Common use of Financial Statements; Other Reporting Requirements Clause in Contracts

Financial Statements; Other Reporting Requirements. Borrower shall furnish or cause to be furnished to Lender: (a) as soon as available and in any event within ninety (90) days following the close of each fiscal year, audited annual financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures); (c) as soon as available and in any event within forty-five (45) days following the close of each fiscal quarter, internally prepared unaudited quarterly financial statements of Guarantor (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal quarter and statement of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarter, certified as true and correct by the chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures); (d) as soon as available and in any event within forty-five (45) days following the close of each month, (i) internally prepared unaudited monthly financial statements of Borrower consisting of a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion Date, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (f) such other financial information concerning Borrower and/or Guarantor as Lender may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. The Borrower shall will furnish or cause to be furnished to the Lender: (a) as soon as available and in any event within ninety one hundred twenty (90120) days following the close of each fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true and correct by Ernst & Young or such other independent certified public accountants of recognized standing acceptable to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied Lender (subject such acceptance not to non-material audit adjustments and the absence of full footnote disclosuresbe unreasonably withheld);, (cb) as soon as available and in any event within forty-five (45) days following the close of each fiscal calendar quarter, internally prepared unaudited quarterly interim consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied applied, (subject c) upon each submission of the financial statements required by (a) and (b) above, a compliance certificate signed by the chief financial officer of the Borrower in the form attached hereto as Exhibit A, certifying that he has reviewed this Agreement and to non-material audit adjustments the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and the absence extent thereof, that all financial covenants in this Agreement have been met, and providing a computation of full footnote disclosures);all financial covenants contained herein, and details of any waivers, amendments, or modifications of any covenant contained in this Agreement, and said certificate shall include a schedule of all Hedging Agreements, (d) as soon as available and in any event within forty-thirty (30) days after filing, a copy of the Borrower's federal tax returns, (e) by March 31st of each year, a third party engineering report (at Borrower's expense) dated as of the preceding December 31 covering oil and gas properties owned by the Borrower and included or to be included in the Borrowing Base Amount, in form and substance reasonably satisfactory to the Lender, (f) as soon as available and in any event within forty five (45) days following after the close end of each monthquarter, the following reports and data: reports of production (attributable to oil and gas properties owned by the Borrower and included or to be included in the Borrowing Base Amount), commodity prices, sales revenues, operating expenses for the Leases evaluated for determination of the Borrowing Base Amount, and production taxes, in form and content reasonably acceptable to the Lender, (g) as soon as available and in any event by September 30th of each year, an internally prepared engineering report covering oil and gas properties owned by the Borrower and included or to be included in the Borrowing Base Amount, and dated as of no earlier than the preceding June 30, in form and content reasonably satisfactory to the Lender, and (i) internally prepared unaudited monthly financial statements of Borrower consisting of a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion DateSection 12.14, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (f) such other financial information or other information concerning the Borrower and/or Guarantor as the Lender may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. Borrower shall The Guarantor and/or the Borrower, as the case may be will furnish or cause to be furnished to Lenderthe Administrative Agent: (a) as soon as available and in any event within ninety one hundred twenty (90120) days following the close of each fiscal yearyear of the Guarantor, audited annual consolidated financial statements of the Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true and correct by independent certified public accountants of recognized standing acceptable to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures);Administrative Agent, (cb) as soon as available and in any event within forty-five (45) days following the close of each fiscal calendar quarter, internally prepared unaudited quarterly interim consolidated financial statements of Guarantor (together with a Compliance Certificate) the Guarantor, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Guarantor's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied applied, (subject c) upon each submission of the financial statements required by (a) and (b) above, a compliance certificate signed by the chief financial officer of the Borrower in the form attached hereto as Exhibit A, certifying that he has reviewed this Agreement and to non-material audit adjustments the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and the absence extent thereof, that all financial covenants in this Agreement have been met, and providing a computation of full footnote disclosures);all financial covenants contained herein, and