Financial Statements; Notice of Default. Deliver to the Bank: (a) quarterly reports of the Borrower: within forty five (45) days after the close of each of the first three fiscal quarters of the Borrower in each fiscal year, the Borrower shall furnish the Bank with: (i) a Certificate of Compliance in the form of Exhibit D certifying that, as of the end of the applicable period, the Borrower is in full compliance with all affirmative, negative and financial covenants set forth in this Agreement and certified by an officer of the Borrower as accurate, true and complete; and (ii) financial statements including a balance sheet as of the close of such period and statements of income and retained earnings and cash flows for the period then ended, prepared by the Borrower and certified by an officer of the Borrower as accurate, true and complete; such quarterly reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-Q; (b) annual reports of the Borrower: within one hundred twenty (120) days after the close of each fiscal year of the Borrower, the Borrower shall furnish the Bank with financial statements including a balance sheet as of the close of such year and statements of income and retained earnings and cash flows for the year then ended, accompanied by a report thereon, audited in conformity with GAAP by a firm of independent certified public accountants reasonably acceptable to the Bank; such annual reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-K; (c) projections: no later than thirty (30) days before the end of each fiscal year, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the Bank, with the Bank agreeing to keep such projections confidential so as not to create a violation of Regulation FD promulgated under the Securities and Exchange Act of 1934; (d) additional information: promptly upon the Bank's written request, such information (not otherwise required to be delivered by this Section 6.1) about the financial condition, business and operations of the Borrower and/or any Affiliate as the Bank may, from time to time, reasonably request. Upon becoming aware of any Event of Default or of any Default, the Borrower will promptly deliver written notice thereof to the Bank. All financial statements delivered to the Bank shall be (if applicable) consolidated, consolidating and/or individual statements, as the Bank shall require.
Appears in 1 contract
Financial Statements; Notice of Default. Deliver to the Bank:
Bank (a) quarterly reports of the Borrower: within forty a)within forty-five (45) days after the close of each of the first three fiscal quarters of the Borrower in each fiscal year, the Borrower shall furnish the Bank with:
(i) a Certificate of Compliance in the form of Exhibit D certifying that, as year of the end of the applicable periodBorrower, the Borrower is in full compliance with all affirmative, negative and financial covenants set forth in this Agreement and certified by an officer of the Borrower as accurate, true and complete; and
(ii) consolidated financial statements including that are internally prepared, consisting of a balance sheet as of the close of such period and statements statement of income and retained earnings and cash flows for that portion of the period fiscal year to date then ended, which statements shall be prepared by the Borrower and certified by an officer of the Borrower as accurate, true and completein accordance with GAAP consistently applied; such quarterly reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-Q;
(b) annual reports of the Borrower: within one hundred twenty ninety (12090) days after the close of each fiscal year of the Borrower, the Borrower shall furnish the Bank with consolidated financial statements including a balance sheet as of the close of such year and statements of income and retained earnings and cash flows for the year then ended, accompanied by a report thereon, audited prepared in conformity with GAAP and audited by a firm of independent certified public accountants reasonably selected by the Borrower and acceptable to the Bank; such annual reports shall correspond to (c) within ninety (90) days after the information contained in close of each fiscal year, a copy of the Borrower's financial statements Borrowers' form 10k as filed with the Securities and Exchange Commission on Form 10-K;
(c) projections: no later than thirty (30) days before the end of each fiscal yeartogether with all schedules, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the Bank, with the Bank agreeing to keep such projections confidential so as not to create a violation of Regulation FD promulgated under the Securities exhibits and Exchange Act of 1934;
attachments thereto; (d) additional information: promptly upon the Bank's written request, such other information (not otherwise required to be delivered by this Section 6.1) about the financial condition, business and operations of the Borrower and/or Borrower, or any Affiliate Guarantor (if any), as the Bank may, from time to time, reasonably request. Upon ; and (e) promptly upon becoming aware of any occurrence but for the giving of notice or the passage of time which would constitute an Event of Default or of any Default, the Borrower will promptly deliver written notice thereof to the Bankin writing. All Together with any and all financial statements to be delivered to the Bank pursuant to Section 5.1, the Borrower shall be (if applicable) consolidatedsubmit a certificate of compliance by the president or chief financial officer of the Borrower, consolidating and/or individual statementscertifying that the Borrower is in compliance with all affirmative and negative covenants of this Agreement. The Borrower shall also deliver to the Bank, as promptly upon receipt thereof, any management audit letter issued to the Bank shall requireBorrower by its firm of certified public accountants.
