Borrowing Base Certificate; Other Information. Cause the Borrower Agent to deliver to the Lender, in form and detail satisfactory to the Lender:
a. on or before the 20th of each month from and after the date hereof, Borrower Agent shall deliver to the Lender, in form acceptable to the Lender, a Borrowing Base Certificate as of the last day of the immediately preceding month, with such supporting materials as the Lender shall reasonably request (including monthly reporting
(a) to reflect its reasonable estimate of declines in value of any Collateral, due to collections received in the Concentration Account or otherwise; (b) to reflect changes in dilution, quality, mix and other factors affecting Collateral; and (c) to the extent the calculation is not made in accordance with this Agreement or does not accurately reflect the Availability Reserve or the Borrowing Base;
b. on or before the 20th day of each calendar month from and after the date hereof, Borrower Agent shall deliver to the Lender, in the form reasonably acceptable to the Lender, (i) reconciliations of all Borrowers’ Accounts as shown on the month end Borrowing Base Certificate for the immediately preceding month to Borrowers’ accounts receivable agings, to Borrowers’ general ledger and to Borrowers’ most recent financial statements, (ii) accounts payable agings, (iii) accounts receivable agings, (iv) reconciliations of Borrowers’ Inventory as shown on Borrowers’ perpetual inventory, to Borrowers’ general ledger and to Borrowers’ financial statements and (v) Inventory status reports, all with supporting materials as the Lender shall reasonably request;
c. a Compliance Certificate executed by the chief executive officer, chief financial officer, treasurer or controller of the Borrower Agent which certifies compliance with Section 8.12 and provides a reasonably detailed calculation of the Fixed Charge Coverage Ratio and Availability delivered (i) concurrently with delivery of financial statements under Sections 7.01(a) and 7.01(b) above, whether or not a Fixed Charge Trigger Period then exists, (ii) on the first day of any Fixed Charge Trigger Period (certifying compliance as of the last day of the Measurement Period most recently ended prior to the start of such Fixed Charge Trigger Period) and as of the last day of each Measurement Period thereafter ending during any Fixed Charge Trigger Period and (iii) as requested by the Lender while a Default or Event of Default exists;
Borrowing Base Certificate; Other Information. (b) of the Credit Agreement is hereby deleted and the following is inserted in its stead:
Borrowing Base Certificate; Other Information. Agent shall deliver to Lenders, on Monday of each week and on such other days as any Lender may reasonably request, a Borrowing Base Certificate in respect of the Loans, prepared by Agent and dated as of the Friday preceding such Monday or as of such other day. Agent shall deliver promptly to Lenders such other reports and information relating to the Collateral and the performance of the Obligations hereunder as any Lender may from time to time reasonably request; provided that Agent shall receive reasonable additional compensation from Borrowers for services rendered beyond those specifically enumerated in this Agreement.
Borrowing Base Certificate; Other Information. Cause the Borrower Agent to deliver to the Lender, in form and detail satisfactory to the Lender: * * *
Borrowing Base Certificate; Other Information. Deliver to the Administrative Agent and each Lender, in form and detail satisfactory to the Administrative Agent and the Required Lenders:
Borrowing Base Certificate; Other Information. Deliver to the Administrative Agent and each Lender, in form and detail satisfactory to the Administrative Agent and the Required Lenders:
(a) on or before the 25th of each month, from and after the date hereof, or if weekly reporting is requested by the Administrative Agent, on Wednesday of each week, Borrower Agent shall deliver to Administrative Agent, in form acceptable to the Administrative Agent, a Borrowing Base Certificate as of the last day of the immediately preceding month or week, as applicable, with such supporting materials as the Administrative Agent shall reasonably request (including weekly reporting of rolling forward accounts receivable data by reporting weekly sales, cash collections and credits and monthly reporting of accounts receivable ineligibles). All calculations of Availability in any Borrowing Base Certificate shall originally be made by Borrowers and certified by a Responsible Officer, provided that the Administrative Agent may from time to time review and adjust any such calculation (a) to reflect its reasonable estimate of declines in value of any Collateral, due to collections received in the Concentration Account or otherwise; (b) to adjust advance rates to reflect changes in dilution, quality, mix and other factors affecting Collateral; and (c) to the extent the calculation is not made in accordance with this Agreement or does not accurately reflect the Availability Reserve.”
Borrowing Base Certificate; Other Information. Section 4.7 Standard of Care of Agent; Duties; Indemnification..................................41 Section 4.8 Fees and Expenses of Agent.......................42 Section 4.9 Availability of Documents........................42 Section 4.10 Representations and Warranties of Borrowers With Regard to the Collateral.........................43
