Financial and Collateral Reporting. Each Loan Party will maintain, for itself and each Subsidiary, a system of accounting established and administered in accordance with GAAP, and will furnish to the Lenders:
(a) within ninety days after the close of each Fiscal Year of the Parent and its Subsidiaries, an unqualified audit report certified by independent certified public accountants reasonably acceptable to the Required Lenders, prepared in accordance with GAAP on a consolidated and consolidating basis (consolidating statements need not be certified by such accountants), including balance sheets as of the end of such Fiscal Year, related profit and loss and reconciliations of statements of retained earnings, and a statement of cash flows, accompanied by (i) any management letter prepared by said accountants and (ii) a certificate of said accountants that, in the course of their examination necessary for their certification of the foregoing, they have obtained no knowledge of any Default or Unmatured Default, or if, in the opinion of such accountants, any Default or Unmatured Default shall exist, stating the nature and status thereof;
(b) within forty-five days after the close of the first three quarterly periods of each Fiscal Year of the Parent and its Subsidiaries, consolidated and consolidating unaudited balance sheets as at the close of each such Fiscal Quarter and consolidated and consolidating profit and loss and reconciliations of statements of retained earnings and a statement of cash flows for the period from the beginning of the applicable Fiscal Year to the end of such Fiscal Quarter, setting forth in each case in comparative form the figures for the applicable period, all certified by its chief financial officer and prepared in accordance with GAAP (except for exclusion of footnotes and subject to normal year-end audit adjustments);
(c) within thirty days after the close of each Fiscal Month, consolidated and consolidating unaudited balance sheets of the Parent and its Subsidiaries at the close of each such Fiscal Month and consolidated and consolidating profit and loss and reconciliations of statements of retained earnings and a statement of cash flows for the period from the beginning of the applicable Fiscal Year to the end of such Fiscal Month, setting forth in each case in comparative form the figures for the prior 12-month period, all prepared in accordance with GAAP (except for exclusion of footnotes and subject to normal year-end audit adjustments) and certified by its ch...
Financial and Collateral Reporting. In addition to the other materials and information required to be provided pursuant to the terms of the Credit Agreement, the Loan Parties shall provide Administrative Agent, on the applicable day specified below, the following documents (each in such form and detail as the Administrative Agent from time to time may specify):
Financial and Collateral Reporting. So long as this Agreement shall be in effect or any of the Obligations shall be outstanding, Borrower covenants and agrees as follows:
Financial and Collateral Reporting. Blocked Account Banks
Financial and Collateral Reporting. So long as this Agreement shall be in effect or any of the Obligations shall be outstanding, Borrower shall furnish to Lender:
Financial and Collateral Reporting. Within 10 business days after the end of each fiscal month1
Financial and Collateral Reporting. Borrower shall deliver, or cause to be delivered to Agent (and Lenders as to (a), (b), (c) and (d) herein below) each of the following:
Financial and Collateral Reporting. Concurrently with the delivery of Borrowing Base Certificates to the Lender in accordance with Section 6.02(c) of the Credit Agreement, the Loan Parties shall provide to Lender:
Financial and Collateral Reporting. 37 Section 8.1 [Intentionally Omitted] 37 Section 8.2 [Intentionally Omitted]. 37 Section 8.3 Collateral Information and Reports 37 ARTICLE IX - NEGATIVE COVENANTS 39 Section 9.1 Financial Covenants 39 Section 9.2 Restricted Payments 39 Section 9.3 Debt 39 -ii- DIP Loan and Security Agreement 0000-0000-0000 v.3.docx TABLE OF CONTENTS Page Section 9.4 Liens 39 Section 9.5 Loans 39 Section 9.6 Merger, Division, Consolidation, Sale of Assets, Acquisitions 39 Section 9.7 Transactions with Affiliates 39 Section 9.8 New Subsidiaries of Tattooed Chef and Other Loan Parties 39 Section 9.9 Benefit Plans 40 Section 9.10 Sales and Leasebacks 40 Section 9.11 Organizational Documents 40 Section 9.12 Investments 40 Section 9.13 Amendments 40 Section 9.14 No Restrictions on Subsidiary Distributions 40 Section 9.15 Collateral Locations 40 Section 9.16 Patriot Act 40 Section 9.17 Sanctions 40 Section 9.18 Use of Proceeds 40 Section 9.19 Milestones.. 41 Section 9.20 Chapter 11 Cases. 41 Section 9.21 Holding Company Status 41 ARTICLE X - DEFAULT AND REMEDIES 42 Section 10.1 Events of Default 42 Section 10.2 Remedies 44 Section 10.3 Application of Proceeds 45 Section 10.4 Miscellaneous Provisions Concerning Remedies 45 Section 10.5 Trademark License 45 ARTICLE XI - MISCELLANEOUS 45 Section 11.1 Notices 45 Section 11.2 Expenses 46 Section 11.3 Setoff 47 Section 11.4 Venue; Service of Process 47 Section 11.5 Assignment; Participation 48 Section 11.6 Amendments and Waivers 48 Section 11.7 Performance of Loan Parties’ Duties 48 Section 11.8 Indemnification 48 Section 11.9 All Powers Coupled with Interest 49 -iii- DIP Loan and Security Agreement 0000-0000-0000 v.3.docx
Financial and Collateral Reporting as soon as available, but in any event not more than thirty (30) days prior to the end of each Fiscal Year of BEM, a copy of the plan and forecast (including a projected consolidated and consolidating balance sheet, income statement and funds flow statement) of BEM for the upcoming Fiscal Year; and (g) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of the Customers, or compliance with the terms of this Agreement, as the Metal Lender may reasonably request.
