Borrower Reports Clause Samples

Borrower Reports. Except as set forth on Schedule 3.6, Borrower has timely filed (after giving effect to any extensions timely filed for) all material reports, registrations, statements and other filings, together with any amendments required to be made with respect thereto, that were required to be filed since December 31, 2004, with the SEC (all such reports being collectively referred to herein as the “Borrower Reports”). As of their respective dates (and without giving effect to any amendments or modifications filed after the date of this Agreement with respect to Borrower Reports filed before the date of this Agreement), each of Borrower Reports and the contents thereof complied in all material respects with the statutes, rules, regulations and orders enforced or promulgated by the SEC (including Regulation FD), and, as of the respective date any such Borrower Report was filed, did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Borrower has filed all contracts, agreements and other documents or instruments required to be filed as exhibits to Borrower Reports. Borrower has furnished or made available to Lenders true and complete copies of any comments, notices or other correspondence it has received from the staff of the SEC.

Borrower Reports. Until all Advances under the Line of Credit Note, together with accrued interest thereon, are fully repaid to Bank, Borrower agrees promptly to provide Bank with the following periodic reports:

Borrower Reports. In the case of each Mortgage Loan, the related Mortgage Loan Documents require the related Borrower, in some cases at the request of the lender, to provide to the holder of such Mortgage Loan operating statements and rent rolls not less frequently than quarterly and financial statements of the Borrower not less frequently than annually (except if the Mortgage Loan has an outstanding principal balance of less than or equal to $3,500,000 as of the Cut-Off Date which case the Mortgage Loan Documents require the borrower, in some cases at the request of the lender, to provide to the holder of such Mortgage Loan operating statements and (if there is more than one tenant) rent rolls and/or financial statements of the Borrower annually). EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Exhibit 2 to the Mortgage Loan Purchase Agreement. Any exception listed below in respect of a particular representation or warranty shall also be deemed to apply to any other applicable representation or warranty. Annex A Control ID # Mortgage Loan Exceptional ------------------------------------------------------------------------------------------------- Exception to Representation (12): Environmental Conditions. ------------------------- Congress Park Apartments Initial testing of a sampling of units at some Savannah Sound Apartments properties indicated radon gas level results above Chimney Ridge - Phase I the EPA's published guideline level of 4.0 Chadwick Place Apartments picocuries per liter (the "Guideline Le▇▇▇"). ▇est Village Woods Estates results were provided to the Borrowers and foll▇▇-▇▇ Overland Park Estates by Borrowers has been requested, including suggested Chimney Ridge Phase II re-testing of the apartments units that had previously tested above the Guideline Level. At Village Woods ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ the Guideline Level were re-tested and only one unit tested above the Guideline Level; as a result Borrower installed a venting system in that unit.

Borrower Reports. Borrower will provide Lender the reports listed below in a format and frequency acceptable to the Lender. All reports, which are to be submitted in Excel format and/or via direct data submission to an online computer system authorized and in form and substance acceptable to Lender, are due as follows: (i) completed Availability Certificate is due weekly (or if needed for advance purposes daily) to be delivered no later than 10:00 AM EST or DST, whichever is in effect; (ii) a detailed invoice date aging of the Accounts is due weekly; (iii) A complete customer list of all Accounts with contact information (name of primary contact, address and telephone number) is due at the beginning of each calendar month and (iv) a monthly projections for the next fiscal year, due no later than sixty days before the end of the current fiscal year; (v) monthly bank statements for all bank accounts of the Borrower; (vi) monthly evidence of all of its tax payments; and (vii) together with each delivery of financial statements required above, the certificate of Borrower substantially in the form of Exhibit A hereto signed by the designated officer of Borrower stating, among other things, that no event has occurred which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given, or time elapse or both, under this Agreement (such certificate shall publish the accounting calculations used to determine compliance or noncompliance with Borrower’s financial obligations and financial covenants provided in this Agreement), or, if any such Event of Default or Defaults exists, specifying the nature thereof.

