Financial Information and Reporting. The Borrowers will deliver the following to Lender: (a) within thirty (30) days after the end of each month, financial statements of each Borrower, including a balance sheet and statements of income and surplus, and statement of cash flows, certified by a Financial Officer as fairly representing each Borrower's financial conditions as of the end of such period; (b) within thirty (30) days after the end of each month, a certificate signed by a Financial Officer certifying the compliance of each Borrower with the terms of this Agreement and the calculation of the financial covenants contained in Section 7.21, hereof; (c) a current Borrowing Base certificate in a form set forth, on Exhibit D, setting forth the calculation of the Borrowing Base for each Borrower with each advance request under the Loan, but in any event, no less frequently than once a month on the last day of such month; (d) Intentionally Omitted; (e) within twenty (20) days after the end of each month and immediately prior to each advance request under the Loan, a report for each Borrower, in form satisfactory to Lender, certified by a Financial Officer setting forth the number and dollar total of Financial Assets receivable due and payable (i) not more than thirty (30) days, (ii) more than thirty (30) days and not more than sixty (60) days, (iii) more than sixty (60) days and not more than ninety (90) days, (iv) more than ninety (90) and not more than 120 days, and (v) more than 120 days from the date of the "account next due date" therefor, and including a detailed calculation and certification of the accounts receivable that are not Eligible Financial Assets; (f) within ninety (90) days after the end of each fiscal year thereafter, audited, unqualified financial statements of the Borrowers, on a consolidated basis, with audited consolidating schedules prepared in accordance with GAAP and certified by Xxxxx & Company LLP or other independent public accountants reasonably satisfactory to Lender, containing (i) balance sheets, (ii) statements of income and surplus, and (iii) statements of cash flows and reconciliation of capital accounts, along with any management letters written by such accountants and a lender reliance letter from such accountants permitting Lender to rely on such certifications of such accountants; (g) no later than thirty (30) days prior to the beginning of each fiscal year, financial projections for each Borrower for its next fiscal year, on a quarterly basis, including a projected income statement; (h) no later than thirty (30) days after each calendar year-end, a true, accurate and complete financial statement as of December 31st of the preceding calendar year for each Guarantor, and no later than fifteen (15) days after filing (and proof of extensions if not filed by April 15 of each year), a complete copy of such Guarantor's tax returns and schedules thereto: (i) immediately upon becoming aware of the existence of any Pending Default, Event of Default or breach of any term or conditions of this Agreement, a written notice specifying the nature and period of existence thereof and what action such Borrower is taking or proposes to take with respect thereto; (j) within five (5) days after the adoption of any change or amendment to Borrower's policy or credit policy manual, copies of such changes or amendments; (k) within thirty (30) days after the end of each quarter, a compilation of all legal or administrative proceedings pending or threatened; (l) within thirty (30) days prior to each anniversary date of this Agreement a complete legal audit opinion and reliance letter from Borrower's independent legal counsel addressing the Borrower's compliance with (i) Consumer Finance Laws and (ii) whether Borrowers' Lending and collections Policy and Procedures Manuals evidence compliance with applicable state and federal laws, including without limitation Consumer Finance Laws, which opinion shall include, without limitation, the following (A) each Borrower's compliance with all franchises, licenses, consents, permits, approvals or authorizations of any Governmental Authority and Requirements of Law in respect of any Borrower in connection with the conduct of such Borrower's business and operations and the effectiveness of all such franchises, licenses, consents, permits, approvals or authorizations; (B) to the best of such counsel's knowledge, Borrower's compliance with all laws, rules, and regulations relating to the conduct of its business, including the acquisition of loans, financing of loans and the servicing of loans, the "Truth-In-Lending" Act, as amended, Federal Reserve Board Regulation Z, as amended, federal or state licensing laws, usury laws, and other applicable consumer credit protection laws or Consumer Finance Laws; and (C) to the best of such counsel's knowledge, after diligent inquiry, all pending or threatened litigation, regulatory action, or other dispute that could adversely affect any Borrower; (m) immediately upon becoming aware of the existence of (i) any pending or threatened adverse action or proceeding by any Governmental Authority, (ii) receipt of any notice that any Borrower is required to have a License, or (iii) any application for any License is denied or any compliance issue exists, copies of same, together with copies of any such pending or threatened action or proceeding or notice; (n) within two (2) weeks of receiving any state regulatory audit or other reports, notices or other correspondence or communications (other than those described in subsection 8 (m) above), copies of the same, and to the extent any Borrower is required or chooses to respond to such item, a copy of such response concurrently with its transmission to the applicable regulatory agency; and (o) at the request of Lender, such other information as Lender may from time to time reasonably require.