Appears in 1 contract
Samples: Commercial Revolving Line of Credit Agreement (Swiss Army Brands Inc)
Financial Statements; Notice of Default. Deliver to the Bank:
Bank (a) quarterly reports of the Borrower: within forty forty-five (45) days after the close of each of the first three fiscal quarters of the Borrower in each fiscal year, the Borrower shall furnish the Bank with:
(i) a Certificate of Compliance in the form of Exhibit D certifying that, as year of the end of the applicable periodBorrower, the Borrower is in full compliance with all affirmative, negative consolidated and financial covenants set forth in this Agreement and certified by an officer of the Borrower as accurate, true and complete; and
(ii) consolidating financial statements including that are internally prepared, consisting of a balance sheet as of the close of such period and statements statement of income and retained earnings and cash flows for that portion of the period fiscal year to date then ended, which statements shall be prepared by the Borrower and certified by an officer of the Borrower as accurate, true and completein accordance with GAAP consistently applied; such quarterly reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-Q;
(b) annual reports of the Borrower: within one hundred twenty ninety (12090) days after the close of each fiscal year of the Borrower, the Borrower shall furnish the Bank with consolidated and consolidating financial statements including a balance sheet as of the close of such year and statements of income and retained earnings and cash flows for the year then ended, accompanied by a report thereon, audited prepared in conformity with GAAP and audited by a firm of independent certified public accountants reasonably selected by the Borrower and acceptable to the Bank; such annual reports shall correspond to (c) within ninety (90) days after the information contained in close of each fiscal year, a copy of the Borrower's financial statements annual report on Form 10-K as filed with the Securities and Exchange Commission on Form 10-K;
(c) projections: no later than thirty (30) days before the end of each fiscal yeartogether with all schedules, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the Bank, with the Bank agreeing to keep such projections confidential so as not to create a violation of Regulation FD promulgated under the Securities exhibits and Exchange Act of 1934;
attachments thereto; (d) additional information: promptly upon the Bank's written request, such other information (not otherwise required to be delivered by this Section 6.1) about the financial condition, business and operations of the Borrower and/or or any Affiliate Guarantor, as the Bank may, from time to time, reasonably request. Upon ; (e) promptly upon becoming aware of any occurrence that but for the giving of notice or the passage of time, would constitute an Event of Default or of any Default, the Borrower will promptly deliver written notice thereof to in writing; and (f) as of the Bankdate of this Agreement and thereafter as of the first Business Day of each calendar month, a Borrowing Base Certificate. All Together with any and all financial statements to be delivered to the Bank pursuant to Section 5.1, the Borrower shall be (if applicable) consolidatedsubmit a certificate of compliance by the president or chief financial officer of the Borrower, consolidating and/or individual statementscertifying that the Borrower is in compliance with all affirmative and negative covenants of this Agreement. The Borrower shall also deliver to the Bank, as promptly upon receipt thereof, any management audit letter issued to the Bank shall requireBorrower by its firm of certified public accountants.
Appears in 1 contract
Financial Statements; Notice of Default. Deliver to the BankAdministrative Agent:
(a) quarterly reports of the Borrower: within forty five (45) days after the close of each of the first three fiscal quarters of the Borrower in each fiscal year, the Borrower shall furnish the Bank Administrative Agent with:
(i) a Certificate of Compliance in the form of Exhibit D E certifying that, as of the end of the applicable period, the Borrower is in full compliance with all affirmative, negative and financial covenants (showing calculations) set forth in this Agreement and that no Event of default or Default exists thereunder and certified by an officer of the Borrower as accurate, true and complete; and
(ii) financial statements including a balance sheet as of the close of such period and statements of income and retained earnings and cash flows for the period then ended, prepared by the Borrower and certified by an officer of the Borrower as accurate, true and complete; such quarterly reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-Q;"
(b) annual reports of the Borrower: within one hundred twenty ninety (12090) days after the close of each fiscal year of the Borrower, the Borrower shall furnish the Bank Administrative Agent with financial statements including a balance sheet as of the close of such year and statements of income and retained earnings and cash flows for the year then ended, accompanied by a report thereon, audited in conformity with GAAP by a firm of independent certified public accountants reasonably acceptable to the BankAdministrative Agent; such annual reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-K;
(c) projections: no later than thirty (30) days before the end of each fiscal year, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the BankAdministrative Agent, with the Bank Administrative Agent agreeing to keep such projections confidential so as not to create a violation of Regulation FD promulgated under the Securities and Exchange Act of 1934;
(d) additional information: promptly upon the BankAdministrative Agent's written request, such information (not otherwise required to be delivered by this Section 6.1) about the financial condition, business and operations of the Borrower and/or any Affiliate as the Bank Administrative Agent may, from time to time, reasonably request. Upon becoming aware of any Event of Default or of any Default, the Borrower will promptly deliver written notice thereof to the BankAdministrative Agent. All financial statements delivered to the Bank Administrative Agent shall be (if applicable) consolidated, consolidating and/or individual statements, as the Bank Administrative Agent shall require.