Borrower Reports. The Borrower will furnish to the Lender: as soon as available and in any event within forty-five (45) days after the end of each fiscal quarter of the Borrower, balance sheets (which are to be consolidated, if applicable) of the Borrower as of the end of such fiscal quarter and statements of income (or loss), stockholder’s equity (or deficiency) and cash flow (which are to be consolidated, if applicable) of the Borrower for the period commencing at the end of the previous fiscal year of the Borrower and ending with the end of such fiscal quarter, all in reasonable detail and certified by a Responsible Officer as presenting fairly the financial position (on a consolidated basis, if applicable) of the Borrower and its Subsidiaries, as of the date indicated and the results of its operations and changes in financial position (on a consolidated basis, if applicable) for the period indicated in conformity with GAAP, consistently applied, subject to changes resulting from year-end adjustments; provided, however, that the timely filing by Borrower with the Securities and exchange Commission via ▇▇▇▇▇ of its quarterly reports on Form 10-Q and its annual report on Form 10-K shall be deemed to fulfill the requirements of this Section; upon request by Lender, within ten (10) Business Days of filing, copies of the tax returns of the Borrower; and such other reports and as the Lender may from time to time reasonably request. 11

Borrower Reports. 11 3.7 Borrower Financial Statements..........................12 3.8 Absence of Undisclosed Liabilities.....................12

Borrower Reports. Borrower will provide Lender the reports listed below in a format and frequency acceptable to the Lender. All reports, which are to be submitted in Excel format and/or via direct data submission to an online computer system authorized and in form and substance acceptable to Lender, are due as follows: (i) Borrowing Base Certificate is due with each funding request and to be delivered no later than 11:00 AM EST or DST, whichever is in effect; (ii) a detailed invoice date aging of the Accounts is due each day not later than 11:00 AM EST or DST, whichever is in effect; (iii) a complete customer list of all Accounts with contact information (name of primary contact, address and telephone number) is due at the beginning of each calendar quarter and (iv) a summary listing of Inventory stating approximate values and location is due no later than the fifth Business Day following each month end.

Borrower Reports. Each request for an advance hereunder shall be accompanied by B▇▇▇▇▇▇▇’s report to Lender evidencing the Borrowing Base as of the close of the previous Business Day, in a form and containing such content as Lender shall from time-to-time specify to Borrower, including but not limited to: reports of the Borrower’s Accounts itemized by age; reports o the inventory itemized by type, including its quantity, geographical location, and information identifying any third party in possession or control thereof. B▇▇▇▇▇▇▇’s report shall also report Eligible Accounts Receivable on a gross basis, and be itemized as to all offsets that may be claimed by any account obligor as further set forth in the definition of Eligible Accounts Receivable above. If at the end of any calendar month any amount is outstanding hereunder, not later than the 15th day of the following month, Borrower shall provide Lender a report containing the above information as of the end of such prior month. Borrower shall also provide Lender such reports at other times specified by L▇▇▇▇▇. The request for advances shall be on the form attached hereto as Exhibit A, unless Lender specifies otherwise.

Borrower Reports. In the case of each Mortgage Loan, the related Mortgage Loan Documents require the related Borrower, in some cases at the request of the lender, to provide to the holder of such Mortgage Loan operating statements and rent rolls not less frequently than quarterly and financial statements of the Borrower not less frequently than annually (except if the Mortgage Loan has an outstanding principal balance of less than or equal to $3,500,000 as of the Cut-off Date which case the Mortgage Loan Documents require the borrower, in some cases at the request of the lender, to provide to the holder of such Mortgage Loan operating statements and (if there is more than one tenant) rent rolls and/or financial statements of the Borrower annually). Representation numbers referred to below relate to the corresponding Mortgage Loan representations and warranties set forth in Exhibit 2 to the Mortgage Loan Purchase Agreement. Any exception listed below in respect of a particular representation or warranty shall also be deemed to apply to any other applicable representation or warranty. Annex A Control ID # Mortgage Loan Exception --------