Appears in 3 contracts
Samples: Loan and Security Agreement (Great Lakes Capital Acceptance LLC), Loan and Security Agreement (Great Lakes Capital Acceptance LLC), Loan and Security Agreement (Great Lakes Capital Acceptance LLC)
Financial Information and Reporting. The Borrowers will Borrower shall deliver the following to Lenderthe Bank:
(a) within thirty (30) 30 days after the end of each month, consolidated financial statements of each Borrowerstatements, including a balance sheet and statements of income and surplus, and statement of cash flows, certified by the president or chief financial officer of the Borrower (a "Financial Officer Officer") as fairly representing each the Borrower's consolidated financial conditions condition as of the end of such period;
(b) within thirty (30) 45 days after the end of each monthquarter, a certificate loan and collateral report and a statement in form prescribed by the Bank and signed by a Financial Officer of the Borrower setting forth and certifying the calculation of the Borrowing Base as of the end of that period and certifying the compliance of each the Borrower with the terms of this Agreement and the calculation of the financial covenants contained in Section 7.21, hereof7 above;
(c) a current Borrowing Base certificate in a form set forth, on Exhibit D, setting forth the calculation of the Borrowing Base for each Borrower with each advance request under the Loan, but in any event, no less frequently than once a month on the last day of such month;
(d) Intentionally Omitted;
(e) within twenty (20) 30 days after the end of each month and immediately prior month, an inventory report of the Borrower, signed by a Financial Officer in form satisfactory to the Bank;
(d) within 30 days after the end of each advance request under the Loanmonth, a report for each Borrowerreport, in form satisfactory to Lenderthe Bank, certified by a Financial Officer setting forth the number and dollar total of Financial Assets accounts receivable due and payable (i) not more than thirty (30) 30 days, (ii) more than thirty (30) 30 days and not more than sixty (60) 60 days, (iii) more than sixty (60) 60 days and not more than ninety (90) 90 days, (iv) more than ninety (90) 90 and not more than 120 days, and (v) more than 120 days days, from the date of the "account next due date" original invoice therefor, and including a detailed calculation and certification of the accounts receivable that are not Eligible Financial Assets;
(fe) within ninety (90) 90 days after the end of each fiscal year thereafteryear, audited, unqualified consolidated financial statements of the Borrowers, on a consolidated basis, with audited consolidating schedules prepared in accordance with GAAP and certified by Xxxxx & Company LLP or other independent public accountants reasonably satisfactory to Lenderthe Bank, containing (i) a balance sheetssheet, (ii) statements of income and surplus, and (iii) statements of cash flows and reconciliation of capital accounts, along with any management letters written by such accountants and a lender reliance letter from such accountants permitting Lender to rely on such certifications of such accountants;
(g) no later than thirty (30) days prior to the beginning of each fiscal year, financial projections for each Borrower for its next fiscal year, on a quarterly basis, including a projected income statement;
(h) no later than thirty (30) days after each calendar year-end, a true, accurate and complete financial statement as of December 31st of the preceding calendar year for each Guarantor, and no later than fifteen (15) days after filing (and proof of extensions if not filed by April 15 of each year), a complete copy of such Guarantor's tax returns and schedules thereto:
(if) immediately upon becoming aware of the existence of any Pending Default, Event of Default or breach of any term or conditions of this Agreement, a written notice specifying the nature and period of existence thereof and what action such the Borrower is taking or proposes to take with respect thereto;
(jg) within five (5) days after immediately upon the adoption of any change filing or amendment to Borrower's policy or credit policy manualrelease, as the case may be, copies of such changes any Securities and Exchange Commission or amendments;
(k) within thirty (30) days after the end of each quarterState Securities Law disclosures, a compilation of all legal or administrative proceedings pending or threatened;
