of the Parent or any of its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11) in which the Parent or any of its Subsidiaries has any place of business or stores any tangible personal property with a realizable value in excess of $500,000 (or the Equivalent Amount in any other currency), any other Investment by the Parent or any of its Subsidiaries in any Person other than a Guarantorjurisdiction; (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any Loan Party; (vii) as soon as practicable, any change in the Financial Year of the Parent; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of any change in any Loan Party’s named executive officers as required to be disclosed to the SEC; and (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (x) such other information respecting the condition, condition or operations, financial or otherwise, of the business of Business or the Parent Borrower or any of its Subsidiaries Restricted Subsidiary as the Agent Lender may from time to time reasonably request.;

Appears in 2 contracts

Samples: Loan Agreement (Cantel Medical Corp), Loan Agreement (Cantel Medical Corp)

Additional Reporting Requirements. Deliver to the Agent Agent: (i) as soon as practicable after the Parent or any of its Subsidiaries Tucows Group Entity becomes aware of the occurrence of each Default or Event of Default, a statement of a senior officer of the Parent setting forth the details of such Default or Event of Default and the action which the Parent proposes to take or has have taken with respect thereto; ; (ii) promptly, and in any event within ten (10) days after the Parent or any of its Subsidiaries Loan Party receives notice of or becomes aware of any suit, proceeding or similar action commenced or threatened by any Governmental Entity or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Change; ; (iii) promptly, and in any event within ten (10) days after the Parent or any of its Subsidiaries Loan Party receives notice of or becomes aware of any cancellation or non-renewal of any Material Authorizations or any other licences, permits or other regulatory approvals (other than non-renewals in the ordinary course of business) where such cancellation or non-renewal is reasonably likely to result in a Material Adverse Change; ; (iv) notification of any notice received from, or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries the Loan Parties which would reasonably be expected to result in a Material Adverse Change; ; (v) together with each Compliance Certificate, written notice of any previously undisclosed Subsidiaries of the Parent, any new Material Authorizations or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries Tucows Group Entity used in the business of the Parent or any of its SubsidiariesTucows Group Entity, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its SubsidiariesTucows Group Entity, any jurisdiction not identified in Schedule 8.01(117.01(11) in which the Parent or any of its Subsidiaries Tucows Group Entity has any place of business or stores any tangible personal property with a realizable value in excess of $500,000 (or the Equivalent Amount in any other currency), any other Investment by the Parent or any of its Subsidiaries Tucows Group Entity in any Person other than a Guarantor; ; (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any Loan Party; ; (vii) as soon as practicable, any change in the Financial Year of the Parent; and ; (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of any change in any Loan Party’s named executive officers as required to be disclosed to the SEC; ; (ix) upon becoming aware of the occurrence thereof, provide notice (including the nature of the event and, when known, any action taken or threatened by any Governmental Entity with respect thereto) of any Canadian Pension Termination Event, and provide the notices required by Section 8.01(18); (x) upon becoming aware of the occurrence thereof, notification of the occurrence of a Reportable Compliance Event; (xi) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and and (xxii) such other information respecting the condition, operations, financial or otherwise, of the business of the Parent or any of its Subsidiaries Loan Party as the Agent may from time to time reasonably request.

Appears in 2 contracts

Samples: Credit Agreement (Tucows Inc /Pa/), Credit Agreement (Tucows Inc /Pa/)

