Common use of Financial Report Clause in Contracts

Financial Report. The Borrower will maintain, for itself and each Subsidiary, a system of accounting established and administered in accordance with generally accepted accounting principles, and furnish to the Lenders: (i) Within 95 days after the close of each of its Fiscal Years or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of an annual report on Form 10-K or any successor form, an unqualified audit report certified by KPMG LLP or other independent certified public accountants acceptable to the Lenders, prepared in accordance with Agreement Accounting Principles on a consolidated basis for itself and its Subsidiaries, including balance sheets as of the end of such period and statements of operations, stockholders equity and cash flows, accompanied by any management letter prepared by said accountants. (ii) Within 50 days after the close of the first three quarterly periods of each of its Fiscal Years, or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of a quarterly report on Form 10Q or any successor form, for itself and its Subsidiaries, consolidated unaudited balance sheets as at the close of each such period and statements of operations, stockholders equity and cash flows for the period from the beginning of such Fiscal Year to the end of such quarter, all certified by its chief financial officer. (iii) Together with the financial statements required under Section 6.1(i) and Section 6.1(ii), copies of all certifications made by officers of Borrower to the SEC in connection with such financial statements and a compliance certificate in substantially the form of Exhibit B signed by its chief financial officer showing the calculations necessary to determine compliance with this Agreement and stating that no Default or Unmatured Default exists, or if any Default or Unmatured Default exists, stating the nature and status thereof. (iv) Within 270 days after the close of each Fiscal Year, a statement of the Unfunded Liabilities of each Single Employer Plan, if any, certified as correct by an actuary enrolled under ERISA. (v) As soon as possible and in any event within 10 days after the Borrower knows that any Reportable Event has occurred with respect to any Plan, a statement, signed by the chief financial officer of the Borrower, describing said Reportable Event and the action which the Borrower proposes to take with respect thereto. (vi) As soon as possible and in any event within 10 days after receipt by the Borrower, a copy of (a) any notice or claim to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result of the release by the Borrower, any of its Subsidiaries, or any other Person of any toxic or hazardous waste or substance into the environment, and (b) any notice alleging any violation of any federal, state or local environmental, health or safety law or regulation by the Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to have a Material Adverse Effect. (vii) Promptly upon the furnishing thereof to the stockholders of the Borrower, copies of all financial statements, reports and proxy statements so furnished. (viii) Promptly upon the filing thereof, copies of all registration statements and annual, quarterly, monthly or other regular reports which the Borrower or any of its Subsidiaries files with the Securities and Exchange Commission. (ix) By March 31 of each year, an Engineering Report prepared as of the preceding January 1, by petroleum engineers who are employees of Borrower and audited by Xxxxx Xxxxx Company, or other independent petroleum engineers chosen by Borrower and acceptable to Required Lenders, concerning all oil and gas properties and interests owned by any Borrower and its Subsidiaries which are located in or offshore of the United States and which have attributable to them proved oil or gas reserves. This reserve audit described above shall encompass a review of the reserves associated with oil and gas properties comprising at least 80% of the value stated in the report. The Engineering Report shall be satisfactory to Administrative Agent, shall contain sufficient information to enable Borrower to meet the reporting requirements concerning oil and gas reserves contained in Regulations S-K and S-X promulgated by the SEC, shall take into account any “over/under produced” status under gas balancing arrangements, and shall contain information and analysis comparable in scope to that contained in the Initial Engineering Report. This report shall distinguish (or shall be delivered together with a certificate from an appropriate officer of Borrower which distinguishes) those properties treated in the report which are Collateral from those properties treated in the report which are not Collateral. (x) By September 30 of each year, and promptly following notice of an additional Borrowing Base redetermination under Section 2.6.3, an Engineering Report prepared as of the preceding June 30 (or the first day of the preceding calendar month in the case of an additional redetermination) by petroleum engineers who are employees of Borrower (or by the independent engineers named above), together with an accompanying report on property sales, property purchases and changes in categories, both in the same form and scope as the reports in (x) above. (xi) By March 31 and September 30 of each year, beginning September 30, 2005, a report describing the gross volume of production and sales attributable to production during the preceding six-month period from the properties described in the Engineering Report in Section 6.1(ix) or Section 6.1(x) and describing the related severance taxes, other taxes, and leasehold operating expenses attributable thereto and incurred during such month. (xii) Promptly after such delivery or receipt, copies of any financial or other report or notice delivered to, or received from, any holder of Senior Notes, Permitted Bond Indebtedness (or the notes evidencing same) or Indebtedness in respect of any 9.60% Senior Notes Refinancing (or the notes evidencing same), which report or notice has not been delivered to the Lenders hereunder. (xiii) Such other information (including non-financial information) as the Administrative Agent or any Lender may from time to time reasonably request.

