Common use of Furnish to the Lender Clause in Contracts

Furnish to the Lender. (a) within 120 days after the end of each of the Borrower's fiscal years, beginning with its fiscal year ending December 1, 1998, an audited financial report prepared in accordance with GAAP by Sax, Macy, Xxxxx & Co. or replacement independent certified public accountants satisfactory to the Lender, containing the Borrower's balance sheet as of the end of that year, its related profit and loss, and a statement of shareholder's equity for that year, its statement of cash flows for that year, together, with any management letter prepared by those certified public accountants, and such comments and financial details as are customarily included in reports of like character and the unqualified opinion of the certified public accountants as to the fairness of the statements therein and together with such written assurances as the Lender may reasonably request from the Borrower's independent certified public accountants to confirm the Lender's entitlement to rely upon such audited financial report and accompanying materials; (b) within 45 days after the end of each calendar quarter, beginning with the calendar quarter ended December 31, 1998, a written report summarizing all acquisitions of Investment Positions by the Borrower for the preceding quarter and the results of the Sale or Liquidation of each Investment Position for the preceding quarter; (c) within 5 days after the end of each week, a written report summarizing all Investment Positions that the Borrower acquired or offered to acquire during the preceding week, and the status of all then outstanding offers by the Borrower to acquire Investment Positions, whether such offers were made in the preceding week or earlier; (d) such other information, books, and records the Lender may reasonably request, in such form and at such time and place as the Lender may reasonably request, concerning the Borrower's activities and plans that are prepared by or for the Borrower in the Ordinary Course; and (e) within 120 days after the end of each of the Borrower's fiscal years, an update of the Borrower's estimated value of each Investment Position then owned, taking into account all relevant realized events that occurred during the preceding year.

Furnish to the Lender. (a) within 120 days after the end of each of the Borrower's fiscal years, beginning with its fiscal year ending December 1, 1998, an audited financial report prepared in accordance with GAAP by Sax, Macy, Xxxxx Fxxxx & Co. or replacement independent certified public accountants satisfactory to the Lender, containing the Borrower's balance sheet as of the end of that year, its related profit and loss, and a statement of shareholder's equity for that year, its statement of cash flows for that year, together, with any management letter prepared by those certified public accountants, and such comments and financial details as are customarily included in reports of like character and the unqualified opinion of the certified public accountants as to the fairness of the statements therein and together with such written assurances as the Lender may reasonably request from the Borrower's independent certified public accountants to confirm the Lender's entitlement to rely upon such audited financial report and accompanying materials; (b) within 45 days after the end of each calendar quarter, beginning with the calendar quarter ended December 31, 1998, a written report summarizing all acquisitions of Investment Positions by the Borrower for the preceding quarter and the results of the Sale or Liquidation of each Investment Position for the preceding quarter; (c) within 5 days after the end of each week, a written report summarizing all Investment Positions that the Borrower acquired or offered to acquire during the preceding week, and the status of all then outstanding offers by the Borrower to acquire Investment Positions, whether such offers were made in the preceding week or earlier; (d) such other information, books, and records the Lender may reasonably request, in such form and at such time and place as the Lender may reasonably request, concerning the Borrower's activities and plans that are prepared by or for the Borrower in the Ordinary Course; and (e) within 120 days after the end of each of the Borrower's fiscal years, an update of the Borrower's estimated value of each Investment Position then owned, taking into account all relevant realized events that occurred during the preceding year.

Furnish to the Lender. (a) within 120 days after the end of each of the Borrower's fiscal years, beginning with its fiscal year ending December 1, 1998, an audited financial report prepared in accordance with GAAP by Sax, Macy, Xxxxx Fromm & Co. or replacement independent certified public xxxlic accountants satisfactory to the Lender, containing the Borrower's balance sheet as of the end of that year, its related profit and loss, and a statement of shareholder's equity for that year, its statement of cash flows for that year, together, with any management letter prepared by those certified public accountants, and such comments and financial details as are customarily included in reports of like character and the unqualified opinion of the certified public accountants as to the fairness of the statements therein and together with such written assurances as the Lender may reasonably request from the Borrower's independent certified public accountants to confirm the Lender's entitlement to rely upon such audited financial report and accompanying materials; (b) within 45 days after the end of each calendar quarter, beginning with the calendar quarter ended December 31, 1998, a written report summarizing all acquisitions of Investment Positions by the Borrower for the preceding quarter and the results of the Sale or Liquidation of each Investment Position for the preceding quarter; (c) within 5 days after the end of each week, a written report summarizing all Investment Positions that the Borrower acquired or offered to acquire during the preceding week, and the status of all then outstanding offers by the Borrower to acquire Investment Positions, whether such offers were made in the preceding week or earlier; (d) such other information, books, and records the Lender may reasonably request, in such form and at such time and place as the Lender may reasonably request, concerning the Borrower's activities and plans that are prepared by or for the Borrower in the Ordinary Course; and (e) within 120 days after the end of each of the Borrower's fiscal years, an update of the Borrower's estimated value of each Investment Position then owned, taking into account all relevant realized events that occurred during the preceding year.