Additional Reporting Requirements. Deliver to the Administrative Agent (with sufficient copies for each of the Lenders) (i) as soon as practicable possible, and in any event within five days after the Parent or any of its Subsidiaries Loan Party becomes aware of the occurrence of each Default or Event of Default, a statement of a senior Responsible Officer of such Loan Party or any other officer of acceptable to the Parent Administrative Agent setting forth the details of such Default or Event of Default and the action which the Parent such Loan Party proposes to take or has taken with respect thereto; (ii) promptlyfrom time to time upon request of the Administrative Agent, acting reasonably, evidence of maintenance of all insurance required to be maintained by Section 6.01(7), including such originals or copies as the Administrative Agent may reasonably request of policies, certificates of insurance and in any event within ten days after the Parent or any endorsements relating to such insurance and proof of its Subsidiaries receives notice of or becomes aware of any suit, proceeding or similar action commenced or threatened by any Governmental Entity or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Changepremium payments; (iii) promptlyif the total acquisition cost (including the purchase price and any assumed indebtedness but excluding any out-of-pocket expenses) of any Permitted Acquisition is greater than U.S. $65,000,000, at the reasonable request of the Administrative Agent, the Borrower shall provide further information regarding such Permitted Acquisition to the Administrative Agent; and in (iv) together with the Compliance Certificate to be delivered pursuant to Section 6.01(1)(a)(iii), written notice of any event within ten previously undisclosed, (10r) days after Material Subsidiaries of Open Text, (s) Material Permits which become necessary for the Parent conduct of the Business by the Loan Parties or any material amendment to, or termination of, any previously disclosed Material Permit, (t) pension plans of its Subsidiaries receives notice any Loan Party, (u) Material Agreements of any Loan Party or any material amendment to, termination of or becomes aware material default under any previously disclosed Material Agreement, (v) any acquisition of real or immovable property by any cancellation or non-renewal of any Material Authorizations or any other licences, permits or other regulatory approvals Loan Party (other than non-renewals excluding leases entered into in the ordinary course of business), and (w) where such cancellation or non-renewal is reasonably likely to result in a Material Adverse Changeany material Intellectual Property Rights; (ivx) notification to the extent necessary for perfection of security interests in any notice received frommaterial amount of tangible personal property under the PPSA, or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries which would reasonably be expected to result in a Material Adverse Change; (v) together with each Compliance Certificate, written notice of any previously undisclosed Subsidiaries new location of the Parent, any new Material Authorizations or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries used in the business of the Parent or any of its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11) in which the Parent or any of its Subsidiaries has any place of business or stores any such tangible personal property with to the extent located in a realizable value jurisdiction within Canada as to which no effective PPSA financing statement has been filed in excess favour of $500,000 (the Collateral Agent or the Equivalent Amount in any other currency), any other Investment by Administrative Agent over the Parent or any Assets of its Subsidiaries in any Person other than a Guarantor; (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any applicable Loan Party; (vii) as soon as practicable, any change in the Financial Year of the Parent; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of any change in any Loan Party’s named executive officers as required to be disclosed to the SEC; (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (xy) such other information respecting the condition, condition or operations, financial or otherwise, of the business of the Parent or any of its Subsidiaries the Loan Parties as the Agent Administrative Agent, on behalf of the Lenders, may from time to time reasonably request.

Appears in 1 contract

Samples: Credit Agreement (Open Text Corp)

Additional Reporting Requirements. Deliver Each of the Borrowers and the Parent Guarantor, as applicable, shall deliver, or cause to be delivered, to the Administrative Agent electronically or with sufficient copies for each of the Lenders: (i) as soon as practicable practicable, and in any event, within two (2) Business Days after the Parent or any of its Subsidiaries becomes becoming aware of the occurrence of each Default or Event of Default, a statement of the Chief Financial Officer, President or a senior officer Senior Vice-President of the Parent Guarantor or any other officer acceptable to the Administrative Agent setting forth the details of such the Default or Event of Default and the action which the Parent proposes Guarantor and the Borrowers propose to take or has taken with respect theretohave taken; (ii) promptlypromptly in writing after becoming aware, and in any event within ten days after the Parent or any of its Subsidiaries receives a notice of any previously undisclosed actions, suits, arbitrations or becomes aware of any suitproceedings pending, proceeding or similar action commenced taken or threatened before or by any Governmental Entity Authority or other Person which, if determined adversely, would which could reasonably be likely expected to result in have a Material Adverse ChangeEffect; (iii) promptlyas soon as possible, and but in any event within no later than ten (10) days after the Parent or any actual knowledge of its Subsidiaries receives notice of or becomes aware each occurrence, full particulars of any cancellation proceeding initiated against a Borrower or non-renewal the Property Nominee alleging violation of any Material Authorizations Environmental Laws or responsibility for any domestic or foreign clean up or remediation of the Property or the Signage contaminated by Hazardous Substances or requiring any other licencesremedial or corrective action under any Environmental Laws, permits or other regulatory approvals (other than non-renewals in the ordinary course of business) where such cancellation or non-renewal is reasonably likely to result in a Material Adverse Change; (iv) notification and of any notice received from, of any material condition with respect to the Property or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries Signage which would might reasonably be expected to result in any violation of any Environmental Laws, and of any action taken by the Borrowers as a result of any Environmental Laws, which, in each case above, has had, or which could reasonably be expected to have a Material Adverse ChangeEffect; and (viv) together with each Compliance Certificateas soon as reasonably practicable, written notice in writing of any previously undisclosed Subsidiaries of the Parentevent, any new Material Authorizations circumstance or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract condition of which the Parent has knowledge, any additional material and registered, Guarantor or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries used in the business of the Parent or any of its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11) in which the Parent or any of its Subsidiaries has any place of business or stores any tangible personal property with a realizable value in excess of $500,000 (or the Equivalent Amount in any other currency), any other Investment by the Parent or any of its Subsidiaries in any Person other than a Guarantor; (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any Loan Party; (vii) as soon as practicable, any change in the Financial Year of the Parent; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party Borrower becomes aware of any change in any Loan Party’s named executive officers as required that has had a Material Adverse Effect or which could reasonably be expected to be disclosed to the SEC; (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (x) such other information respecting the condition, operations, financial or otherwise, of the business of the Parent or any of its Subsidiaries as the Agent may from time to time reasonably requesthave a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Entertainment Properties Trust)