details of any waivers, amendments, or modifications of any covenant contained in this Agreement, and said certificate shall include a schedule of all Hedging Agreements, (d) upon Majority Banks' request, a monthly aging of the Guarantor's consolidated accounts receivable and accounts payable, in such form and containing such representations and warranties regarding the accounts as the Majority Banks may reasonably require, (e) as soon as available and in any event within forty-thirty (30) days after filing, a copy of Guarantor's and Borrower's tax returns, (f) by February 28th of each year, a third party engineering report (at Borrower's expense) dated as of the preceding December 31 covering the Mortgaged Properties, all material oil and gas properties owned by the Borrower, if any, and all material oil and gas properties owned by the Guarantor, if any, in form and substance satisfactory to the Administrative Agent, (g) as soon as available and in any event within forty five (45) days following after the close end of each month, the following reports and data: reports of production (iattributable to the Mortgaged Properties, all other material oil and gas properties owned by the Borrower, if any, and all material oil and gas properties owned by Guarantor, if any), commodity prices, sales revenues, operating expenses for the Leases, production taxes, and capital spending reports, (h) as soon as available and in any event by August 31st of each year, an internally prepared unaudited monthly financial statements of Borrower consisting of a balance sheet as at engineering report covering the end of such month Mortgaged Properties, all material oil and statement of income and statement of cash flow for such month, certified as true and correct gas properties owned by the chief financial officer Borrower, if any, and all other material oil and gas properties owned by the Guarantor, if any, and dated as of Borrower as having been prepared no earlier than the preceding June 30, in accordance with GAAP consistently applied (subject form and content satisfactory to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion DateAdministrative Agent, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (fi) such other financial information or other information concerning the Borrower and/or and the Guarantor as Lender the Administrative Agent and/or the Majority Banks may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. The Borrower shall will furnish or cause to be furnished to Lenderthe Agent: (a) as soon as available and in any event within ninety (90) days following the close of each fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true by independent certified public accountants of recognized national standing or otherwise acceptable to the Required Lenders (such acceptance not to be unreasonably withheld), whose certification shall be unqualified and correct by in scope and substance satisfactory to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)Required Lenders; (cb) as soon as available and in any event within forty-five sixty (4560) days following the close of each fiscal quarterquarter of the Borrower, internally prepared interim unaudited quarterly consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)applied; (dc) as soon as available and in any event within forty-five (45) days following upon each submission of the close of each month, (i) internally prepared unaudited monthly financial statements of Borrower consisting of required by (a) and (b) above, a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct compliance certificate signed by the chief financial officer of the Borrower substantially in the form attached hereto as having Exhibit A (a “Compliance Certificate”), certifying that he has reviewed this Agreement and to the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and extent thereof, that all financial covenants in this Agreement have been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments met, and the absence providing a computation of full footnote disclosures) and (ii) through the Completion Date, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Programall financial covenants contained herein; and (fd) such other financial information or other information concerning the Borrower and/or any Guarantor as Lender the Agent and/or the Lenders may reasonably request from time to time. (e) In addition, the Borrower may deliver information required to be delivered pursuant to Sections 12.1 (a) and (b) by posting any such information to the Borrower’s internet website (as of the Agreement date, xxx.xxxxxxxx.xxx). Any such information provided in such manner shall only be deemed to have been delivered to the Agent or a Lender (i) on the date on which the Agent or such Lender, as applicable, receives notice from the Borrower that such information has been posted to the Borrower’s internet website and (ii) only if such information is publicly available without charge on such website. If for any reason, the Agent or a Lender either did not receive such notice or after reasonable efforts was unable to access such website, then the Agent or such Lender, as applicable, shall not be deemed to have received such information. In addition to any manner permitted by Section 12.1, the Borrower may notify the Agent or a Lender that information has been posted to such a website by causing an e-mail notification to be sent to an e-mail address specified from time to time by the Agent or such Lender, as applicable. (f) Notwithstanding anything in this Section to the contrary (i) the Borrower shall deliver paper copies of information required pursuant to Section 12.1(a) and (b) to the Agent or any Lender that requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given to the Borrower by the Agent or such Lender and (ii) in every instance the Borrower shall be required to provide to the Agent a paper original of the Compliance Certificate required by Section 12.1(c).