Financial Report. The Borrower will maintain, for itself and each Subsidiary, a system of accounting established and administered in accordance with generally accepted accounting principles, and furnish to the LendersTHE BORROWER WILL FURNISH TO THE BANK: (i) Within 95 days after the close of each of its Fiscal Years or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of an annual report on Form 10-K or any successor form, an unqualified audit report certified by KPMG LLP or other independent certified public accountants acceptable to the Lenders, prepared in accordance with Agreement Accounting Principles on a consolidated basis for itself and its Subsidiaries, including balance sheets as of the end of such period and statements of operations, stockholders equity and cash flows, accompanied by any management letter prepared by said accountants. (ii) Within 50 days after the close of the first three quarterly periods of each of its Fiscal Years, or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of a quarterly report on Form 10Q or any successor form, for itself and its Subsidiaries, consolidated unaudited balance sheets as at the close of each such period and statements of operations, stockholders equity and cash flows for the period from the beginning of such Fiscal Year to the end of such quarter, all certified by its chief financial officer. (iii) Together with the financial statements required under Section 6.1(i) and Section 6.1(ii), copies of all certifications made by officers of Borrower to the SEC in connection with such financial statements and a compliance certificate in substantially the form of Exhibit B signed by its chief financial officer showing the calculations necessary to determine compliance with this Agreement and stating that no Default or Unmatured Default exists, or if any Default or Unmatured Default exists, stating the nature and status thereof. (iv) Within 270 days after the close of each Fiscal Year, a statement of the Unfunded Liabilities of each Single Employer Plan, if any, certified as correct by an actuary enrolled under ERISA. (v) As soon as possible and available, but in any event within 10 120 days after the Borrower knows that any Reportable Event has occurred with respect to any Plan, a statement, signed by the chief financial officer end of the Borrower, describing said Reportable Event and the action which the Borrower proposes to take with respect thereto. (vi) As soon as possible and in any event within 10 days after receipt by each fiscal year of the Borrower, a copy of (a) any notice the audited consolidated balance sheet of the Borrower and its consolidated subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, stockholders' equity and changes in financial position for such fiscal year, in each case setting forth in comparative form the figures for the previous year, reported on without a "going concern" or claim like qualification or exception or qualification as to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result scope of the release audit, by independent certified public accountants of nationally recognized standing, together with any letter from the Borrower, any of its Subsidiaries, or any other Person of any toxic or hazardous waste or substance into 's management prepared in connection with the environment, and (b) any notice alleging any violation of any federal, state or local environmental, health or safety law or regulation by the Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to have a Material Adverse Effect.Borrower's annual audit report; (viiii) Promptly upon as soon as available, but in any event within 30 days after the furnishing thereof to the stockholders end of each month in each fiscal year of the Borrower, copies of all financial statements, reports and proxy statements so furnished. (viii) Promptly upon the filing thereof, copies of all registration statements and annual, quarterly, monthly or other regular reports which the Borrower or any of its Subsidiaries files with the Securities and Exchange Commission. (ix) By March 31 of each year, an Engineering Report prepared as unaudited consolidated balance sheets of the preceding January 1, by petroleum engineers who are employees of Borrower and audited by Xxxxx Xxxxx Company, or other independent petroleum engineers chosen by Borrower and acceptable to Required Lenders, concerning all oil and gas properties and interests owned by any Borrower and its Subsidiaries which are located in or offshore consolidated subsidiaries as at the end of the United States and which have attributable to them proved oil or gas reserves. This reserve audit described above shall encompass a review of the reserves associated with oil and gas properties comprising at least 80% of the value stated in the report. The Engineering Report shall be satisfactory to Administrative Agent, shall contain sufficient information to enable Borrower to meet the reporting requirements concerning oil and gas reserves contained in Regulations S-K and S-X promulgated by the SEC, shall take into account any “over/under produced” status under gas balancing arrangements, and shall contain information and analysis comparable in scope to that contained in the Initial Engineering Report. This report shall distinguish (or shall be delivered together with a certificate from an appropriate officer of Borrower which distinguishes) those properties treated in the report which are Collateral from those properties treated in the report which are not Collateral. (x) By September 30 of each year, and promptly following