Additional Reporting Requirements. Deliver (1) Promptly upon the completion thereof and in no event later than thirty (30) days thereafter, the Borrower shall provide the Administrative Agent with a copy of any material amendment, addition or revised version of each of the Business Plans. (2) Promptly upon the execution and delivery thereof, the Borrower shall provide the Administrative Agent with copies of all agreements regarding leases and similar transactions contemplated by Section 8.2(m); provided, however, that the Administrative Agent shall maintain the confidentiality of the parties, terms and conditions of such agreements subject to the exceptions contained in the first paragraph of Section 16.13. (3) The Borrower shall, and shall cause IMPSAT to, provide to the Administrative Agent (i) as soon as practicable after and the Parent Lenders copies of any proposed public announcement referencing the Administrative Agent or any of its Subsidiaries becomes aware the Lenders by name with respect to any financial accommodation proposed or granted by the Administrative Agent or such Lender before such announcement is made to the public. Subject to Applicable Law, such announcement shall be subject to the prior approval of the occurrence of each Default Administrative Agent or Event of Defaultsuch Lender, a statement of a senior officer of such approval not to be unreasonably withheld. To the Parent setting forth extent that Applicable Law requires such public announcement to be filed with any Governmental Authority, the details Borrower shall, and shall cause IMPSAT to, provide copies of such Default or Event of Default public announcement to the Administrative Agent and the action which Lenders at least two (2) Business Days prior to filing such public announcement with such Governmental Authority. (4) If requested by the Parent proposes Administrative Agent, the Borrower shall deliver or cause to take or has taken with respect thereto; be delivered to the Administrative Agent and the Lenders within forty-five (ii) promptly, and in any event within ten days after the Parent or any of its Subsidiaries receives notice of or becomes aware of any suit, proceeding or similar action commenced or threatened by any Governmental Entity or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Change; (iii) promptly, and in any event within ten (1045) days after the Parent or any beginning of each fiscal year, updated Borrower and IMPSAT Business Plans, quarterly projections of its Subsidiaries receives notice of or becomes aware of any cancellation or non-renewal of any Material Authorizations or any other licencesand IMPSAT's anticipated income, permits or other regulatory approvals (other than non-renewals expenses, cash flow, assets and liabilities through the Maturity Date prepared in the ordinary course of business) where such cancellation or non-renewal is reasonably likely to result in a Material Adverse Change; (iv) notification of any notice received from, or other action taken good faith on assumptions believed by or proposed Borrower and IMPSAT to be taken byreasonable and in form and substance satisfactory to the Administrative Agent. (5) The Borrower shall deliver to the Administrative Agent and the Lenders within forty-five (45) days after the beginning of each fiscal year, any creditor (other than Lenders) of the Parent or any an updated Borrower Annual Operating Budget including monthly projections of its Subsidiaries which would reasonably anticipated income, expenses, cash flow, assets and liabilities prepared in good faith on assumptions believed by Borrower to be expected reasonable and in form and substance satisfactory to result in a Material Adverse Change; the Administrative Agent. (v6) together with each Compliance CertificateThe Borrower shall, and shall cause IMPSAT to, provide prior written notice of any previously undisclosed Subsidiaries board meeting of the ParentBorrower or IMPSAT as applicable, any new Material Authorizations or Material Contracts, any cancellation or termination as well as copies of any Material Authorization or Material Contractmaterials distributed to the board members of each such Person to the Administrative Agent. (7) From time to time, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of Borrower shall deliver to the Parent or any of its Subsidiaries used in Administrative Agent such other information regarding the business of the Parent or any of Borrower, its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of IMPSAT, the Parent Network and the Telecommunications Business as the Administrative Agent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11) in which the Parent or any of its Subsidiaries has any place of business or stores any tangible personal property with a realizable value in excess of $500,000 (or the Equivalent Amount in any other currency), any other Investment by the Parent or any of its Subsidiaries in any Person other than a Guarantor; (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any Loan Party; (vii) as soon as practicable, any change in the Financial Year of the Parent; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of any change in any Loan Party’s named executive officers as required to be disclosed to the SEC; (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (x) such other information respecting the condition, operations, financial or otherwise, of the business of the Parent or any of its Subsidiaries as the Agent Lender may from time to time reasonably request.