Financial Statements; Other Reporting Requirements. Borrower shall If requested by the Majority Holders (and only if and only for so long as such statements and reports are requested by the Majority Holders) the Company will furnish or cause to be furnished to Lender:the Collateral Agent (and or its attorneys or any Holder as specified by the Majority Holders (but in any event not more than three (3) Holders)): (a) as soon as available and in any event within ninety one hundred twenty (90120) days following the close of each fiscal yearyear of the Company, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Company consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year income, and statement of income and statement statements of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified by independent certified public accountants of recognized standing acceptable to the Majority Holders (such acceptance not to be unreasonably withheld), (b) within forty-five (45) days following the close of each calendar quarter, interim consolidated financial statements of the Company, consisting of a balance sheet as of the end of such quarter and statements of income and cash flow, certified as true and correct by the Company's chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures);applied, (c) upon each submission of the financial statements required by (a) and (b) above, a compliance certificate signed by the chief financial officer of the Company in the form attached hereto as Exhibit B, certifying that he has reviewed this Agreement and to the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and extent thereof, that all financial covenants in this Agreement have been met, and providing a computation of all financial covenants contained herein, and details of any waivers, amendments, or modifications of any covenant contained in this Agreement, and said certificate shall include a schedule of all Hedging Agreements, (d) within thirty-five (35) days after the end of each month, the unaudited consolidated balance sheets of the Company and its Subsidiaries as at the end of such month and the related consolidated statements of income and stockholders' equity and cash flows for such month and in each case for the period from the beginning of the then current fiscal year to the end of such month, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year, all in reasonable detail and certified by the chief financial officer of the Company that they fairly present in all material respects the financial condition of the Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, (e) as soon as available and in any event within thirty (30) days after filing, a copy of the Company's federal tax returns, (f) by March 31st of each year, a third party engineering report (at Company's expense) dated as of the preceding December 31 covering Oil and Gas Properties included or to be included in the Borrowing Base, in form and substance reasonably satisfactory to the Collateral Agent, prepared by independent petroleum engineers chosen by Company and reasonably acceptable to the Collateral Agent, (g) as soon as available and in any event within forty-five (45) days following the close of each fiscal quarter, internally prepared unaudited quarterly financial statements of Guarantor (together with a Compliance Certificate) consisting of a balance sheet as at after the end of such fiscal quarter and statement of income and statement of cash flow for such fiscal each quarter, setting forth the following reports and data: reports of production (attributable to Oil and Gas Properties included or to be included in each case in comparative form the corresponding figures Borrowing Base under the Senior Credit Agreement), commodity prices, sales revenues, operating expenses for the preceding fiscal quarterLeases evaluated for determination of the Borrowing Base, certified as true and correct by production taxes, in form and content reasonably acceptable to the chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures);Majority Holders, (dh) as soon as available and in any event within forty-five (45) days following the close by September 30th of each monthyear, an internally prepared engineering report covering Oil and Gas Properties included or to be included in the Borrowing Base and dated as of no earlier than the preceding June 30, in form and content reasonably satisfactory to the Majority Holders, (i) internally prepared unaudited monthly financial statements as soon as delivered, copies of Borrower consisting any engineering report covering the Oil and Gas Properties of a balance sheet as at any Restricted Person delivered to the end Senior Agent or the Banks pursuant to the Senior Credit Agreement, and upon any Holder's request and within 10 days of such month and statement request, copies of income and statement of cash flow for such monthany financial or other report or notice delivered to the Senior Agent or the Banks pursuant to the Senior Credit Agreement not otherwise delivered to the Holders pursuant to this Section 6.1, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion Date, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (fj) subject to Section 6.13, such other financial information or other information concerning Borrower the Company as the Collateral Agent and/or Guarantor as Lender the Holders may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. Borrower shall The Guarantor and/or the Borrower, as the case may be will furnish or cause to be furnished to Lenderthe Bank: (a) as soon as available and in any event within ninety one hundred twenty (90120) days following the close of each fiscal yearyear of the Guarantor, audited annual consolidated financial statements of the Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true and correct by independent certified public accountants of recognized standing acceptable to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures);Bank, (cb) as soon as available and in any event within forty-five (45) days following the close of each fiscal calendar quarter, internally prepared unaudited