notice of an additional Borrowing Base redetermination under Section 2.6.3, an Engineering Report prepared as of the preceding June 30 (or the first day of the preceding calendar month in the case of an additional redetermination) by petroleum engineers who are employees of Borrower (or by the independent engineers named above)such monthly period, together with an accompanying report on property salesthe related unaudited consolidated statements of income for such monthly period and for the portion of the fiscal year of the Borrower through such monthly period, property purchases in each case certified by the Chief Financial Officer of the Borrower as presenting fairly the financial condition and changes results of operations of the Borrower and its consolidated subsidiaries, in categories, both conformity with GAAP (subject to normal year-end audit adjustments and to the fact that such financial statements may be condensed and may not include footnotes); all such financial statements to be complete and correct in all material respects and prepared in reasonable detail and in conformity with GAAP applied consistently throughout the same form and scope as the reports in (x) above.periods reflected therein; and (xiiii) By March 31 and September 30 as soon as available, but in any event not less than 14 days prior to the end of each fiscal year of the Borrower, a projected balance sheet, projected cash flow statement (including proposed Capital Expenditures) and projected profit and loss statement of the Borrower and its consolidated subsidiaries for the forthcoming fiscal year, beginning September 30, 2005, in all cases setting forth such financial information on a report describing the gross volume of production and sales attributable to production during the preceding six-month period from the properties described in the Engineering Report in Section 6.1(ix) or Section 6.1(x) and describing the related severance taxes, other taxes, and leasehold operating expenses attributable thereto and incurred during fiscal quarter by fiscal quarter basis for such monthforthcoming fiscal year. (xii) Promptly after such delivery or receipt, copies of any financial or other report or notice delivered to, or received from, any holder of Senior Notes, Permitted Bond Indebtedness (or the notes evidencing same) or Indebtedness in respect of any 9.60% Senior Notes Refinancing (or the notes evidencing same), which report or notice has not been delivered to the Lenders hereunder. (xiii) Such other information (including non-financial information) as the Administrative Agent or any Lender may from time to time reasonably request.

Financial Report. The Borrower will maintainDentex shall furnish, for itself and each Subsidiaryor cause to be furnished, a system of accounting established and administered in accordance with generally accepted accounting principles, and furnish to the LendersBank: (i) Within 95 as soon as available, but in any event within 120 days after the close end of each fiscal year of Dentex, a copy of the audited consolidated balance sheet of Dentex and its Fiscal Years consolidated subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, stockholders' equity and changes in financial position for such fiscal year, in each case setting forth in comparative form the figures for the previous year, reported on without a "going concern" or within 5 days after such earlier day like qualification or exception or qualification as such financial statements are required to be filed with the SEC as part scope of an annual report on Form 10-K or any successor formthe audit, an unqualified audit report certified by KPMG LLP or other independent certified public accountants acceptable to the Lendersof nationally recognized standing, together with any letter from Dentex's management prepared in accordance connection with Agreement Accounting Principles on a Dentex's annual audit report; (ii) as soon as available, but in any event within 60 days after the end of each fiscal quarter end in each fiscal year of Dentex, copies of the unaudited consolidated basis for itself balance sheets of Dentex and its Subsidiaries, including balance sheets consolidated subsidiaries as of at the end of such quarterly period, together with the related unaudited consolidated statements of income for such quarterly period and statements of operations, stockholders equity and cash flows, accompanied by any management letter prepared by said accountants. (ii) Within 50 days after for the close portion of the first three fiscal year of Dentex through such quarterly periods period, in each case certified by the Chief Financial Officer of each Dentex as presenting fairly in all material respects the financial condition and results of operations of Dentex and its Fiscal Yearsconsolidated subsidiaries, or within 5 days after such earlier day as in conformity with GAAP (subject to normal year end audit adjustments and to the fact that such financial statements are required may be condensed and may not include footnotes); all such financial statements to be filed complete and correct in all material respects and prepared in reasonable detail and in conformity with GAAP applied consistently throughout the SEC periods reflected therein; and (iii) as part of a quarterly report on Form 10Q or soon as available, but in any successor form, for itself and its Subsidiaries, consolidated unaudited balance sheets as at the close of each such period and statements of operations, stockholders equity and cash flows for the period from the beginning of such Fiscal