(l) within thirty (30) days prior to each anniversary date of this Agreement a complete legal audit opinion and reliance letter from Borrower's independent legal counsel addressing the Borrower's compliance with (i) Consumer Finance Laws and (ii) whether Borrowers' Lending and collections Policy and Procedures Manuals evidence compliance with applicable state and federal lawsfilings, including without limitation Consumer Finance Laws, which opinion shall include, without limitation, the following (A) each Borrower's compliance with all franchises, licenses, consents, permits, approvals or authorizations of any Governmental Authority and Requirements of Law in respect of any Borrower in connection with the conduct of such Borrower's business and operations and the effectiveness of all such franchises, licenses, consents, permits, approvals or authorizations; (B) to the best of such counsel's knowledge, Borrower's compliance with all laws, rules, and regulations relating to the conduct of its business, including the acquisition of loans, financing of loans and the servicing of loans, the "Truth-In-Lending" Act, as amended, Federal Reserve Board Regulation Z, as amended, federal or state licensing laws, usury laws, and other applicable consumer credit protection laws or Consumer Finance Laws; and (C) to the best of such counsel's knowledge, after diligent inquiry, all pending or threatened litigation, regulatory action, or other dispute that could adversely affect any Borrower;
(m) immediately upon becoming aware of the existence of (i) any pending or threatened adverse action or proceeding by any Governmental Authority, (ii) receipt of any notice that any Borrower is required to have a License, or (iii) any application for any License is denied documents or any compliance issue exists, copies of same, together with copies of any such pending or threatened action or proceeding or notice;
(n) within two (2) weeks of receiving any state regulatory audit or other reports, notices or other correspondence or communications (other than those described in subsection 8 (m) above), copies of the same, and to the extent any Borrower is required or chooses to respond to such item, a copy of such response concurrently with its transmission to the applicable regulatory agencypress releases; and
(oh) at the request of Lenderthe Bank, such other information as Lender the Bank may from time to time reasonably require.
7. Exhibit A-1 to the Loan Agreement is hereby amended to recite in its entirety as set forth in Exhibit A-1 attached hereto.
8. Exhibit C, "Schedule of Business Locations," of the Loan Agreement is hereby amended to recite in its entirety as set forth in Exhibit C attached hereto.
Appears in 1 contract
Financial Information and Reporting. The Borrowers will Borrower shall deliver the following to Lenderthe Bank:
(a) within thirty (30) 45 days after the end of each monthquarter, financial statements of each Borrowerstatements, including a balance sheet and statements of income and surplus, and statement statements of cash flows, certified by the president or chief financial officer of the Borrower (a "Financial Officer Officer") as fairly representing each the Borrower's financial conditions condition as of the end of such period;
(b) within thirty (30) 45 days after the end of each monthquarter, a certificate statements signed by a Financial Officer of the Borrower certifying the compliance of each the Borrower with the terms of this Agreement and the calculation of the financial covenants contained in Section 7.21, hereofAgreement;
(c) within 45 days after the end of each quarter, a current Borrowing Base certificate in a form set forthborrowing certificate, or other writings satisfactory to the Bank based on Exhibit D, setting forth accounts receivable of Borrower for the calculation of the Borrowing Base for each Borrower with each advance request under the Loan, but in any event, no less frequently than once a month on the last day of such month;
(d) Intentionally Omitted;
(e) within twenty (20) days after the end of each month and immediately prior to each advance request under the Loan, a report for each Borrower, in form satisfactory to Lender, certified by a Financial Officer setting which sets forth the number and dollar total of Financial Assets accounts receivable due and payable (i) not more than thirty (30) days30 days from the date of the original invoice therefor, (ii) more than thirty (30) 30 days and not more than sixty (60) days60 days from the date of the original invoice therefor, (iii) more than sixty (60) 60 days and not more than ninety (90) days, (iv) more than ninety (90) and not more than 120 days, and (v) more than 120 90 days from the date of the "account next due date" original invoice therefor, and including a detailed calculation and certification (iv) more than 90 days from the date of the accounts receivable that are not Eligible Financial Assetsoriginal invoice therefor;
(fd) within ninety (90) 120 days after the end of each fiscal year thereafteryear, audited, unqualified audited financial statements of the Borrowers, on a consolidated basis, with audited consolidating schedules prepared in accordance with GAAP and certified by Xxxxx & Company LLP or other independent public accountants reasonably satisfactory to Lenderthe Bank, containing (i) a balance sheetssheet, (ii) statements of income and surplus, and (iii) statements of cash flows and reconciliation of capital accounts, along with any management letters written by such accountants and a lender reliance letter from such accountants permitting Lender to rely on such certifications of such accountants;
(g) no later than thirty (30) days prior to the beginning of each fiscal year, financial projections for each Borrower for its next fiscal year, on a quarterly basis, including a projected income statement;