quarterly interim consolidated financial statements of Guarantor (together with a Compliance Certificate) the Guarantor, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Guarantor's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied applied, (subject c) upon each submission of the financial statements required by (a) and (b) above, a compliance certificate signed by the chief financial officer of the Borrower in the form attached hereto as Exhibit A, certifying that he has reviewed this Agreement and to non-material audit adjustments the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and the absence extent thereof, that all financial covenants in this Agreement have been met, and providing a computation of full footnote disclosures);all financial covenants contained herein, and details of any waivers, amendments, or modifications of any covenant contained in this Agreement, and said certificate shall include a schedule of all Hedging Agreements, (d) upon Bank's request, a monthly aging of each the Borrower's accounts receivable and accounts payable, in such form and containing such representations and warranties regarding the accounts as the Bank may reasonably require, (e) as soon as available and in any event within forty-thirty (30) days after filing, a copy of Guarantor's and each Borrower's tax returns, (f) by February 28th of each year, a third party engineering report (at Borrower's expense) dated as of the preceding December 31 covering the Mortgaged Properties, in form and substance satisfactory to the Bank, (g) as soon as available and in any event within forty five (45) days following after the close end of each month, the following reports and data: reports of production (iattributable to the Mortgaged Properties), commodity prices, sales revenues, operating expenses for the Leases, production taxes, and capital spending reports, (h) as soon as available and in any event by August 31st of each year, an internally prepared unaudited monthly financial statements engineering report covering the Mortgaged Properties and dated as of Borrower consisting of a balance sheet as at no earlier than the end of such month preceding June 30, in form and statement of income and statement of cash flow for such monthcontent satisfactory to Bank, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion Date, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (fi) such other financial information or other information concerning the Borrower and/or and the Guarantor as Lender the Bank may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. The Borrower shall will furnish or cause to be furnished to Lenderthe Agent: (a) as soon as available and in any event within ninety seventy-five (9075) days following the close of each fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true by independent certified public accountants of recognized national standing or otherwise acceptable to the Required Lenders (such acceptance not to be unreasonably withheld), whose certification shall be unqualified and correct by in scope and substance satisfactory to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)Required Lenders; (cb) as soon as available and in any event within forty-five forty (4540) days following the close of each fiscal quarterquarter of the Borrower, internally prepared interim unaudited quarterly consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)applied; (dc) as soon as available and in any event within forty-five (45) days following upon each submission of the close of each month, (i) internally prepared unaudited monthly financial statements of Borrower consisting of required by (a) and (b) above, a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct compliance certificate signed by the chief financial officer of the Borrower substantially in the form attached hereto as having Exhibit A (a "Compliance Certificate"), certifying that he has reviewed this Agreement and to the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and extent thereof, that all financial covenants in this Agreement have been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments met, and the absence providing a computation of full footnote disclosures) and (ii) through the Completion Date, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Programall financial covenants contained herein; and (fd) such other financial information or other information concerning the Borrower and/or any Guarantor as Lender the Agent and/or the Lenders may reasonably request from time to time. (e) In addition, the Borrower may deliver information required to be delivered pursuant to Sections 12.1 (a) and (b) by posting any such information to the Borrower's internet website (as of the Agreement date, wxx.xxxxxxxx.xxx). Any such information provided in such manner shall only be deemed to have been delivered to the Agent or a Lender (i) on the date on which the Agent or such Lender, as applicable, receives notice from the Borrower that such information has been posted to the Borrower's internet website and (ii) only if such information is publicly available without charge on such website. If for any reason, the Agent or a Lender either did not receive such notice or after reasonable efforts was unable to access such website, then the Agent or such Lender, as applicable, shall not be deemed to have received such information. In addition to any manner permitted by Section 12.1, the Borrower may notify the Agent or a Lender that information has been posted to such a website by causing an e-mail notification to be sent to an e-mail address specified from time to time by the Agent or such Lender, as applicable. (f) Notwithstanding anything in this Section to the contrary (i) the Borrower shall deliver paper copies of information required pursuant to Section 12.1(a) and (b) to the Agent or any Lender that requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given to the Borrower by the Agent or such Lender and (ii) in every instance the Borrower shall be required to provide to the Agent a paper original of the Compliance Certificate required by Section 12.1(c).