Appears in 1 contract
Financial Statements; Notice of Default. Deliver to the Bank:
Bank (a) quarterly reports of the Borrower: within forty a)within forty-five (45) days after the close of each of the first three fiscal quarters of the Borrower in each fiscal year, the Borrower shall furnish the Bank with:
(i) a Certificate of Compliance in the form of Exhibit D certifying that, as year of the end of the applicable periodBorrower, the Borrower is in full compliance with all affirmative, negative consolidated and financial covenants set forth in this Agreement and certified by an officer of the Borrower as accurate, true and complete; and
(ii) consolidating financial statements including that are internally prepared, consisting of a balance sheet as of the close of such period and statements statement of income and retained earnings and cash flows for that portion of the period fiscal year to date then ended, which statements shall be prepared by the Borrower and certified by an officer of the Borrower as accurate, true and completein accordance with GAAP consistently applied; such quarterly reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-Q;
(b) annual reports of the Borrower: within one hundred twenty ninety (12090) days after the close of each fiscal year of the Borrower, the Borrower shall furnish the Bank with consolidated and consolidating financial statements including a balance sheet as of the close of such year and statements of income and retained earnings and cash flows for the year then ended, accompanied by a report thereon, audited prepared in conformity with GAAP and audited by a firm of independent certified public accountants reasonably selected by the Borrower and acceptable to the Bank; , such annual reports financial statements shall correspond be accompanied by an opinion of the auditor which (i) shall not disclaim the auditor's obligation to address the information contained in Year 2000 Risk as it relates to the Borrower's financial statements liabilities or contingent liabilities and (ii) shall not be qualified due to the Borrower's possible failure to take all appropriate steps to successfully address the Year 2000 Risk; (c) within ninety (90) days after the close of each fiscal year, a copy of the Borrower's annual report on Form 10-k as filed with the Securities and Exchange Commission on Form 10-K;
(c) projections: no later than thirty (30) days before the end of each fiscal yeartogether with all schedules, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the Bank, with the Bank agreeing to keep such projections confidential so as not to create a violation of Regulation FD promulgated under the Securities exhibits and Exchange Act of 1934;
attachments thereto; (d) additional information: promptly upon the Bank's written request, such other information (not otherwise required to be delivered by this Section 6.1) about the financial condition, business and operations of the Borrower and/or or any Affiliate Guarantor, as the Bank may, from time to time, reasonably request. Upon ; (e) promptly upon becoming aware of any occurrence that but for the giving of notice or the passage of time, would constitute an Event of Default or of any Default, the Borrower will promptly deliver written notice thereof to in writing; and (f) as of the Bankdate of this Agreement and thereafter as of the first Business Day of each calendar month, a Borrowing Base Certificate. All Together with any and all financial statements to be delivered to the Bank pursuant to Section 5.1, the Borrower shall be (if applicable) consolidatedsubmit a certificate of compliance by the president or chief financial officer of the Borrower, consolidating and/or individual statementscertifying that the Borrower is in compliance with all affirmative and negative covenants of this Agreement. The Borrower shall also deliver to the Bank, as promptly upon receipt thereof, any management audit letter issued to the Bank shall requireBorrower by its firm of certified public accountants.
