Budgets, Forecasts, Other Reports and Information. Promptly upon their becoming available to the Borrower:
(i) any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to such stockholders,
(ii) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC,
(iii) to the extent not previously reported in regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC, the Borrower shall notify the Banks promptly of the enactment or adoption of any Law which may result in a Material Adverse Change,
(iv) to the extent requested by the Agent or any Bank, the annual budget and any forecasts or projections of the Loan Parties, and
(v) with respect to the Hedging Transaction activities of the Loan Parties and their Subsidiaries, to the extent not previously reported in regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC, such other reports and information as any of the Banks may from time to time reasonably request.
Budgets, Forecasts, Other Reports and Information. Promptly ------------------------------------------------- upon their becoming available to the Borrower:
(i) [Intentionally Omitted]
(ii) any reports including management letters submitted to the Borrower by independent accountants in connection with any annual, interim or special audit,
(iii) any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to the stockholders,
(iv) any regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the Securities and Exchange Commission,
(v) a copy of any material order in any proceeding to which the Borrower or any of its Subsidiaries is a party issued by any Official Body,
(vi) regular, periodic utilization reports including in detail reasonably satisfactory to the Administrative Agent for the period of such reports the patient census, the number of occupied beds, the payment source (Medicare, Medicaid, private pay or otherwise) for each patient,
(vii) such other reports and information as the Banks may from time to time reasonably request. The Borrower shall also notify the Banks promptly of the enactment or adoption of any Law or the occurrence of any other event which may result in a Material Adverse Change with respect to the Borrower after the Borrower becomes aware or should reasonably have become aware thereof, and
(viii) annual reports in detail satisfactory to the Administrative Agent setting forth the real property owned, leased or managed by the Borrower or any Subsidiary, to be supplied not later than March 31, 1999 with respect to the fiscal year ended December 31, 1998 and thereafter not later than ninety (90) days after the commencement of the fiscal year to which any of the foregoing may be applicable.
Budgets, Forecasts, Other Reports and Information. Promptly upon their becoming available to any Loan Party:
(i) any reports, notices or proxy statements generally distributed by Hovnanian to its stockholders,
(ii) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by Hovnanian with the SEC, and
(iii) such other reports and information as the Agent may from time to time reasonably request. The Loan Parties shall also notify the Agent promptly of the enactment or adoption of any Law which could reasonably be expected to constitute a Material Adverse Change.
Budgets, Forecasts, Other Reports and Information. Promptly upon their becoming available to the Borrower:
(i) the annual budget (including a detailed budget of revenue and expenses) and any forecasts or projections of the Borrower, to be supplied within sixty (60) days after the commencement of the fiscal year to which any of the foregoing may be applicable,
(ii) any reports including management letters submitted to the Borrower by independent accountants in connection with any annual, interim or special audit,
(iii) any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to such stockholders,
(iv) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC,
(v) a copy of any order, which is material and adverse to the Borrower or any Subsidiary of the Borrower, in any proceeding to which the Borrower or any of its Subsidiaries is a party issued by any Official Body, and
(vi) such other reports and information as any of the Lenders may from time to time reasonably request. The Borrower shall also notify the Lenders promptly of the enactment or adoption of any Law which may result in a Material Adverse Effect.
Budgets, Forecasts, Other Reports and Information. At the request of the Administrative Agent, any of the following items, promptly upon their becoming available to any Borrower:
(i) the annual budget of TGI and its Subsidiaries, to be certified by a responsible officer of such Borrower and supplied at the request of the Administrative Agent prior to commencement of the fiscal year to which any of the foregoing may be applicable,
(ii) any reports including management letters submitted to TGI by independent accountants in connection with any annual, interim or special audit,
(iii) any reports, notices or proxy statements generally distributed by TGI to its stockholders on a date no later than the date supplied to the stockholders,
(iv) regular or periodic reports (other than the Forms 10-K, 10-Q which are addressed in Sections 7.3.1 and 7.3.2 above), including 8-K, registration statements and prospectuses, filed by TGI with the Securities and Exchange Commission within 5 days after such filing,
(v) a copy of any order, issued by any Official Body in any proceeding to which TGI or any of its Subsidiaries is a party, and in which the amount in controversy exceeds $2,500,000 or where injunctive or similar relief is sought,
(vi) such other reports and information as the Banks may from time to time reasonably request. The Borrowers shall also notify the Banks promptly of the enactment or adoption of any Law which may result in a Material Adverse Change, and
(vii) within 60 days of closing on any acquisition permitted under Section 7.2.6 in which the total consideration paid by TGI or its Subsidiary exceeded $5,000,000, such financial information as the Administrative Agent may reasonably request concerning the acquisition and its effect on the financial condition and performance of any Loan Party.