Financial Statements; Other Reporting Requirements. The Borrower shall will furnish or cause to be furnished to Lenderthe Agent: (a) as soon as available and in any event within ninety (90) days following the close of each the fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true by independent certified public accountants of recognized national standing or otherwise acceptable to the Required Lenders (such acceptance not to be unreasonably withheld), whose certification shall be unqualified and correct by in scope and substance satisfactory to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)Required Lenders; (cb) as soon as available and in any event within forty-five sixty (4560) days following the close of each fiscal quarterquarter of the Borrower, internally prepared interim unaudited quarterly consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower’s chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)applied; (dc) as soon as available and in any event within forty-five (45) days following upon each submission of the close of each month, (i) internally prepared unaudited monthly financial statements of Borrower consisting of required by (a) and (b) above, a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct compliance certificate signed by the chief financial officer of the Borrower substantially in the form attached hereto as having Exhibit A (a “Compliance Certificate”), certifying that he has reviewed this Agreement and to the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and extent thereof, that all financial covenants in this Agreement have been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments met, and the absence providing a computation of full footnote disclosures) and (ii) through the Completion Date, monthly and cumulative Project cost summariesall financial covenants contained herein; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (fd) such other financial information or other information concerning the Borrower and/or any Guarantor as Lender the Agent and/or the Lenders may reasonably request from time to time; (e) in addition, the Borrower may deliver information required to be delivered pursuant to Sections 12.1 (a) and (b) by posting any such information to the Borrower’s internet website (as of the Agreement date, xxx.xxxxxxxx.xxx). Any such information provided in such manner shall only be deemed to have been delivered to the Agent or a Lender (i) on the date on which the Agent or such Lender, as applicable, receives notice from the Borrower that such information has been posted to the Borrower’s internet website and (ii) only if such information is publicly available without charge on such website. If for any reason, the Agent or a Lender either did not receive such notice or after reasonable efforts was unable to access such website, then the Agent or such Lender, as applicable, shall not be deemed to have received such information. In addition to any manner permitted by Section 12.1, the Borrower may notify the Agent or a Lender that information has been posted to such a website by causing an e-mail notification to be sent to an e-mail address specified from time to time by the Agent or such Lender, as applicable; and (f) notwithstanding anything in this Section to the contrary (i) the Borrower shall deliver paper copies of information required pursuant to Sections 12.1(a) and (b) to the Agent or any Lender that requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given to the Borrower by the Agent or such Lender and (ii) in every instance the Borrower shall be required to provide to the Agent a paper original of the Compliance Certificate required by Section 12.1(c).

Financial Statements; Other Reporting Requirements. The Borrower shall will furnish or cause to be furnished to the Lender: (a) as soon as available and in any event within ninety one hundred twenty (90120) days following the close of each fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true and correct by Ernst & Young or such other independent certified public accountants of recognized standing acceptable to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied Lender (subject such acceptance not to non-material audit adjustments and the absence of full footnote disclosuresbe unreasonably withheld);, (cb) as soon as available and in any event within forty-five (45) days following the close of each fiscal calendar quarter, internally prepared unaudited quarterly interim consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied applied, (subject c) upon each submission of the financial statements required by (a) and (b) above, a compliance certificate signed by the chief financial officer of the Borrower in the form attached hereto as Exhibit A, certifying that he has reviewed this Agreement and to non-material audit adjustments the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and the absence extent thereof, that all financial covenants in this Agreement have been met, and providing a computation of full footnote disclosures);all financial covenants contained herein, and details of any waivers, amendments, or modifications of any covenant contained in this Agreement, and said certificate shall include a schedule of all Hedging Agreements, (d) as soon as available and in any event within forty-thirty (30) days after filing, a copy of the Borrower's federal tax returns, (e) by March 31st of each year, a third party engineering report (at Borrower's expense) dated as of the preceding December 31 covering oil and gas properties owned by the Borrower and included or to be included in the Borrowing Base Amount, in form and substance reasonably satisfactory to the Lender, (f) as soon as available and in any event within forty five (45) days following after the close end of each monthquarter, the following reports and data: reports of production (attributable to oil and gas properties owned by the Borrower and included or to be included in the Facility A Borrowing Base Amount), commodity prices, sales revenues, operating expenses for the Leases evaluated for determination of the Facility A Borrowing Base Amount, and production taxes, in form and content