Appears in 1 contract
Financial Statements; Notice of Default. Deliver The Borrower shall deliver to the Bank:
Bank (a) quarterly reports of the Borrower: within forty five (45) days after the close of each of the first three fiscal quarters of the Borrower in each fiscal year, the Borrower shall furnish the Bank with:
(i) a Certificate of Compliance in the form of Exhibit D certifying that, as of the end of the applicable period, the Borrower is in full compliance with all affirmative, negative and financial covenants set forth in this Agreement and certified by an officer of the Borrower as accurate, true and complete; and
(ii) financial statements including a balance sheet as of the close of such period and statements of income and retained earnings and cash flows for the period then ended, prepared by the Borrower and certified by an officer of the Borrower as accurate, true and complete; such quarterly reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-Q;
(b) annual reports of the Borrower: within one hundred twenty (120) days after the close of each fiscal year of the Borrower, the Borrower shall furnish the Bank with financial statements including a balance sheet as of the close of such year and statements of income and retained earnings and cash flows for the year then ended, accompanied by a report thereon, audited in conformity with GAAP by a firm of independent certified public accountants reasonably acceptable to the Bank; such annual reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-K;
(c) projections: no later than thirty (30) days before the end of each fiscal year, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the Bank, with the Bank agreeing to keep such projections confidential so as not to create a violation of Regulation FD promulgated under the Securities and Exchange Act of 1934;
(d) additional information: promptly upon the Bank's written request, such information (not otherwise required to be delivered by this Section 6.1paragraph 7) about the financial condition, business and operations of (SELECT ONE OR MORE) /X/ the Borrower and/or Borrower, any Affiliate guarantor, endorser or surety of Borrower's obligations hereunder to the Bank (the "Guarantor"), / / ________, as the Bank may, from time to time, reasonably request; (SELECT ONE OR MORE AND INSERT AN "X" IN THOSE BOXES WHICH ARE TO BE APPLICABLE;)
(a) X/ monthly reports; within 15 days after the close of each month the Borrower will furnish the Bank with a monthly borrowing base certificate in the form of Exhibit C annexed hereto, accompanied by supporting inventory reports.
(b) X/ INTERIM REPORTS; within 45 days after the close of all but the last quarter of each fiscal year of (SELECT ONE OR MORE) /X/ the Borrower, a balance sheet of such person(s) as of the close of each period and a statement of income for that portion of the period then ended, and including expense schedules breaking out such expenses as interest and depreciation (SELECT ONE) (i) / / reviewed in conformity with GAAP by a firm of independent certified public acceptable to the Bank; (ii) / / compiled by a firm of independent certified public accountants acceptable to the Bank and certified by an officer of such person(s) as true, accurate and complete; or (iii) /X/ internally prepared by such person(s) and certified by an officer of such person(s) as true, accurate, and complete;
(c) X/ ANNUAL REPORT; within 120 days after the close of each fiscal year of (SELECT ONE OR MORE) /X/ the Borrower, / / Guarantor, / / , financial statements including a balance sheet as of the close of such year and statements of income and changes in stockholders' equity and cash flows for the year then ended, and (SELECT ONE) (i) /X/ accompanied by a report thereon, prepared in conformity with GAAP and containing an opinion, unqualified as to scope, of a firm of independent certified public accountants acceptable to the Bank; (ii) / / reviewed in conformity with GAAP by a firm of independent certified public accountants acceptable to the Bank; (iii) / / compiled by a firm of independent certified public accountants acceptable to the Bank and certified by an officer of such person(s) as true, accurate and complete; or (iv) / / internally prepared by such person(s) and certified by an officer of such person(s) as true, accurate and complete;
(d) PERSONAL FINANCIAL STATEMENTS; within days after the close of each calendar year of (SELECT ONE OR MORE) / / the Borrower, / / Guarantor, / / , personal financial statements signed and dated by such person(s) in form and detail satisfactory to the Bank;
(e) FEDERAL TAX RETURN; within days after the close of each (SELECT ONE) / / fiscal / / calendar year of (SELECT ONE OR MORE) / / the Borrower, / / Guarantor, / / ____________________, such person's federal income tax return and all schedules thereto, signed and dated and filed with the Internal Revenue Service;
(f) X/ CERTIFICATE OF COMPLIANCE; simultaneously with the delivery of the financial statements required in (b) and (c) above, a Certificate of Compliance certifying that, as at the end of the applicable period, (SELECT ONE OR MORE) /X/ the Borrower / / Guarantor, / / , is in full compliance with all affirmative, negative and financial covenants set forth in this Note applicable to such person and certified by an officer of such person(s), as accurate, true and complete; All financial statements delivered to the Bank shall be consolidated, consolidating and/or individual statements, as the Bank shall require. Upon becoming aware of any Event of Default or of any occurrence which but for the giving of notice or the passage of time would become an Event of Default, the Borrower and each Guarantor will promptly deliver written notice thereof to the Bank. All financial statements delivered to the Bank shall be (if applicable) consolidated, consolidating and/or individual statements, as the Bank shall require.