Furnish to the Lender. (ai) as soon as practicable and in any event within 120 45 days after the end close of each of the first three quarters of each of the Borrower's fiscal years, beginning with its balance sheets (or statements of condition) of the Borrower as of the end of such quarter, and statements of income and stockholders' equity for such quarter and for the period commencing at the end of the previous fiscal year and ending December 1with the end of such quarter, 1998setting forth in comparative form in the cases of balance sheets (or statements of condition) of the Borrower as of the end of such quarter and the related statements of income and stockholders' equity, the corresponding figures for the corresponding periods of the preceding fiscal year, all in reasonable detail and certified by an audited financial report authorized officer of the Borrower as having been prepared in accordance with GAAP generally accepted accounting principles in the United States consistent with those applied in the preparation of the financial statements referred to in Section 4(g); (ii) as soon as practicable and in any event within 90 days after the close of each of the Borrower's and Bank's fiscal years, (A) a copy of the annual, consolidated, audit report of the Borrower and Bank prepared by Sax, Macy, Xxxxx & Co. or replacement independent certified public accountants reasonably satisfactory to the Lender, containing including therein financial statements consisting of consolidated balance sheets (or statements of condition) of the Borrower's balance sheet Borrower and Bank as of the end of that such fiscal year, its related profit and lossconsolidated statements of income, changes in financial position and a statement stockholders' equity of shareholder's equity the Borrower and Bank for that such fiscal year, its statement (B) consolidating balance sheets (or statements of cash flows for that year, together, with any management letter prepared by those certified public accountants, and such comments and financial details as are customarily included in reports of like character and the unqualified opinion condition) of the certified public accountants Borrower and Bank as to the fairness of the statements therein and together with such written assurances as the Lender may reasonably request from the Borrower's independent certified public accountants to confirm the Lender's entitlement to rely upon such audited financial report and accompanying materials; (b) within 45 days after the end of each calendar quartersuch fiscal year and consolidating statements of income, beginning with the calendar quarter ended December 31, 1998, a written report summarizing all acquisitions changes in financial position and stockholder's equity of Investment Positions by the Borrower and Bank for the preceding quarter such fiscal year, all in reasonable detail and the results certified by an authorized officer of the Sale or Liquidation of each Investment Position for the preceding quarter; (c) within 5 days after the end of each week, a written report summarizing all Investment Positions that the Borrower acquired or offered to acquire during the preceding week, and the status of all then outstanding offers by the Borrower to acquire Investment Positions, whether such offers were made as having been prepared in accordance with generally accepted accounting principles in the preceding week or earlier; (d) such other information, books, and records the Lender may reasonably request, in such form and at such time and place as the Lender may reasonably request, concerning the Borrower's activities and plans that are prepared by or for the Borrower United States consistent with those applied in the Ordinary Coursepreparation of the financial statements referred to in Section 4(g); and (eiii) as soon as practicable and in any event within 120 days after the end close of each of the Borrower's fiscal years, an update a complete copy of the Borrower's estimated value of each Investment Position then owned, taking into account all relevant realized events that occurred during the preceding yearconsolidated tax return.

Furnish to the Lender. (a) within 120 Within one hundred twenty (120) days of the end of each fiscal year, balance sheets and statements of income and surplus, together with supporting schedules, audited by independent certified public accountants selected by the Borrower and acceptable to the Lender, showing the financial condition of the Borrower at the close of such fiscal year, the results of operations during such year and containing a statement to the effect that such accountants have examined the provisions of the Agreement and that, based on information which has been provided by the Borrower to such accountants, none of the events of default, as specified in Article VI hereof, nor any event which upon notice or lapse of time or both would constitute such an event of default, has occurred. Such statements shall be accompanied by a qualified, going concern opinion of such accountants stating that such statements have been prepared in accordance with GAAP and disclose all contingent liabilities of Borrower. (b) Within sixty (60) days after the end of each quarter, balance sheets and statements of income and surplus, together with supporting schedules, together with agings reports of accounts receivable and accounts payable, prepared by the Borrower's fiscal years, beginning with its fiscal year ending December 1, 1998, an audited financial report prepared Borrower in accordance with GAAP and certified by Saxits chief financial officer, Macy, Xxxxx & Co. or replacement independent certified public accountants satisfactory such balance sheets to be as of the close of such quarter and such statements of income and surplus to be for the period from the beginning of the then current fiscal year to the Lenderend of such quarter, containing in each case subject to year-end adjustments. (c) Concurrently with the Borrower's balance sheet delivery of all financial statements required by Section 4.04 (a) and (b), a certificate in the form attached hereto as Exhibit B by the President or chief financial officer of the Borrower calculating the financial covenants and certifying as to the fact that he has examined the provisions of this Agreement and that none of the Events of Default, as specified in Article VI hereof, nor any event which upon notice or lapse of time, or both, would constitute such an Event of Default, has occurred and is continuing. (d) Within thirty (30) days of the end of that each fiscal year, its related profit and loss, and an annual forecasted financial statement (prepared on a statement of shareholder's equity for that year, its statement of cash flows for that year, together, with any management letter month-by-month basis) prepared by those certified public accountants, and such comments and financial details as are customarily included in reports of like character and the unqualified opinion of the certified public accountants as to the fairness of the statements therein and together with such written assurances as the Lender may reasonably request from the Borrower's independent certified public accountants to confirm the Lender's entitlement to rely upon such audited financial report and accompanying materials; (b) within 45 days after the end of each calendar quarter, beginning with the calendar quarter ended December 31, 1998, a written report summarizing all acquisitions of Investment Positions by the Borrower for and satisfactory to the preceding quarter Lender in form and the results of the Sale or Liquidation of each Investment Position for the preceding quarter;substance. (ce) within 5 days after the end of each weekPromptly, a written report summarizing all Investment Positions that the Borrower acquired or offered from time to acquire during the preceding week, and the status of all then outstanding offers by the Borrower to acquire Investment Positions, whether such offers were made in the preceding week or earlier; (d) time such other informationinformation regarding its operations, booksassets, business, affairs and records the Lender may reasonably requestfinancial condition, in such form and at such time and place as the Lender may reasonably request, concerning the Borrower's activities and plans that are prepared by or for the Borrower in the Ordinary Course; and (e) within 120 days after the end of each of the Borrower's fiscal years, an update of the Borrower's estimated value of each Investment Position then owned, taking into account all relevant realized events that occurred during the preceding year.