reasonably acceptable to the Lender, (g) as soon as available and in any event by September 30th of each year, an internally prepared engineering report covering oil and gas properties owned by the Borrower and included or to be included in the Facility A Borrowing Base Amount, and dated as of no earlier than the preceding June 30, in form and content reasonably satisfactory to the Lender, and (i) internally prepared unaudited monthly financial statements of Borrower consisting of a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion DateSection 12.14, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (f) such other financial information or other information concerning the Borrower and/or Guarantor as the Lender may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. The Borrower shall will furnish or cause to be furnished to Lenderthe Agent: (a) as soon as available and in any event within ninety eighty (9080) days following the close of each fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true by independent certified public accountants of recognized national standing or otherwise acceptable to the Required Lenders (such acceptance not to be unreasonably withheld), whose certification shall be unqualified and correct by in scope and substance satisfactory to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)Required Lenders; (cb) as soon as available and in any event within forty-five (45) days following the close of each fiscal quarterquarter of the Borrower, internally prepared interim unaudited quarterly consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures)applied; (dc) as soon as available and in any event within forty-five (45) days following upon each submission of the close of each month, (i) internally prepared unaudited monthly financial statements of Borrower consisting of required by (a) and (b) above, a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct compliance certificate signed by the chief financial officer of the Borrower substantially in the form attached hereto as having Exhibit A (a "Compliance Certificate"), certifying that he has reviewed this Agreement and to the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and extent thereof, that all financial covenants in this Agreement have been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments met, and the absence providing a computation of full footnote disclosures) and (ii) through the Completion Date, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Programall financial covenants contained herein; and (fd) such other financial information or other information concerning the Borrower and/or any Guarantor as Lender the Agent and/or the Lenders may reasonably request from time to time. (e) In addition, the Borrower may deliver information required to be delivered pursuant to Sections 12.1 (a) and (b) by posting any such information to the Borrower's internet website (as of the Agreement date, www.lhcgroup.com). Any such information provided in such manner xxxxx xxxx be deemed to have been delivered to the Agent or a Lender (i) on the date on which the Agent or such Lender, as applicable, receives notice from the Borrower that such information has been posted to the Borrower's internet website and (ii) only if such information is publicly available without charge on such website. If for any reason, the Agent or a Lender either did not receive such notice or after reasonable efforts was unable to access such website, then the Agent or such Lender, as applicable, shall not be deemed to have received such information. In addition to any manner permitted by Section 12.1, the Borrower may notify the Agent or a Lender that information has been posted to such a website by causing an e-mail notification to be sent to an e-mail address specified from time to time by the Agent or such Lender, as applicable. (f) Notwithstanding anything in this Section to the contrary (i) the Borrower shall deliver paper copies of information required pursuant to Section 12.1(a) and (b) to the Agent or any Lender that requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given to the Borrower by the Agent or such Lender and (ii) in every instance the Borrower shall be required to provide to the Agent a paper original of the Compliance Certificate required by Section 12.1(c).

Financial Statements; Other Reporting Requirements. The Borrower shall will furnish or cause to be furnished to Lenderthe Agent: (a) as soon as available and in any event within ninety one hundred twenty (90120) days following the close of each fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true and correct by independent certified public accountants of recognized standing acceptable to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied Required Lenders (subject such acceptance not to non-material audit adjustments and the absence of full footnote disclosuresbe unreasonably withheld);, (cb) as soon as available and in any event within forty-five (45) days following the close of each fiscal calendar quarter, internally prepared unaudited quarterly interim consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower's chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied applied, (subject c) upon each submission of the financial statements required by (a) and (b) above, a compliance certificate signed by the chief financial officer of the Borrower in the form attached hereto as Exhibit A, certifying that he has reviewed this Agreement and to non-material audit adjustments the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and the absence extent thereof, that all financial covenants in this Agreement have been met, and providing a computation of full footnote disclosures);all financial covenants contained herein, and details of any waivers, amendments, or modifications of any covenant contained in this Agreement, and said certificate shall include a schedule of all Hedging Agreements, (d) as soon as available and in any event within thirty (30) days after filing, a copy of the Borrower's federal tax returns, (e) by March 31st of each year, a third party engineering report (at Borrower's expense) dated as of the preceding December 