Year event not less than 14 days prior to the end of such quartereach fiscal year of Dentex, all certified by its chief financial officer. a projected balance sheet, projected cash flow statement (iii) Together with the financial statements required under Section 6.1(iincluding proposed Capital Expenditures) and Section 6.1(ii)projected profit and loss statement of Dentex and its consolidated subsidiaries for the forthcoming fiscal year, copies of in all certifications made cases setting forth such financial information on a fiscal quarter by officers of Borrower fiscal quarter basis for such forthcoming fiscal year; provided, that in the event Dentex shall begin, after the Closing Date, to prepare such projections for a period greater than the forthcoming fiscal year, Dentex shall furnish the same to Bank pursuant to the SEC in connection with such financial statements and a compliance certificate in substantially the form terms of Exhibit B signed by its chief financial officer showing the calculations necessary to determine compliance with this Agreement and stating that no Default or Unmatured Default exists, or if any Default or Unmatured Default exists, stating the nature and status thereofSection 6(c)(iii). (iv) Within 270 days after the close of each Fiscal Year, a statement of the Unfunded Liabilities of each Single Employer Plan, if any, certified as correct by an actuary enrolled under ERISA. (v) As soon as possible and in any event within 10 days after the Borrower knows that any Reportable Event has occurred with respect to any Plan, a statement, signed by the chief financial officer of the Borrower, describing said Reportable Event and the action which the Borrower proposes to take with respect thereto. (vi) As soon as possible and in any event within 10 days after receipt by the Borrower, a copy of (a) any notice or claim to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result of the release by the Borrower, any of its Subsidiaries, or any other Person of any toxic or hazardous waste or substance into the environment, and (b) any notice alleging any violation of any federal, state or local environmental, health or safety law or regulation by the Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to have a Material Adverse Effect. (vii) Promptly upon the furnishing thereof to the stockholders of the Borrower, copies of all financial statements, reports and proxy statements so furnished. (viii) Promptly upon the filing thereof, copies of all registration statements and annual, quarterly, monthly or other regular reports which the Borrower or any of its Subsidiaries files with the Securities and Exchange Commission. (ix) By March 31 of each year, an Engineering Report prepared as of the preceding January 1, by petroleum engineers who are employees of Borrower and audited by Xxxxx Xxxxx Company, or other independent petroleum engineers chosen by Borrower and acceptable to Required Lenders, concerning all oil and gas properties and interests owned by any Borrower and its Subsidiaries which are located in or offshore of the United States and which have attributable to them proved oil or gas reserves. This reserve audit described above shall encompass a review of the reserves associated with oil and gas properties comprising at least 80% of the value stated in the report. The Engineering Report shall be satisfactory to Administrative Agent, shall contain sufficient information to enable Borrower to meet the reporting requirements concerning oil and gas reserves contained in Regulations S-K and S-X promulgated by the SEC, shall take into account any “over/under produced” status under gas balancing arrangements, and shall contain information and analysis comparable in scope to that contained in the Initial Engineering Report. This report shall distinguish (or shall be delivered together with a certificate from an appropriate officer of Borrower which distinguishes) those properties treated in the report which are Collateral from those properties treated in the report which are not Collateral. (x) By September 30 of each year, and promptly following notice of an additional Borrowing Base redetermination under Section 2.6.3, an Engineering Report prepared as of the preceding June 30 (or the first day of the preceding calendar month in the case of an additional redetermination) by petroleum engineers who are employees of Borrower (or by the independent engineers named above), together with an accompanying report on property sales, property purchases and changes in categories, both in the same form and scope as the reports in (x) above. (xi) By March 31 and September 30 of each year, beginning September 30, 2005, a report describing the gross volume of production and sales attributable to production during the preceding six-month period from the properties described in the Engineering Report in Section 6.1(ix) or Section 6.1(x) and describing the related severance taxes, other taxes, and leasehold operating expenses attributable thereto and incurred during such month. (xii) Promptly after such delivery or receipt, copies of any financial or other report or notice delivered to, or received from, any holder of Senior Notes, Permitted Bond Indebtedness (or the notes evidencing same) or Indebtedness in respect of any 9.60% Senior Notes Refinancing (or the notes evidencing same), which report or notice has not been delivered to the Lenders hereunder. (xiii) Such other information (including non-financial information) as the Administrative Agent or any Lender may from time to time reasonably request.

