Common use of Basic Reporting Requirements Clause in Contracts

Basic Reporting Requirements. The Company shall furnish to the Holders: (1) as soon as available but in any event within one hundred twenty (120) days after the close of each Fiscal Year, the audited consolidated Financials of the Company and its Subsidiaries for such Fiscal Year, certified by the Company’s accountants and accompanied, in the case of such consolidated Financials of the Company, by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such consolidated Financials fairly present the consolidated financial condition and results of operations of the Company and its Subsidiaries as of the end of, and for, such Fiscal Year in accordance with GAAP; (2) as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Company and its Subsidiaries for such quarter, certified by its chief financial officer pursuant to a Financial Officer Certification; (3) together with the quarterly unaudited and annual audited consolidated Financials, a certificate of the Company setting forth computations demonstrating compliance with the financial covenants set forth in Section 10.17, and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Company with respect thereto; (4) within sixty (60) days after the end of each Fiscal Year, commencing with Fiscal Year 2008, an updated version of the projections of cash flows attached hereto as Schedule 9.1(a) which projections shall be at least as broad in scope and as detailed as the Financial Plan delivered on the Closing Date; and (5) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of the Company or any of its Subsidiaries, or compliance with the terms of this Agreement and the Note Purchase Documents, as any Holder may reasonably request.

Basic Reporting Requirements. The Company Borrower shall furnish to the Holders: Agent and the Lenders: (1i) as soon as available but in any event within one hundred twenty fifty (120150) days after the close of each Fiscal Year, commencing with the Fiscal Year ended December 31, 2009, the audited consolidated Financials of the Company Borrower and its Subsidiaries for such Fiscal Year, certified by the Company’s accountants and accompanied, in the case of such consolidated Financials of the Company, by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such consolidated Financials fairly present the consolidated financial condition and results of operations of the Company and its Subsidiaries as of the end of, and for, such Fiscal Year in accordance with GAAP; Borrower's accountants; (2ii) as soon as available but in any event within sixty forty-five (6045) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Company Borrower and its Subsidiaries for such quarter, certified by its chief financial officer pursuant to a Financial Officer Certification; ; (3iii) as soon as available but in any event within fifteen (15) Business Days after the end of each fiscal month, the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; (iv) together with the monthly, quarterly unaudited and annual audited consolidated Financials, a certificate of the Company Borrower setting forth computations demonstrating compliance with the financial covenants provisions set forth in Section 10.176.2, and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Company Borrower with respect thereto; ; (4v) within sixty not later than thirty (6030) days after prior to the end of each Fiscal Year, commencing with Fiscal Year 2008, an updated version financial projection for the succeeding Fiscal Year; (vi) on the date hereof and on every Friday following the date hereof until the Maturity Date (or, in the case of any Friday that is not a Business Day, the immediately preceding Business Day), the Borrower agrees to deliver to the Agent and the Lenders a cash-flow budget (such budget, as amended or modified from time to time by mutual agreement between the Borrower and the Lenders, the "Budget") for, (A) in the case of the projections of cash flows attached hereto Budget to be delivered as Schedule 9.1(a) which projections shall be at least as broad in scope and as detailed as the Financial Plan delivered on the Closing Date; and (5) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of the Company or any date hereof, the thirteen (13) week period following the date of its Subsidiariesdelivery thereof, or compliance with the terms of this Agreement and the Note Purchase Documents, as any Holder may reasonably request.and