Appears in 1 contract
Samples: Commercial Promissory Note and Loan Agreement (D M Management Co)
Financial Statements; Notice of Default. Deliver The Borrower shall deliver to the Bank:
Bank (a) quarterly reports of the Borrower: within forty five (45) days after the close of each of the first three fiscal quarters of the Borrower in each fiscal year, the Borrower shall furnish the Bank with:
(i) a Certificate of Compliance in the form of Exhibit D certifying that, as of the end of the applicable period, the Borrower is in full compliance with all affirmative, negative and financial covenants set forth in this Agreement and certified by an officer of the Borrower as accurate, true and complete; and
(ii) financial statements including a balance sheet as of the close of such period and statements of income and retained earnings and cash flows for the period then ended, prepared by the Borrower and certified by an officer of the Borrower as accurate, true and complete; such quarterly reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-Q;
(b) annual reports of the Borrower: within one hundred twenty (120) days after the close of each fiscal year of the Borrower, the Borrower shall furnish the Bank with financial statements including a balance sheet as of the close of such year and statements of income and retained earnings and cash flows for the year then ended, accompanied by a report thereon, audited in conformity with GAAP by a firm of independent certified public accountants reasonably acceptable to the Bank; such annual reports shall correspond to the information contained in the Borrower's financial statements as filed with the Securities and Exchange Commission on Form 10-K;
(c) projections: no later than thirty (30) days before the end of each fiscal year, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the Bank, with the Bank agreeing to keep such projections confidential so as not to create a violation of Regulation FD promulgated under the Securities and Exchange Act of 1934;
(d) additional information: promptly upon the Bank's written request, such information (not otherwise required to be delivered by this Section 6.1paragraph 7) about the financial condition, business and operations of (SELECT ONE OR MORE) /X/ the Borrower and/or Borrower, any Affiliate guarantor, endorser or surety of Borrower's obligations hereunder to the Bank (the "Guarantor"), / / ________, as the Bank may, from time to time, reasonably request; (SELECT ONE OR MORE AND INSERT AN "X" IN THOSE BOXES WHICH ARE TO BE APPLICABLE;)
(a) X/ monthly reports; within 15 days after the close of each month the Borrower will furnish the Bank with a monthly borrowing base certificate, accompanied by supporting inventory reports.
(b) X/ Interim Reports; within 45 days after the close of all but the last quarter of each fiscal year of (SELECT ONE OR MORE) /X/ the Borrower, balance sheet of such person(s) as of the close of each period and a statement of income for that portion of the period then ended, and including expense schedules breaking out such expenses as interest and depreciation (SELECT ONE) (i) / / reviewed in conformity with GAAP by a firm of independent certified public acceptable to the Bank; (ii) / / compiled by a firm of independent certified public accountants acceptable to the Bank and certified by an officer of such person(s) as true, accurate and complete; or (iii) /X/ internally prepared by such person(s) and certified by an officer of such person(s) as true, accurate, and complete;
(c) X/ ANNUAL REPORT; within 120 days after the close of each fiscal year of (SELECT ONE OR MORE) /X/ the Borrower, / / Guarantor, / / , financial statements including a balance sheet as of the close of such year and statements of income and changes in stockholders' equity and cash flows for the year then ended, and (SELECT ONE)
(i) X/ accompanied by a report thereon, prepared in conformity with GAAP and containing an opinion, unqualified as to scope, of a firm of independent certified public accountants acceptable to the Bank; (ii) / / reviewed in conformity with GAAP by a firm of independent certified public accountants acceptable to the Bank; (iii) / / compiled by a firm of independent certified public accountants acceptable to the Bank and certified by an officer of such person(s) as true, accurate and complete; or (iv) / / internally prepared by such person(s) and certified by an officer of such person(s) as true, accurate and complete;
(d) PERSONAL FINANCIAL STATEMENTS; within days after the close of each calendar year of (SELECT ONE OR MORE) / / the Borrower, / / Guarantor, / / , personal financial statements signed and dated by such person(s) in form and detail satisfactory to the Bank;
(e) FEDERAL TAX RETURN; within days after the close of each (SELECT ONE) / / fiscal / / calendar year of (SELECT ONE OR MORE) / / the Borrower, / / Guarantor, / / ____________________, such person's federal income tax return and all schedules thereto, signed and dated and filed with the Internal Revenue Service;
(f) X/ CERTIFICATE OF COMPLIANCE; simultaneously with the delivery of the financial statements required in (b) and (c) above, a Certificate of Compliance certifying that, as at the end of the applicable period, (SELECT ONE OR MORE) /X/ the Borrower / / Guarantor, / / , is in full compliance with all affirmative, negative and financial covenants set forth in this Note applicable to such person and certified by an officer of such person(s), as accurate, true and complete; All financial statements delivered to the Bank shall be consolidated, consolidating and/or individual statements, as the Bank shall require. Upon becoming aware of any Event of Default or of any occurrence which but for the giving of notice or the passage of time would become an Event of Default, the Borrower and each Guarantor will promptly deliver written notice thereof to the Bank. All financial statements delivered to the Bank shall be (if applicable) consolidated, consolidating and/or individual statements, as the Bank shall require.