Financial Report. The Borrower will maintain, for itself and each Subsidiary, a system of accounting established and administered in accordance with generally accepted accounting principles, and furnish to the LendersBank: (i) Within 95 days after the close of each of its Fiscal Years or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of an annual report on Form 10-K or any successor form, an unqualified audit report certified by KPMG LLP or other independent certified public accountants acceptable to the Lenders, prepared in accordance with Agreement Accounting Principles on a consolidated basis for itself and its Subsidiaries, including balance sheets as of the end of such period and statements of operations, stockholders equity and cash flows, accompanied by any management letter prepared by said accountants. (ii) Within 50 days after the close of the first three quarterly periods of each of its Fiscal Years, or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of a quarterly report on Form 10Q or any successor form, for itself and its Subsidiaries, consolidated unaudited balance sheets as at the close of each such period and statements of operations, stockholders equity and cash flows for the period from the beginning of such Fiscal Year to the end of such quarter, all certified by its chief financial officer. (iii) Together with the financial statements required under Section 6.1(i) and Section 6.1(ii), copies of all certifications made by officers of Borrower to the SEC in connection with such financial statements and a compliance certificate in substantially the form of Exhibit B signed by its chief financial officer showing the calculations necessary to determine compliance with this Agreement and stating that no Default or Unmatured Default exists, or if any Default or Unmatured Default exists, stating the nature and status thereof. (iv) Within 270 days after the close of each Fiscal Year, a statement of the Unfunded Liabilities of each Single Employer Plan, if any, certified as correct by an actuary enrolled under ERISA. (v) As soon as possible and available, but in any event within 10 120 days after the Borrower knows that any Reportable Event has occurred with respect to any Plan, a statement, signed by the chief financial officer end of the Borrower, describing said Reportable Event and the action which the Borrower proposes to take with respect thereto. (vi) As soon as possible and in any event within 10 days after receipt by each fiscal year of the Borrower, a copy of (a) any notice the audited consolidated balance sheet of the Borrower and its consolidated subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, stockholders' equity and changes in financial position for such fiscal year, in each case setting forth in comparative form the figures for the previous year, reported on without a "going concern" or claim like qualification or exception or qualification as to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result scope of the release audit, by independent certified public accountants of nationally recognized standing, together with any letter from the Borrower, any of its Subsidiaries, or any other Person of any toxic or hazardous waste or substance into 's management prepared in connection with the environment, and (b) any notice alleging any violation of any federal, state or local environmental, health or safety law or regulation by the Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to have a Material Adverse Effect.Borrower's annual audit report; (viiii) Promptly upon as soon as available, but in any event within 60 days after the furnishing thereof to the stockholders end of each fiscal quarter end in each fiscal year of the Borrower, copies of all financial statements, reports and proxy statements so furnished. (viii) Promptly upon the filing thereof, copies of all registration statements and annual, quarterly, monthly or other regular reports which the Borrower or any of its Subsidiaries files with the Securities and Exchange Commission. (ix) By March 31 of each year, an Engineering Report prepared as unaudited consolidated balance sheets of the preceding January 1, by petroleum engineers who are employees of Borrower and audited by Xxxxx Xxxxx Company, or other independent petroleum engineers chosen by Borrower and acceptable to Required Lenders, concerning all oil and gas properties and interests owned by any Borrower and its Subsidiaries which are located in or offshore consolidated subsidiaries as at the end of the United States and which have attributable to them proved oil or gas reserves. This reserve audit described above shall encompass a review of the reserves associated with oil and gas properties comprising at least 80% of the value stated in the report. The Engineering Report shall be satisfactory to Administrative Agent, shall contain sufficient information to enable Borrower to meet the reporting requirements concerning oil and gas reserves contained in Regulations S-K and S-X promulgated by the SEC, shall take into account any “over/under produced” status under gas balancing arrangements, and shall contain information and analysis comparable in scope to that contained in the Initial Engineering Report. This report shall distinguish (or shall be delivered together with a certificate from an appropriate officer of Borrower which distinguishes) those properties treated in the report which are Collateral from those properties treated in the report which are not Collateral. (x) By September 30 of each year, and promptly following notice of an additional Borrowing Base redetermination under Section 2.6.3, an Engineering Report prepared as of the preceding June 30 (or the first day of the preceding calendar month in the case of an additional redetermination) by petroleum engineers who are employees of Borrower (or by the independent engineers named above)such quarterly