Basic Reporting Requirements. The Company Borrower shall furnish to the Holders: Agent and the Lenders upon, but only upon, the request of a Lender or the Agent: (1i) if the Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the Exchange Act, as soon as available but in any event within one hundred twenty ninety (12090) days after the close of each Fiscal Year, the audited consolidated Financials of the Company Borrower and its Subsidiaries for such Fiscal Year, certified by the CompanyBorrower’s accountants and accompanied, in accountants; (ii) if the case of such consolidated Financials Borrower at any time ceases to timely file periodic reports pursuant to Section 13 of the CompanyExchange Act, by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such consolidated Financials fairly present the consolidated financial condition and results of operations of the Company and its Subsidiaries as of the end of, and for, such Fiscal Year in accordance with GAAP; (2) as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Company Borrower and its Subsidiaries for such quarter; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; ; (3iv) together with the quarterly unaudited and annual audited consolidated Financials, a certificate of the Company Borrower setting forth computations demonstrating compliance with the financial covenants set forth in Section 10.17, 6.2 and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Company Borrower with respect thereto; ; (4v) within sixty promptly upon Borrower obtaining knowledge of (60i) days after the institution of, or non frivolous written threat of, any Action not previously disclosed in writing by Borrower to Lenders, or (ii) any material development in any Action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower to enable Lenders and their counsel to evaluate such matters; (vi) as soon as available but in no event later than the end of each Fiscal Year, commencing with Fiscal Year 2008, an updated version financial projection for the succeeding Fiscal Year; (vii) promptly upon their becoming available, all minutes and written resolutions of the projections Board of cash flows attached hereto as Schedule 9.1(a) which projections shall be at least as broad in scope and as detailed as Directors of the Financial Plan delivered on the Closing DateBorrower; and and (5viii) promptly following upon their becoming available, copies of all statements, reports, releases, notices and any request therefor, such other information regarding or data sent or made available generally or required to be disclosed by the operations, business affairs and financial condition of the Company or any of Borrower to its Subsidiaries, or compliance with the terms of this Agreement and the Note Purchase Documents, as any Holder may reasonably requestshareholders.

Basic Reporting Requirements. The Company Borrower shall furnish to the Holders: Agent and the Lenders: (1i) as soon as available but in any event within one hundred twenty ninety (12090) days after the close of each Fiscal Year, the audited consolidated Financials of the Company Borrower and its Subsidiaries for such Fiscal Year, certified by the Company’s accountants and accompanied, in the case of such consolidated Financials of the Company, by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such consolidated Financials fairly present the consolidated financial condition and results of operations of the Company and its Subsidiaries as of the end of, and for, such Fiscal Year in accordance with GAAP; Borrower's accountants; (2ii) as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Company Borrower and its Subsidiaries for such quarter; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; ; (3iv) together with the quarterly unaudited and annual audited consolidated Financials, a certificate of the Company setting forth computations demonstrating compliance with the financial covenants set forth in Section 10.17, and Borrower certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Company Borrower with respect thereto; ; (4v) within sixty promptly upon Borrower obtaining knowledge of (60i) days after the institution of, or non frivolous written threat of, any Action not previously disclosed in writing by Borrower to Lenders, or (ii) any material development in any Action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Borrower to enable Lenders and their counsel to evaluate such matters; (vi) as soon as available but in no event later than the end of each Fiscal Year, commencing with Fiscal Year 2008, an updated version financial projection for the succeeding Fiscal Year; (vii) promptly upon their becoming available, all minutes and written resolutions of the projections Board of cash flows attached hereto as Schedule 9.1(a) which projections shall be at least as broad in scope and as detailed as Directors of the Financial Plan delivered on the Closing DateBorrower; and and (5viii) promptly following upon their becoming available, copies of all statements, reports, releases, notices and any request therefor, such other information regarding or data sent or made available generally by the operations, business affairs and financial condition of the Company or any of Borrower to its Subsidiaries, or compliance with the terms of this Agreement and the Note Purchase Documents, as any Holder may reasonably requestshareholders.