(h) no later than thirty (30) days after each calendar year-end, a true, accurate and complete financial statement as of December 31st of the preceding calendar year for each Guarantor, and no later than fifteen (15) days after filing (and proof of extensions if not filed by April 15 of each year), a complete copy of such Guarantor's tax returns and schedules thereto:
(ie) immediately upon becoming aware of the existence of any Pending Default, Event of Default or breach of any term or conditions of this Agreement, a written notice specifying the nature and period of existence thereof and what action such the Borrower is taking or proposes to take with respect thereto;
(j) within five (5) days after the adoption of any change or amendment to Borrower's policy or credit policy manual, copies of such changes or amendments;
(k) within thirty (30) days after the end of each quarter, a compilation of all legal or administrative proceedings pending or threatened;
(l) within thirty (30) days prior to each anniversary date of this Agreement a complete legal audit opinion and reliance letter from Borrower's independent legal counsel addressing the Borrower's compliance with (i) Consumer Finance Laws and (ii) whether Borrowers' Lending and collections Policy and Procedures Manuals evidence compliance with applicable state and federal laws, including without limitation Consumer Finance Laws, which opinion shall include, without limitation, the following (A) each Borrower's compliance with all franchises, licenses, consents, permits, approvals or authorizations of any Governmental Authority and Requirements of Law in respect of any Borrower in connection with the conduct of such Borrower's business and operations and the effectiveness of all such franchises, licenses, consents, permits, approvals or authorizations; (B) to the best of such counsel's knowledge, Borrower's compliance with all laws, rules, and regulations relating to the conduct of its business, including the acquisition of loans, financing of loans and the servicing of loans, the "Truth-In-Lending" Act, as amended, Federal Reserve Board Regulation Z, as amended, federal or state licensing laws, usury laws, and other applicable consumer credit protection laws or Consumer Finance Laws; and (C) to the best of such counsel's knowledge, after diligent inquiry, all pending or threatened litigation, regulatory action, or other dispute that could adversely affect any Borrower;
(m) immediately upon becoming aware of the existence of (i) any pending or threatened adverse action or proceeding by any Governmental Authority, (ii) receipt of any notice that any Borrower is required to have a License, or (iii) any application for any License is denied or any compliance issue exists, copies of same, together with copies of any such pending or threatened action or proceeding or notice;
(n) within two (2) weeks of receiving any state regulatory audit or other reports, notices or other correspondence or communications (other than those described in subsection 8 (m) above), copies of the same, and to the extent any Borrower is required or chooses to respond to such item, a copy of such response concurrently with its transmission to the applicable regulatory agency; and
(of) at the request of Lenderthe Bank, such other information as Lender the Bank may from time to time reasonably require.
Appears in 1 contract
Samples: Loan Agreement (Aironet Wireless Communications Inc)
Financial Information and Reporting. The Borrowers will Borrower shall deliver the following to Lenderthe Bank:
(a) within thirty (30) 30 days after the end of each month, consolidated financial statements of each Borrowerstatements, including a balance sheet and statements of income and surplus, and statement of cash flows, certified by the president or chief financial officer of the Borrower (a "Financial Officer Officer") as fairly representing each the Borrower's consolidated financial conditions condition as of the end of such period;
(b) within thirty (30) 45 days after the end of each monthquarter, a certificate statement in form prescribed by the Bank and signed by a Financial Officer of the Borrower certifying the compliance of each the Borrower with the terms of this Agreement and the calculation of the financial covenants contained in Section 7.21, hereof7 above;
(c) a current Borrowing Base certificate in a form set forth, on Exhibit D, setting forth the calculation of the Borrowing Base for each Borrower with each advance request under the Loan, but in any event, no less frequently than once a month on the last day of such month;
(d) Intentionally Omitted;
(e) within twenty (20) 30 days after the end of each month and immediately prior month, an inventory report of the Borrower, signed by a Financial Officer in form satisfactory to the Bank;