Budgets, Forecasts, Other Reports and Information. Promptly upon their becoming available to the Borrower:
(i) the annual budget, including a balance sheet, income statement and cash flow statement, and any forecasts or projections of the Borrower, to be supplied not later than thirty (30) days after the commencement of the fiscal year to which any of the foregoing may be applicable,
(ii) any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to such stockholders,
(iii) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the Securities and Exchange Commission,
(iv) a copy of any material order in any proceeding to which the Borrower or any of its Subsidiaries is a party issued by any Official Body,
(v) a duly completed copy of IRS Form 8886 or any successor form, in the event that the Borrower has notified the Administrative Agent of its intention to treat the Loans and/or Letters of Credit as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4); and
(vi) such other reports and information as any of the Lenders may from time to time reasonably request. The Borrower shall also notify the Lenders promptly of the enactment or adoption of any Law which results in a Material Adverse Change.
Budgets, Forecasts, Other Reports and Information. Promptly upon their becoming available to the Borrower:
(i) the annual budget of the Borrower, to be supplied not later than February 15th of the fiscal year to which any of the foregoing may be applicable;
(ii) any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to such stockholders;
(iii) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the SEC;
(iv) a copy of any order in any proceeding to which the Borrower or any of its Subsidiaries is a party issued by any Governmental Authority which would reasonably be expected to result in a Material Adverse Effect; and
(v) such other reports and information as any of the Lenders may from time to time reasonably request to the extent (a) the confidentiality of such information is not required by (i) Requirement of Law, (ii) to the extent not created in contemplation of any Loan Party’s obligations under the Loan Documents, a contractual obligation to which the Borrower or any of its Subsidiaries is bound, (iii) the maintenance of attorney-client privilege with respect to communications protected by such privilege or (b) such reports or information do not constitute non-financial trade secrets or non-financial proprietary information.
Budgets, Forecasts, Other Reports and Information. Deliver to the Administrative Agent, for provision to the Lenders:
(a) Any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to such stockholders;
(b) Regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower or any of its Subsidiaries (other than a Midstream Entity) with the SEC;
(c) Within seven (7) days after each delivery of financial statements referred to in Sections 8.3.1 [Quarterly Financial Statements] and 8.
Budgets, Forecasts, Other Reports and Information. The following documents (1) upon the request of the Administrative Agent for so long as the Company is obligated to publicly file the reports listed below with the SEC, or (2) promptly upon their becoming available to the Company (without any such request by the Administrative Agent) in the event that the Company shall cease to be so obligated to publicly file such reports :
(i) any reports including management letters submitted to the Company by independent accountants in connection with any annual, interim or special audit,
(ii) any reports, notices or proxy statements generally distributed by the Company to its stockholders on a date no later than two (2) Business Days after the date supplied to such stockholders,
(iii) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Company with the SEC,
(iv) a copy of any order in any proceeding to which the Company or any of its Subsidiaries is a party issued by any Official Body, and
(v) such other reports and information as any of the Lenders, through the Administrative Agent, may from time to time reasonably request. Any financial statement, report, proxy statement or other material required to be delivered pursuant to clause (ii) or (iii) above or pursuant to Sections 7.3.1 and 7.3.2 shall be deemed to have been furnished to the Administrative Agent and each Lender, if the Company has issued a notice of Website Posting in accordance with Section 10.6 specific to such type of financial statement, report, proxy statement or other material, on the date that the Company posts such financial statement, report, proxy statement or other material on the SEC's website at xxx.xxx.xxx or on the Company's website at xxx.xxxxxxxxxx.xxx; provided that the Company will furnish paper copies of such financial statement, report, proxy statement or material to the Administrative Agent or any Lender that so requests, by notice to the Company, that the Company do so, until the Company receives notice from the Administrative Agent or such Lender, as applicable, to cease delivering such paper copies.
Budgets, Forecasts, Other Reports and Information. Promptly upon their becoming available to the Borrower:
(i) the annual budget and any forecasts or projections of the Borrower and its Subsidiaries, to be supplied at the request of the Administrative Agent prior to commencement of the fiscal year to which any of the foregoing may be applicable,
(ii) any reports including management letters submitted to the Borrower by independent accountants in connection with any annual, interim or special audit,
(iii) any reports, notices or proxy statements generally distributed by the Borrower to its stockholders on a date no later than the date supplied to the stockholders,
(iv) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower with the Securities and Exchange Commission,
(v) a copy of any order, issued by any Official Body in any proceeding to which the Borrower or any of its Subsidiaries is a party, and in which the amount in controversy exceeds $1,000,000,
(vi) such other reports and information as the Banks may from time to time reasonably request. The Borrower shall also notify the Banks promptly of the enactment or adoption of any Law which may result in a Material Adverse Change with respect to the Borrower or any Subsidiary of the Borrower, and
(vii) within 60 days of closing on any acquisition permitted under Section 7.2.6 in which the total consideration paid by the Borrower or its Subsidiary exceeded $5,000,000, such financial information as the Administrative Agent may reasonably request concerning the acquisition and its effect on the financial condition and performance of the Borrower.