Appears in 1 contract

Samples: Financing Agreement (Impsat Fiber Networks Inc)

Additional Reporting Requirements. Deliver to the Agent (with sufficient copies for each of the Lenders) (i) as soon as practicable available, and in any event within five Business Days after the Parent SGC or any Subsidiary of its Subsidiaries becomes aware SGC learns of the occurrence of each a Default or Event of Default, a statement of a senior the chief financial officer of SGC or any other officer acceptable to the Parent Agent setting forth the details of such the Default or Event of Default and the action which the Parent SGC proposes to take or has taken with respect theretotaken; (ii) promptly, and in any event within ten days after the Parent or any of its Subsidiaries receives written notice of or becomes aware of any suit, proceeding or similar action commenced or threatened by any Governmental Entity or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Change; (iii) promptly, and in any event within ten (10) days after the Parent or any of its Subsidiaries receives notice of or becomes aware of any cancellation or non-renewal of any Material Authorizations Adverse Change or any other licencesevent which, permits with notice or other regulatory approvals (other than non-renewals in the ordinary course lapse of business) where such cancellation time or non-renewal is reasonably likely to result in a Material Adverse Change; (iv) notification of any notice received fromboth, or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries which would could reasonably be expected to result in a Material Adverse ChangeChange or Event of Default within five Business Days after SGC or any Subsidiary of SGC learns thereof; (viii) together with each the Compliance CertificateCertificate to be delivered pursuant to Section 8.01(a)(iii), written notice of any previously undisclosed Subsidiaries of the Parent(q) trademarks, any new Material Authorizations tradenames, copyrights, patents and intellectual property licences (other than software licences), (r) jurisdictions (or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries used in the business of the Parent or any of its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11districts within such jurisdictions) in which the Parent SGC or any of its Subsidiaries has any place of business or stores any tangible personal property with a realizable value in excess of exceeding $500,000 (or the Equivalent Amount equivalent amount in any other currency), any (s) Subsidiaries of SGC or membership, partnership, joint venture, syndicate interest or other Investment by the Parent interest of SGC or any of its Subsidiaries in any other Person, (t) actions, suits, arbitrations or proceedings pending, taken or threatened before or by any Governmental Entity or other Person other than a Guarantoraffecting SGC or any of its Subsidiaries, (u) Lease or acquisition of real property by SGC or any of its Subsidiaries, (v) Material Permits, (w) pension plans of SGC or any of its Subsidiaries (x) Material Agreements, and (y) labour contracts or collective agreements of SGC or any of its Subsidiaries in each case promptly after SGC or any of its Subsidiaries learns thereof; (viiv) together with each Compliance Certificatefrom time to time upon request of the Agent, notification evidence of Eligible Hedging Agreements entered into the maintenance of all insurance required to be maintained pursuant to this Agreement, including originals or copies as the Agent may request of policies, certificates of insurance, riders, endorsements and proof of premium payments; (v) promptly upon their issuance, copies of all notices, reports, press releases, circulars, offering documents and other documents filed with, or delivered to, any stock exchange or the Ontario Securities Commission or a similar Governmental Entity in any other jurisdiction (it is agreed that the Borrower may furnish the information specified in this 8.01(b)(v) by the Parent or any Loan Partymaking such information available on SEDAR); (vii) as soon as practicablewritten notice of any breach or alleged breach of any representations, any change warranties, covenants or other agreements contained in the Financial Year Acquisition Agreement or any other transaction document delivered in connection therewith (an “Acquisition Breach”) or any event, condition or circumstance which with the giving of notice, the Parentpassage of time or the happening of some other event could result in an Acquisition Breach within one Business Day after SGC or any Subsidiary of SGC learns thereof; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of any change in any Loan Party’s named executive officers as required to be disclosed to the SEC; (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (x) such other information respecting the condition, condition or operations, financial or otherwise, of the business of the Parent SGC or any of its Subsidiaries as the Agent Agent, on behalf of the Lenders, may from time to time reasonably request.