(d) within 30 days after the end of each advance request under the Loanmonth, a report for each Borrowerreport, in form satisfactory to Lenderthe Bank, certified by a Financial Officer setting forth the number and dollar total of Financial Assets accounts receivable due and payable (i) not more than thirty (30) 30 days, (ii) more than thirty (30) 30 days and not more than sixty (60) 60 days, (iii) more than sixty (60) 60 days and not more than ninety (90) 90 days, (iv) more than ninety (90) 90 and not more than 120 days, and (v) more than 120 days days, from the date of the "account next due date" original invoice therefor, and including a detailed calculation and certification of the accounts receivable that are not Eligible Financial Assets;
(fe) within ninety (90) 90 days after the end of each fiscal year thereafteryear, audited, unqualified consolidated financial statements of the Borrowers, on a consolidated basis, with audited consolidating schedules prepared in accordance with GAAP and certified by Xxxxx & Company LLP or other independent public accountants reasonably satisfactory to Lenderthe Bank, containing (i) a balance sheetssheet, (ii) statements of income and surplus, and (iii) statements of cash flows and reconciliation of capital accounts, along with any management letters written by such accountants and a lender reliance letter from such accountants permitting Lender to rely on such certifications of such accountants;
(g) no later than thirty (30) days prior to the beginning of each fiscal year, financial projections for each Borrower for its next fiscal year, on a quarterly basis, including a projected income statement;
(h) no later than thirty (30) days after each calendar year-end, a true, accurate and complete financial statement as of December 31st of the preceding calendar year for each Guarantor, and no later than fifteen (15) days after filing (and proof of extensions if not filed by April 15 of each year), a complete copy of such Guarantor's tax returns and schedules thereto:
(if) immediately upon becoming aware of the existence of any Pending Default, Event of Default or breach of any term or conditions of this Agreement, a written notice specifying the nature and period of existence thereof and what action such the Borrower is taking or proposes to take with respect thereto;
(jg) within five (5) days after immediately upon the adoption of any change filing or amendment to Borrower's policy or credit policy manualrelease, as the case may be, copies of such changes any Securities and Exchange Commission or amendments;
(k) within thirty (30) days after the end of each quarterState Securities Law disclosures, a compilation of all legal or administrative proceedings pending or threatened;
(l) within thirty (30) days prior to each anniversary date of this Agreement a complete legal audit opinion and reliance letter from Borrower's independent legal counsel addressing the Borrower's compliance with (i) Consumer Finance Laws and (ii) whether Borrowers' Lending and collections Policy and Procedures Manuals evidence compliance with applicable state and federal lawsfilings, including without limitation Consumer Finance Laws, which opinion shall include, without limitation, the following (A) each Borrower's compliance with all franchises, licenses, consents, permits, approvals or authorizations of any Governmental Authority and Requirements of Law in respect of any Borrower in connection with the conduct of such Borrower's business and operations and the effectiveness of all such franchises, licenses, consents, permits, approvals or authorizations; (B) to the best of such counsel's knowledge, Borrower's compliance with all laws, rules, and regulations relating to the conduct of its business, including the acquisition of loans, financing of loans and the servicing of loans, the "Truth-In-Lending" Act, as amended, Federal Reserve Board Regulation Z, as amended, federal or state licensing laws, usury laws, and other applicable consumer credit protection laws or Consumer Finance Laws; and (C) to the best of such counsel's knowledge, after diligent inquiry, all pending or threatened litigation, regulatory action, or other dispute that could adversely affect any Borrower;
(m) immediately upon becoming aware of the existence of (i) any pending or threatened adverse action or proceeding by any Governmental Authority, (ii) receipt of any notice that any Borrower is required to have a License, or (iii) any application for any License is denied documents or any compliance issue exists, copies of same, together with copies of any such pending or threatened action or proceeding or notice;
(n) within two (2) weeks of receiving any state regulatory audit or other reports, notices or other correspondence or communications (other than those described in subsection 8 (m) above), copies of the same, and to the extent any Borrower is required or chooses to respond to such item, a copy of such response concurrently with its transmission to the applicable regulatory agencypress releases; and
(oh) at the request of Lenderthe Bank, such other information as Lender the Bank may from time to time reasonably require.
23. The Bank hereby releases its security interest in the "Collateral," as that term is defined in the Loan Agreement (prior to giving effect to this Amendment).