period, together with an accompanying report the related unaudited consolidated statements of income for such quarterly period and for the portion of the fiscal year of the Borrower through such quarterly period, in each case certified by the Chief Financial Officer of the Borrower as presenting fairly in all material respects the financial condition and results of operations of the Borrower and its consolidated subsidiaries, in conformity with GAAP (subject to normal year-end audit adjustments and to the fact that such financial statements may be condensed and may not include footnotes); all such financial statements to be complete and correct in all material respects and prepared in reasonable detail and in conformity with GAAP applied consistently throughout the periods reflected therein; and (iii) as soon as available, but in any event not less than 14 days prior to the end of each fiscal year of the Borrower, a projected balance sheet, projected cash flow statement (including proposed Capital Expenditures) and projected profit and loss statement of the Borrower and its consolidated subsidiaries for the forthcoming fiscal year, in all cases setting forth such financial information on property salesa fiscal quarter by fiscal quarter basis for such forthcoming fiscal year; provided that, property purchases and changes in categories, both in the same form and scope as the reports in (x) above. (xi) By March 31 and September 30 of each yearevent Borrower shall begin, beginning September 30, 2005, a report describing the gross volume of production and sales attributable to production during the preceding six-month period from the properties described in the Engineering Report in Section 6.1(ix) or Section 6.1(x) and describing the related severance taxes, other taxes, and leasehold operating expenses attributable thereto and incurred during such month. (xii) Promptly after such delivery or receipt, copies of any financial or other report or notice delivered to, or received from, any holder of Senior Notes, Permitted Bond Indebtedness (or the notes evidencing same) or Indebtedness in respect of any 9.60% Senior Notes Refinancing (or the notes evidencing same), which report or notice has not been delivered to the Lenders hereunder. (xiii) Such other information (including non-financial information) as the Administrative Agent or any Lender may from time to time reasonably request.after

Financial Report. The Borrower will maintain, for itself and each Subsidiary, a system of accounting established and administered in accordance with generally accepted accounting principles, and furnish to the Lenders: (i) Within 95 days after the close of each of its Fiscal Years fiscal years or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of an annual report on Form 10-K or any successor form, an unqualified audit report certified by KPMG LLP or other independent certified public accountants acceptable to the Lenders, prepared in accordance with Agreement Accounting Principles on a consolidated basis for itself and its Subsidiaries, including balance sheets as of the end of such period and statements of operations, stockholders equity and cash flows, accompanied by (a) any management letter prepared by said accountants, and (b) 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. (ii) Within 50 days after the close of the first three quarterly periods of each of its Fiscal Yearsfiscal years, or within 5 days after such earlier day as such financial statements are required to be filed with the SEC as part of a quarterly report on Form 10Q or any successor form, for itself and its Subsidiaries, consolidated unaudited balance sheets as at the close of each such period and statements of operations, stockholders equity and cash flows for the period from the beginning of such Fiscal Year fiscal year to the end of such quarter, all certified by its chief financial officer. (iii) Together with the financial statements required under Section Sections 6.1(i) and Section 6.1(ii(ii), copies of all certifications made by officers of Borrower to the SEC in connection with such financial statements and a compliance certificate in substantially the form of Exhibit B signed by its chief financial officer showing the calculations necessary to determine compliance with this Agreement and stating that no Default or Unmatured Default exists, or if any Default or Unmatured Default exists, stating the nature and status thereof. (iv) Within 270 days after the close of each Fiscal Yearfiscal year, a statement of the Unfunded Liabilities of each Single Employer Plan, if any, certified as correct by an actuary enrolled under ERISA. (v) As soon as possible and in any event within 10 days after the Borrower knows that any Reportable Event has occurred with respect to any Plan, a statement, signed by the chief financial officer of the Borrower, describing said Reportable Event and the action which the Borrower proposes to take with respect thereto. (vi) As soon as possible and in any event within 10 days after receipt by the Borrower, a copy of (a) any notice or claim to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result of the release by the Borrower, any of its Subsidiaries, or any other Person of any toxic or hazardous waste or substance into the environment, and (b) any notice alleging any violation of any federal, state or local environmental, health or safety law or regulation by the Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to have a Material Adverse Effect. (vii) Promptly upon the furnishing thereof to the stockholders of the Borrower, copies of all financial statements, reports and proxy statements so furnished. (viii) Promptly upon the filing thereof, copies of all registration statements and annual, quarterly, monthly or other regular reports which the Borrower or any of its Subsidiaries files with the Securities and Exchange