31 covering oil and gas properties included or to be included in any Borrowing Base Amount, in form and substance reasonably satisfactory to the Agent, (f) as soon as available and in any event within forty-five (45) days following after the close end of each monthquarter, the following reports and data: reports of production (attributable to oil and gas properties included or to be included in any Borrowing Base Amount), commodity prices, sales revenues, operating expenses for the Leases evaluated for determination of the Facility A Borrowing Base Amount, and production taxes, in form and content reasonably acceptable to the Required Lenders, (g) as soon as available and in any event by September 30th of each year, an internally prepared engineering report covering oil and gas properties included or to be included in any Borrowing Base Amount, and dated as of no earlier than the preceding June 30, in form and content reasonably satisfactory to the Required Lenders, and (i) internally prepared unaudited monthly financial statements of Borrower consisting of a balance sheet as at the end of such month and statement of income and statement of cash flow for such month, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion DateSection 12.14, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (f) such other financial information or other information concerning the Borrower as the Agent and/or Guarantor as Lender the Lenders may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. Borrower shall will furnish or cause to be furnished to Lender: (a) as soon as available and in any event within ninety (90) days following the close of each fiscal yearyear of Borrower, its audited annual financial statements of Guarantor (together with a Compliance Certificate)statements, which have been prepared by a certified public accountant satisfactory to Lenderincluding any and all footnotes thereto, consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, prepared and certified as true and correct by the chief financial officer of Borrower an independent certified public accounting firm acceptable to Lender as having been prepared in accordance with GAAP consistently applied applied; (subject to nonb) as soon as available and, in any event, within forty-material audit adjustments five (45) days following the close of each of the first three fiscal quarters and ninety (90) days following the absence close of full footnote disclosures)each fiscal year, interim financial statements of Borrower, consisting of a balance sheet as of the end of such quarter and statements of income and cash flow, certified as true and correct by Borrower’s chief financial officer as having been prepared in accordance with GAAP consistently applied, together with lease operating data, , including, among other data required by Lender, production volumes, sales revenue, unit commodity prices, capital spending and lease operating expenses broken down for each month within such quarter; (c) within forty-five (45) days following the close of each of the first three fiscal quarters and ninety (90) days following the close of each fiscal year, a compliance certificate signed by Borrower’s chief financial officer in the form attached hereto as Exhibit B, certifying that he has reviewed this Agreement and to the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and extent thereof, that all financial covenants in this Agreement have been met, and providing a computation of all financial covenants contained herein, and details of any waivers, amendments, or modifications of any covenant contained in this Agreement; (d) by March 1 of each year, a third party engineering report (at Borrower’s expense) dated as of the immediately preceding December 31, and by September 1 of each year, an internally prepared engineering report (at Borrower’s expense) dated as of the immediately preceding June 30, covering oil and gas properties included or to be included in any Borrowing Base Amount, in form and substance reasonably satisfactory to Lender, provided that Borrower shall, during 2013 only, also deliver, on or before November 1, 2013, an internally prepared engineering report covering such matters and dated as of September 30, 2013; (e) within thirty (30) days following the close of each calendar quarter, an internally prepared report dated as of the last day of each such calendar quarter providing information on any After-Acquired Property acquired since the most recent of (i) the date hereof or (ii) the date of the last such report, including, without limitation, the legal description of the After-Acquired Property and Borrower’s net revenue interest and working interest therein; (f) as soon as available and in any event within forty-five (45) days following the close of each fiscal calendar quarter, internally prepared unaudited quarterly financial statements a report of Guarantor (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal quarter and statement of income and statement of cash flow for such fiscal quarterBorrower’s current commodity hedge portfolio, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarter, certified as true and correct by the chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied (subject including all current xxxx to non-material audit adjustments and the absence of full footnote disclosures)market value; (dg) as soon as available and in any event within forty-five (45) days following the close of each month, (i) internally prepared unaudited monthly financial statements of Borrower consisting of a balance sheet as at after the end of such month and statement of income and statement of cash flow for such month, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied (subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion Dateeach calendar quarter, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment production data and any other data which may be required under for all significant xxxxx located on the New Markets Tax Credit ProgramMortgaged Properties; and (fh) such other financial information or other information concerning Borrower and/or any Guarantor as Lender may reasonably request from time to time.