Appears in 1 contract
Financial Information and Reporting. The Borrowers will Borrower shall deliver the following to Lenderthe Bank:
(a) within thirty (30) 20 days after the end of each month, consolidated financial statements of each Borrowerstatements, including a balance sheet and statements of income and surplus, and statement of cash flows, certified by the president or chief financial officer of the Borrower (a "Financial Officer Officer") as fairly representing each the Borrower's consolidated financial conditions condition as of the end of such period;
(b) within thirty (30) 20 days after the end of each month, a certificate loan and collateral report and a statement in form prescribed by the Bank and signed by a Financial Officer of the Borrower setting forth and certifying the calculation of the Borrowing Base as of the end of that period and certifying the compliance of each the Borrower with the terms of this Agreement and the calculation of the financial covenants contained in Section 7.21, hereof7 above;
(c) a current Borrowing Base certificate in a form set forth, on Exhibit D, setting forth the calculation of the Borrowing Base for each Borrower with each advance request under the Loan, but in any event, no less frequently than once a month on the last day of such month;
(d) Intentionally Omitted;
(e) within twenty (20) 20 days after the end of each month and immediately prior month, an inventory report of the Borrower, signed by a Financial Officer in form satisfactory to the Bank;
(d) within 20 days after the end of each advance request under the Loanmonth, a report for each Borrowerreport, in form satisfactory to Lenderthe Bank, certified by a Financial Officer setting forth the number and dollar total of Financial Assets accounts receivable due and payable (i) not more than thirty (30) 30 days, (ii) more than thirty (30) 30 days and not more than sixty (60) 60 days, (iii) more than sixty (60) 60 days and not more than ninety (90) 90 days, (iv) more than ninety (90) 90 and not more than 120 days, and (v) more than 120 days days, from the date of the "account next due date" original invoice therefor, and including a detailed calculation and certification of the accounts receivable that are not Eligible Financial Assets;
(fe) within ninety (90) 90 days after the end of each fiscal year thereafteryear, audited, unqualified consolidated financial statements of the Borrowers, on a consolidated basis, with audited consolidating schedules prepared in accordance with GAAP and certified by Xxxxx & Company LLP or other independent public accountants reasonably satisfactory to Lenderthe Bank, containing (i) a balance sheetssheet, (ii) statements of income and surplus, and (iii) statements of cash flows and reconciliation of capital accounts, along with any management letters written by such accountants and a lender reliance letter from such accountants permitting Lender to rely on such certifications of such accountants;
(g) no later than thirty (30) days prior to the beginning of each fiscal year, financial projections for each Borrower for its next fiscal year, on a quarterly basis, including a projected income statement;
(h) no later than thirty (30) days after each calendar year-end, a true, accurate and complete financial statement as of December 31st of the preceding calendar year for each Guarantor, and no later than fifteen (15) days after filing (and proof of extensions if not filed by April 15 of each year), a complete copy of such Guarantor's tax returns and schedules thereto:
(if) immediately upon becoming aware of the existence of any Pending Default, Event of Default or breach of any term or conditions of this Agreement, a written notice specifying the nature and period of existence thereof and what action such the Borrower is taking or proposes to take with respect thereto;
(j) within five (5) days after the adoption of any change or amendment to Borrower's policy or credit policy manual, copies of such changes or amendments;
(k) within thirty (30) days after the end of each quarter, a compilation of all legal or administrative proceedings pending or threatened;
(l) within thirty (30) days prior to each anniversary date of this Agreement a complete legal audit opinion and reliance letter from Borrower's independent legal counsel addressing the Borrower's compliance with (i) Consumer Finance Laws and (ii) whether Borrowers' Lending and collections Policy and Procedures Manuals evidence compliance with applicable state and federal laws, including without limitation Consumer Finance Laws, which opinion shall include, without limitation, the following (A) each Borrower's compliance with all franchises, licenses, consents, permits, approvals or authorizations of any Governmental Authority and Requirements of Law in respect of any Borrower in connection with the conduct of such Borrower's business and operations and the effectiveness of all such franchises, licenses, consents, permits, approvals or authorizations; (B) to the best of such counsel's knowledge, Borrower's compliance with all laws, rules, and regulations relating to the conduct of its business, including the acquisition of loans, financing of loans and the servicing of loans, the "Truth-In-Lending" Act, as amended, Federal Reserve Board Regulation Z, as amended, federal or state licensing laws, usury laws, and other applicable consumer credit protection laws or Consumer Finance Laws; and (C) to the best of such counsel's knowledge, after diligent inquiry, all pending or threatened litigation, regulatory action, or other dispute that could adversely affect any Borrower;
(m) immediately upon becoming aware of the existence of (i) any pending or threatened adverse action or proceeding by any Governmental Authority, (ii) receipt of any notice that any Borrower is required to have a License, or (iii) any application for any License is denied or any compliance issue exists, copies of same, together with copies of any such pending or threatened action or proceeding or notice;
(n) within two (2) weeks of receiving any state regulatory audit or other reports, notices or other correspondence or communications (other than those described in subsection 8 (m) above), copies of the same, and to the extent any Borrower is required or chooses to respond to such item, a copy of such response concurrently with its transmission to the applicable regulatory agency; and
(og) at the request of Lenderthe Bank, such other information as Lender the Bank may from time to time reasonably require.
Appears in 1 contract