Appears in 1 contract

Samples: Credit Agreement (Stratos Funding, LP)

Additional Reporting Requirements. Deliver to the Administrative Agent (i) as soon as practicable and in any event not more than 90 days after the Parent or end of each Financial Year of the Borrower, the Annual Business Plan for the next Financial Year (the First Annual Business Plan to be delivered hereunder being in respect of the Financial Year 2007) together with detailed schedules and information supplementary to and consistent with such Annual Business Plan; (ii) as soon as possible, and in any of its Subsidiaries event within five days after the Borrower becomes aware of the occurrence of each any Default or Event of Default, a statement of a senior the chief financial officer, treasurer or chief operating officer of the Parent Borrower or any other officer acceptable to the Administrative Agent setting forth the details of such Default or Event of Default and the action which the Parent Borrower proposes to take or has taken with respect thereto; (iiiii) prompt notice in writing of any default, or event, condition or occurrence which with notice or lapse of time, or both, would constitute a default under any agreement in respect of Debt to which the Borrower or any of its Subsidiaries owes (contingently or otherwise) at least C$25,000,000 (or the equivalent amount in any other currency); (iv) from time to time upon request of the Administrative Agent, evidence of maintenance of all insurance required to be maintained by Section 8.01(m), including such originals or copies as the Administrative Agent may reasonably request of policies, certificates of insurance, riders and endorsements relating to such insurance and proof of premium payments; (v) promptly upon the issuance thereof, copies of all notices and other documents (which are considered material under the Securities Act (Quebec), as amended from time to time) in respect of the Borrower filed with, or delivered to, any stock exchange or to the Quebec or Ontario Securities Commission or similar Governmental Entity in any other jurisdiction (with the exception of any private and confidential filings) by the Borrower or any of its Subsidiaries; (vi) promptly, and in any event within ten 10 days after the Parent Borrower or any of its Subsidiaries receives notice of or becomes aware of any suit, proceeding or similar action commenced or threatened by any Governmental Entity or other Person which, if determined adversely, would reasonably be likely to result in a Material Adverse Change; (iii) promptly, and in any event within ten (10) days after the Parent or any of its Subsidiaries receives notice of or becomes aware of any cancellation or non-renewal of any Material Authorizations or any other licencesPerson, permits or other regulatory approvals (other than non-renewals in the ordinary course of business) where such cancellation or non-renewal is reasonably likely to result in a Material Adverse Change; (iv) notification of any notice received from, or other action taken by or proposed to be taken by, any creditor (other than Lenders) of the Parent or any of its Subsidiaries which would reasonably be expected to result in have a Material Adverse Change; (v) together with each Compliance Certificate, written notice of any previously undisclosed Subsidiaries of the Parent, any new Material Authorizations or Material Contracts, any cancellation or termination of any Material Authorization or Material Contract, any default or event of default under any Material Authorization or Material Contract of which the Parent has knowledge, any additional material and registered, or applications for registration of, Owned Intellectual Property of the Parent or any of its Subsidiaries used in the business of the Parent or any of its Subsidiaries, any additional Material Owned Real Property or Material Leased Real Property of the Parent or any of its Subsidiaries, any jurisdiction not identified in Schedule 8.01(11) in which the Parent or any of its Subsidiaries has any place of business or stores any tangible personal property with a realizable value in excess of $500,000 (or the Equivalent Amount in any other currency), any other Investment by the Parent or any of its Subsidiaries in any Person other than a Guarantor; (vi) together with each Compliance Certificate, notification of Eligible Hedging Agreements entered into by the Parent or any Loan PartyEffect; (vii) as soon as practicable, prompt notice of any change material changes in the Financial Year accounting or financial reporting practices of the ParentBorrower; and (viii) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware prompt notice of any change in any Loan Party’s named executive officers as required ERISA Event which could reasonably be expected to be disclosed to the SEC; constitute an Event of Default and (ix) as soon as practicable after any senior officer of the Parent or any Loan Party becomes aware of the discharge by any Loan Party of its present public accounting firm or any withdrawal or resignation by such public accounting firm; and (x) such other information respecting the condition, condition or operations, financial or otherwise, of the business of the Parent Borrower or any of its Subsidiaries as the Agent Administrative Agent, on behalf of the Lenders, may from time to time reasonably request.

Appears in 1 contract

Samples: Credit Agreement (Quebecor Media Inc)