Appears in 1 contract
Samples: Commercial Promissory Note and Loan Agreement (D M Management Co)
Financial Statements; Notice of Default. Deliver The Borrowers shall deliver to the Bank:
(a) quarterly reports of the Borrower: quarterly, within forty five (45) days after the close of each of the first three fiscal quarters of the Borrower quarter in each fiscal yearyear of the Borrowers, the Borrower shall furnish the Bank with:
(i) a Certificate of Compliance in the form of Exhibit D certifying that, as financial statements of the end of the applicable period, the Borrower is in full compliance with all affirmative, negative and financial covenants set forth in this Agreement and certified by an officer of the Borrower as accurate, true and complete; and
(ii) financial statements including a balance sheet Borrowers as of the close of such period said quarter and statements of income expenses and retained earnings and cash flows for that portion of the period fiscal year-to-date then ended, prepared by management and reviewed by a firm of independent registered public accountants selected by the Borrower Borrowers and certified by an officer acceptable to the Bank, in conformity with GAAP, and applied on a basis consistent with that of the Borrower as accurate, true and complete; such quarterly reports shall correspond to preceding year or containing disclosure of the information contained effect on financial position or results of operations of any change in the Borrower's financial statements as filed application of accounting principles during the year and containing an unqualified opinion from said firm of independent certified public accountants (together with the Securities any and Exchange Commission on Form 10-Qall Management Letters);
(b) annual reports of the Borrower: annually, within one hundred twenty (120) days after the close of each fiscal year of the BorrowerBorrowers, the Borrower shall furnish the Bank with financial statements including of the Borrowers, including, a balance sheet as of the close of such year and statements of income income, expense and retained earnings and cash flows for the year then ended, accompanied prepared by management and audited by a report thereonfirm of registered public accountants selected by the Borrowers and acceptable to the Bank, audited in conformity with GAAP by GAAP, and applied on a basis consistent with that of the preceding year or containing disclosure of the effect on financial position or results of operations of any change in the application of accounting principles during the year and containing an unqualified opinion from said firm of independent certified public accountants reasonably acceptable to the Bank; such annual reports shall correspond to the information contained in the Borrower's financial statements as filed (together with the Securities any and Exchange Commission on Form 10-Kall Management Letters);
(c) projections: no later than thirty (30) days before the end of each fiscal year, financial projections for the next fiscal year prepared by the Borrower in a form reasonably acceptable to the Bank, quarterly and simultaneously with the Bank agreeing to keep such projections confidential so as not to create delivery of the financial statements required in (a) and (b) above, a violation Covenant Compliance Certificate of Regulation FD promulgated under the Securities and Exchange Act of 1934Borrowers;
(d) additional information: monthly, within fifteen (15) days after the close of each month in each calendar year, a Borrowing Base Certificate of each Borrower with Accounts Receivable Aging Reports and Inventory Reports in such form, scope and detail as the Bank may require;
(e) the other financial reports, if any, identified on Schedule A hereto under the heading "Other Financial Reports";
(f) promptly upon the Bank's written request, such other information (not otherwise required to be delivered by this Section 6.1) about the financial condition, business and operations of the Borrower and/or any Affiliate Borrowers, as the Bank may, may from time to time, reasonably request. Upon ; and
(g) promptly upon becoming aware of any Event of Default (as herein defined), or any event which with the giving of any notice or the passage of time would constitute an Event of Default, the Borrower will promptly deliver written notice thereof to the Bank. All financial statements delivered to the Bank shall be (if applicable) consolidatedthereof, consolidating and/or individual statements, as the Bank shall requirein writing.
Appears in 1 contract
Samples: Loan and Security Agreement (Arrhythmia Research Technology Inc /De/)