Basic Reporting Requirements. The Company Borrower shall furnish to the Holders: Agent and the Lenders: (1i) as soon as available but in any event within one hundred twenty ninety (12090) days after the close of each Fiscal Year, the audited consolidated Financials of the Company Borrower and its Subsidiaries for such Fiscal Year, certified by the CompanyBorrower’s accountants and accompanied, in the case of such consolidated Financials of the Company, by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such consolidated Financials fairly present the consolidated financial condition and results of operations of the Company and its Subsidiaries as of the end of, and for, such Fiscal Year in accordance with GAAP; accountants; (2ii) as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Company Borrower and its Subsidiaries for such quarter, certified by its chief financial officer pursuant to a Financial Officer Certification; ; (3iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Borrower and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; (iv) together with the quarterly unaudited and annual audited consolidated Financials, a certificate of the Company Borrower setting forth computations demonstrating compliance with the financial covenants set forth in Section 10.176.2, and certifying that no Default or Event of Default has occurred, or if a Default or an Event of Default has occurred, the actions taken by the Company Borrower with respect thereto; ; (4v) within not later than sixty (60) days after prior to the end of each Fiscal Year, commencing with Fiscal Year 2008, an updated version of financial projection for the projections of cash flows attached hereto as Schedule 9.1(asucceeding Fiscal Year; and (vi) which projections shall be at least as broad in scope any time and as detailed as from time to time the Financial Plan delivered on the Closing Date; and (5) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of the Company Borrower or any of its SubsidiariesGuarantor obtains an ownership interest in any New IP Collateral (as such term is defined in the Security Agreement) it shall deliver to Agent a written report, or compliance with in reasonable detail, setting forth the terms of this Agreement and the Note Purchase Documents, as any Holder may reasonably requestNew IP Collateral.

Basic Reporting Requirements. The Company shall furnish to the Holders: Investor: (1i) as soon as available but in any event within one hundred twenty ninety (12090) days after the close of each Fiscal Year, the audited consolidated Financials of the Company and its Subsidiaries for such Fiscal Year, certified by the Company’s accountants and accompanied, in the case of such consolidated Financials of the Company, by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such consolidated Financials fairly present the consolidated financial condition and results of operations of the Company and its Subsidiaries as of the end of, and for, such Fiscal Year in accordance with GAAP; 's accountants; (2ii) as soon as available but in any event within sixty (60) days after the end of each Fiscal Quarter, the unaudited consolidated Financials of the Company and its Subsidiaries for such quarter; (iii) as soon as available but in any event within thirty (30) Business Days after the end of each fiscal month the unaudited consolidated Financials of the Company and its Subsidiaries for such month, certified by its chief financial officer pursuant to a Financial Officer Certification; ; (3iv) together with the quarterly unaudited and annual audited consolidated Financials, a certificate of the Company setting forth computations demonstrating compliance with the financial covenants set forth in Section 10.17, and certifying that (i) no Default or Event of Default has occurred and (ii) no Accelerated Redemption Event has occurred, or if a Default any such event in subsection (i) or an Event of Default (ii) has occurred, the actions taken by the Company with respect thereto; ; (4v) within sixty promptly upon Company obtaining knowledge of (60i) days after the institution of, or non-frivolous written threat of, any Action not previously disclosed in writing by Company to Investors, or (ii) any material development in any action that, in the case of either clause (i) or (ii), if adversely determined could be reasonably expected to have a Material Adverse Effect, or seeks to enjoin or otherwise prevent the consummation of, or to recover any material damages or obtain relief as a result of, the transactions contemplated hereby, written notice thereof together with such other information as may be reasonably available to Company to enable Investors and their counsel to evaluate such matters; (vi) as soon as available but in any event no later than the end of each Fiscal Year, commencing with Fiscal Year 2008, an updated version financial projection for the succeeding Fiscal Year; (vii) promptly upon their becoming available, all minutes and written resolutions of the projections Board of cash flows attached hereto as Schedule 9.1(a) which projections shall be at least as broad in scope and as detailed as Directors of the Financial Plan delivered on the Closing Date; and Company; (5viii) promptly following upon their becoming available, copies of all statements, reports, releases, notices and any request thereforother information or data sent or made available generally by the Company to its shareholders; and (ix) with reasonable promptness, such other information regarding the operations, business affairs and financial condition of data concerning the Company or any of and its Subsidiaries, or compliance with the terms of this Agreement and the Note Purchase Documents, Subsidiaries as any Holder may reasonably Person entitled to receive information under this Section 2.01(a) shall request.