Commission. (ix) On each yearly anniversary of the closing date, a certificate of good standing for the Borrower and each other Person which has pledged collateral in support of the Obligations from the appropriate governmental officer in its jurisdiction of incorporation or organization. (x) By March 31 of each year, an Engineering Report prepared as of the preceding January 1, by petroleum engineers who are employees of Borrower and audited by Xxxxx Xxxxx Company, or other independent petroleum engineers chosen by Borrower and acceptable to Required Lenders, concerning all oil and gas properties and interests owned by any Borrower and its Subsidiaries which are located in or offshore of the United States and which have attributable to them proved oil or gas reserves. This reserve audit described above shall encompass a review of the reserves associated with oil and gas properties comprising at least 80% of the value stated in the report. The Engineering Report shall be satisfactory to Administrative Agent, shall contain sufficient information to enable Borrower to meet the reporting requirements concerning oil and gas reserves contained in Regulations S-K and S-X promulgated by the SEC, shall take into account any “"over/under produced” " status under gas balancing arrangements, and shall contain information and analysis comparable in scope to that contained in the Initial Engineering Report. This report shall distinguish (or shall be delivered together with a certificate from an appropriate officer of Borrower which distinguishes) those properties treated in the report which are Collateral from those properties treated in the report which are not Collateral. (xxi) By September 30 of each year, and promptly following notice of an additional Borrowing Base redetermination under Section 2.6.3, an Engineering Report prepared as of the preceding June 30 (or the first day of the preceding calendar month in the case of an additional redetermination) by petroleum engineers who are employees of Borrower (or by the independent engineers named above), together with an accompanying report on property sales, property purchases and changes in categories, both in the same form and scope as the reports in (x) above. (xixii) By March February 28 and August 31 and September 30 of each year, beginning September 30February 28, 20052003, a report describing the gross volume of production and sales attributable to production during the preceding six-month period from the properties described in the Engineering Report in Section 6.1(ix6.1(x) or Section 6.1(x6.1(xi) and describing the related severance taxes, other taxes, and leasehold operating expenses attributable thereto and incurred during such month. (xii) Promptly after such delivery or receipt, copies of any financial or other report or notice delivered to, or received from, any holder of Senior Notes, Permitted Bond Indebtedness (or the notes evidencing same) or Indebtedness in respect of any 9.60% Senior Notes Refinancing (or the notes evidencing same), which report or notice has not been delivered to the Lenders hereunder. (xiii) Such other information (including non-financial information) as the Administrative Agent or any Lender may from time to time reasonably request.

Financial Report. The Borrower will maintainDentex shall furnish, for itself and each Subsidiaryor cause to be furnished, a system of accounting established and administered in accordance with generally accepted accounting principles, and furnish to the LendersBank: (i) Within 95 as soon as available, but in any event within 120 days after the close end of each fiscal year of Dentex, a copy of the audited consolidated balance sheet of Dentex and its Fiscal Years consolidated subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, stockholders' equity and changes in financial position for such fiscal year, in each case setting forth in comparative form the figures for the previous year, reported on without a "going concern" or within 5 days after such earlier day like qualification or exception or qualification as such financial statements are required to be filed with the SEC as part scope of an annual report on Form 10-K or any successor formthe audit, an unqualified audit report certified by KPMG LLP or other independent certified public accountants acceptable to the Lendersof nationally recognized standing, together with any letter from Dentex's management prepared in accordance connection with Agreement Accounting Principles on a Dentex's annual audit report; (ii) as soon as available, but in any event within 60 days after the end of each fiscal quarter end in each fiscal year of Dentex, copies of the unaudited consolidated basis for itself balance sheets of Dentex and its Subsidiaries, including balance sheets consolidated subsidiaries as of at the end of such quarterly period, together with the related unaudited consolidated statements of income for such quarterly period and statements of operations, stockholders equity and cash flows, accompanied by any management letter prepared by said accountants. (ii) Within 50 days after for the close portion of the first three fiscal year of Dentex through such quarterly periods period, in each case certified by the Chief Financial Officer of each Dentex as presenting fairly in all material respects the financial condition and results of operations of Dentex and its Fiscal Yearsconsolidated subsidiaries, or within 5 days after such earlier day as in conformity with GAAP (subject to normal year-end audit adjustments and to the fact that such financial statements are required may be condensed and may not include footnotes); all such financial statements to be filed complete and correct in all material respects and prepared in reasonable detail and in conformity with GAAP applied consistently throughout the SEC periods reflected therein; and (iii) as part of a quarterly report