Common use of Budgets, Forecasts, Other Reports and Information Clause in Contracts

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. 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 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 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. 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 BorrowerBorrower and its Subsidiaries, to be supplied within sixty (60) days after at the request of the 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 such 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 SECSecurities and Exchange Commission, (v) a copy of any order, which is material and adverse to the Borrower or issued by any Subsidiary of the Borrower, Official Body in any proceeding to which the Borrower or any of its Subsidiaries is a party issued by any Official Bodyparty, andand in which the amount in controversy exceeds $1,000,000, (vi) such other reports and information as any of the Lenders Banks may from time to time reasonably request. The Borrower shall also notify the Lenders Banks promptly of the enactment or adoption of any Law which may result in a Material Adverse Effect.Change with respect to the Borrower or any Subsidiary of the Borrower, and

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 five year projections of the Borrower, to be supplied within sixty not later than thirty (6030) days after the commencement of the fiscal year to which any year, in each case, including a balance sheet, an income statement and cash flow information as well as the relative contributions projected from the coal and gas segments of the foregoing may be applicableLoan Parties on a consolidated basis (including volumes, revenues, costs and capital expenditures) with a written overview of key assumptions, (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, (iviii) regular or periodic reports, including Forms 10-K, 10-Q and 8-K, registration statements and prospectuses, filed by the Borrower or any other Loan Party with the Securities and Exchange Commission, provided that the foregoing reports shall be deemed to have been delivered on the date on which such report is posted on the SEC’s web site at xxx.xxx.xxx, and such posting shall be deemed to satisfy this reporting requirement, (viv) a copy of any order, which is material and adverse to the Borrower or any Subsidiary of the Borrower, order in any material proceeding to which the Borrower or any of its Subsidiaries other Loan Party is a party issued by any Official Body, and (viv) 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 that would reasonably be expected to result in a Material Adverse EffectChange.

Budgets, Forecasts, Other Reports and Information. Promptly upon their becoming available to the Borrowerany Loan Party: (i) a summary (in detail reasonably satisfactory to the Agent) of the consolidated annual operating budget (including a detailed budget of revenue and expenses) and any forecasts or projections of the Borrower, to which shall be (x) certified by the Chief Financial Officer of the Borrower as having been prepared in accordance with reasonable assumptions and (y) supplied within sixty (60) days after not later than the commencement end of the first quarter of the fiscal year to which any of the foregoing may be applicable,such budget pertains; (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,; (iviii) regular or periodic reports, including Forms 10-10- K, 10-Q and 8-K, registration statements and prospectuses, as may be filed by the Borrower with the SEC,Securities and Exchange Commission; (viv) a copy of any order, which is material and adverse to the Borrower or any Subsidiary of the Borrower, order in any proceeding to which the Borrower or any of its Subsidiaries is a party issued by any Official Body, which order, if carried out, reasonably would be expected to result in a Material Adverse Change; and (viv) such other reports and information as any of the Lenders Banks may from time to time reasonably request. The Borrower Loan Parties shall also notify the Lenders Banks promptly of the enactment or adoption of any Law which may reasonably would be expected to result in a Material Adverse EffectChange.

Budgets, Forecasts, Other Reports and Information. (a) Promptly upon the reasonable request of the Required Banks and upon their becoming available to the any Authorized Officer of any Borrower: (i) the annual budget (including a detailed budget of revenue and expenses) and any forecasts or projections of the any Borrower, to be supplied within sixty (60) days after the commencement of the fiscal year to which any of the foregoing may be applicable,and (ii) any reports including management letters submitted to the any Borrower by independent accountants in connection with any annual, interim or special audit,. (iiib) Promptly upon their becoming available to any Authorized Officer of any Borrower: (i) any reports, notices or proxy statements generally distributed by the any Borrower to its stockholders on a date no later than the date supplied to such stockholders, (ivii) subject to the requirements of Section 8.3.1, regular or periodic reports, including Forms 10-K, 10-Q and Form 8-K, registration statements and prospectuses, filed by the any Borrower with the SEC,Securities and Exchange Commission, and (viii) a copy of any order, which is material and adverse to the Borrower or any Subsidiary of the Borrower, order in any proceeding to which the any Borrower or any of its respective Subsidiaries is a party issued by any Official BodyBody which relates to the Collateral, and (vi) involves a claim or series of claims in excess of $5,000,000 or which if adversely determined would constitute a Material Adverse Change, together with such other reports and information as any of the Lenders Banks may from time to time reasonably request, including a Borrowing Base Certificate upon three (3) days written notice to the Administrative Borrower. The Borrower Borrowers shall also notify the Lenders Banks promptly upon acquiring knowledge of the enactment or adoption of any Law which may could reasonably be expected to result in a Material Adverse EffectChange.

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 not later than 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,, including, without limitation, commencing for the fiscal year ending December 31, 2001, and no less than one time per year thereafter, a physical inventory accounting to be performed at no less than five percent (5%) of the retail locations of the Loan Parties. The physical inventory accounting shall include a comparison to the books and records of the Loan Parties and shall be conducted by a party acceptable to the Agent. (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 SECSecurities and Exchange Commission, (v) a copy of any order, which is material and adverse to the Borrower or any Subsidiary of the Borrower, order 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 Banks may from time to time reasonably request. The Borrower shall also notify the Lenders Banks promptly of the enactment or adoption of any Law which may result in a Material Adverse EffectChange.