Financial Statements; Other Reporting Requirements. The Borrower shall furnish or cause to be furnished to the Administrative Agent who will deliver to each Lender: (a) as soon as available and in any event within ninety (90) 120 days following the close of each fiscal yearyear of the Borrower, audited annual consolidated financial statements of Guarantor (together with a Compliance Certificate), which have been prepared by a certified public accountant satisfactory to Lender, the Borrower consisting of a balance sheet as at the end of such fiscal year and statement of income and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year; (b) as soon as available and in any event within ninety (90) days following the close of each fiscal year, internally prepared unaudited annual financial statements of Borrower (together with a Compliance Certificate) consisting of a balance sheet as at the end of such fiscal year and statement of income income, and statement of cash flow for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, certified as true and correct by independent certified public accountants of recognized standing acceptable to the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied Administrative Agent (subject such acceptance not to non-material audit adjustments and the absence of full footnote disclosuresbe unreasonably withheld);, (cb) as soon as available and in any event within forty-five (45) 45 days following the close of each fiscal calendar quarter, internally prepared unaudited quarterly interim consolidated financial statements of Guarantor (together with a Compliance Certificate) the Borrower, consisting of a balance sheet as at of the end of such fiscal quarter and statement statements of income and statement of cash flow for such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the preceding fiscal quarterflow, certified as true and correct by the Borrower’s chief financial officer of Guarantor as having been prepared in accordance with GAAP consistently applied applied, (subject c) upon each submission of the financial statements required by clauses (a) and (b) above, a compliance certificate signed by the chief financial officer of the Borrower in the form of Exhibit G, certifying (i) that he has reviewed this Agreement and to non-material audit adjustments the best of his knowledge no Default or Event of Default has occurred, or if such Default or Event of Default has occurred, specifying the nature and extent thereof and the absence corrective action (if any) taken or proposed to be taken with respect thereto, (ii) that all financial covenants in this Agreement have been met, and providing a computation of full footnote disclosuresall financial covenants contained herein, and (iii) (x) (A) the fair market value of any Proved Reserves Disposed of pursuant to Section 6.02(a) and (B) the fair market value of any Proved Reserves acquired as contemplated by clause (ii)(3) of Section 6.02(a);, in each case during the immediately preceding fiscal quarter, and that all such Proved Reserves acquired during the immediately preceding fiscal quarter were acquired within the time period permitted by such clause (ii)(3) and (y) (A) the fair market value of all assets disposed of pursuant to Section 6.02(b) and (B) the fair market value of all assets acquired as contemplated by clause (ii)(2) of Section 6.02(b), in each case during the immediately preceding fiscal quarter, and that all such assets acquired during the immediately preceding fiscal quarter were acquired within the time period permitted by such clause (ii)(2), and said certificate shall include a Table of Contents schedule of all Hedging Agreements to which the Borrower or any Guarantor is a party, (d) as soon as available and in any event within forty-five 30 days after filing, a copy of the Borrower’s federal tax returns, (45e) days following the close by March 31st of each monthyear, a third party engineering report (iprepared at the Borrower’s expense) from one or more independent petroleum engineering firms of recognized standing reasonably acceptable to the Administrative Agent (which shall be deemed to include the firms issuing the Initial Reserve Reports) dated as of the preceding December 31 covering the proved oil and gas properties owned by the Borrower and the Guarantors (other than immaterial properties excluded consistent with past practice), in form reasonably satisfactory to the Administrative Agent and containing pricing assumptions consistent with the definition of the term “PV-10 Value”, (f) as soon as available and in any event within 45 days after the end of each quarter, the following reports and data: reports of production (attributable to the proved oil and gas properties owned by the Borrower and the Guarantors (other than immaterial properties excluded consistent with past practice)), commodity prices, sales revenues, operating expenses for the Leases, and production taxes, in form reasonably acceptable to the Administrative Agent and containing pricing assumptions consistent with the definition of the term “PV-10 Value”, (g) as soon as available and in any event within 70 days after the end of each of the first three quarters of each year, an internally prepared unaudited monthly financial statements engineering report covering the proved oil and gas properties owned by the Borrower and the Guarantors (other than immaterial properties excluded consistent with past practice), and dated as of Borrower consisting of a balance sheet as at no earlier than 30 days prior to the end of such month quarter, in form reasonably satisfactory to the Administrative Agent and statement containing pricing assumptions consistent with the definition of income the term “PV-10 Value”, (h) promptly after the furnishing thereof, copies of any financial statement, report or notice of default or material event furnished to or by any Person pursuant to the terms of any preferred stock designation, indenture, loan or credit or other similar agreement (including the Revolving Credit Agreement and statement all documents relating thereto), other than this Agreement, and not otherwise required to be furnished to the Administrative Agent pursuant to any other provision of cash flow for such month, certified as true and correct by the chief financial officer of Borrower as having been prepared in accordance with GAAP consistently applied this Section 5.01, (i) subject to non-material audit adjustments and the absence of full footnote disclosures) and (ii) through the Completion DateSection 5.11, monthly and cumulative Project cost summaries; (e) semi-annual FTE employment data and any other data which may be required under the New Markets Tax Credit Program; and (f) such other financial information or other information concerning the Borrower as the Administrative Agent and/or Guarantor as Lender the Lenders may reasonably request from time to time, and (j) promptly after the request by any Lender, all documentation and other information that such Lender reasonably requests in order to comply with its Table of Contents ongoing obligations under applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot Act.