on Form 10Q or soon as available, but in any successor form, for itself and its Subsidiaries, consolidated unaudited balance sheets as at the close of each such period and statements of operations, stockholders equity and cash flows for the period from the beginning of such Fiscal Year event not less than 14 days prior to the end of such quartereach fiscal year of Dentex, all certified by its chief financial officer. a projected balance sheet, projected cash flow statement (iii) Together with the financial statements required under Section 6.1(iincluding proposed Capital Expenditures) and Section 6.1(ii)projected profit and loss statement of Dentex and its consolidated subsidiaries for the forthcoming fiscal year, copies of in all certifications made cases setting forth such financial information on a fiscal quarter by officers of Borrower fiscal quarter basis for such forthcoming fiscal year; PROVIDED THAT, in the event Dentex shall begin, after the Closing Date, to prepare such projections for a period greater than the forthcoming fiscal year, Dentex shall furnish the same to Bank pursuant to the SEC in connection with such financial statements and a compliance certificate in substantially the form terms of Exhibit B signed by its chief financial officer showing the calculations necessary to determine compliance with this Agreement and stating that no Default or Unmatured Default exists, or if any Default or Unmatured Default exists, stating the nature and status thereofSection 6(c)(iii). (iv) Within 270 days after the close of each Fiscal Year, a statement of the Unfunded Liabilities of each Single Employer Plan, if any, certified as correct by an actuary enrolled under ERISA. (v) As soon as possible and in any event within 10 days after the Borrower knows that any Reportable Event has occurred with respect to any Plan, a statement, signed by the chief financial officer of the Borrower, describing said Reportable Event and the action which the Borrower proposes to take with respect thereto. (vi) As soon as possible and in any event within 10 days after receipt by the Borrower, a copy of (a) any notice or claim to the effect that the Borrower or any of its Subsidiaries is or may be liable to any Person as a result of the release by the Borrower, any of its Subsidiaries, or any other Person of any toxic or hazardous waste or substance into the environment, and (b) any notice alleging any violation of any federal, state or local environmental, health or safety law or regulation by the Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to have a Material Adverse Effect. (vii) Promptly upon the furnishing thereof to the stockholders of the Borrower, copies of all financial statements, reports and proxy statements so furnished. (viii) Promptly upon the filing thereof, copies of all registration statements and annual, quarterly, monthly or other regular reports which the Borrower or any of its Subsidiaries files with the Securities and Exchange Commission. (ix) By March 31 of each year, an Engineering Report prepared as of the preceding January 1, by petroleum engineers who are employees of Borrower and audited by Xxxxx Xxxxx Company, or other independent petroleum engineers chosen by Borrower and acceptable to Required Lenders, concerning all oil and gas properties and interests owned by any Borrower and its Subsidiaries which are located in or offshore of the United States and which have attributable to them proved oil or gas reserves. This reserve audit described above shall encompass a review of the reserves associated with oil and gas properties comprising at least 80% of the value stated in the report. The Engineering Report shall be satisfactory to Administrative Agent, shall contain sufficient information to enable Borrower to meet the reporting requirements concerning oil and gas reserves contained in Regulations S-K and S-X promulgated by the SEC, shall take into account any “over/under produced” status under gas balancing arrangements, and shall contain information and analysis comparable in scope to that contained in the Initial Engineering Report. This report shall distinguish (or shall be delivered together with a certificate from an appropriate officer of Borrower which distinguishes) those properties treated in the report which are Collateral from those properties treated in the report which are not Collateral. (x) By September 30 of each year, and promptly following notice of an additional Borrowing Base redetermination under Section 2.6.3, an Engineering Report prepared as of the preceding June 30 (or the first day of the preceding calendar month in the case of an additional redetermination) by petroleum engineers who are employees of Borrower (or by the independent engineers named above), together with an accompanying report on property sales, property purchases and changes in categories, both in the same form and scope as the reports in (x) above. (xi) By March 31 and September 30 of each year, beginning September 30, 2005, a report describing the gross volume of production and sales attributable to production during the preceding six-month period from the properties described in the Engineering Report in Section 6.1(ix) or Section 6.1(x) and describing the related severance taxes, other taxes, and leasehold operating expenses attributable thereto and incurred during such month. (xii) Promptly after such delivery or receipt, copies of any financial or other report or notice delivered to, or received from, any holder of Senior Notes, Permitted Bond Indebtedness (or the notes evidencing same) or Indebtedness in respect of any 9.60% Senior Notes Refinancing (or the notes evidencing same), which report or notice has not been delivered to the Lenders hereunder. (xiii) Such other information (including non-financial information) as the Administrative Agent or any Lender may from time to time reasonably request.