Guarantor Financial Reporting. Borrower shall deliver or cause to be delivered to Lender:
(a) As soon as practicable, and in any event within forty-five (45) days after the end of the each fiscal quarter commencing with the fiscal quarter ending September 30, 2010, quarterly financial statements of Guarantor, in such form as may be approved by Lender from time to time, which financial statements shall include a balance sheet, a statement of operations and a statement of cash flow, certified as accurate on behalf of Guarantor by an officer of Guarantor acceptable to Lender;
(b) On or before December 31st of each year during the term of the Loan, a budget for Guarantor showing projected cash flows for the immediately following twelve-month period and on or before July 31st of each year during the term of the Loan, a re-forecast of projected cash flows for the current calendar year; and
(c) If audited financial information is prepared for Guarantor, copies of such audited financial information within thirty (30) days of its final preparation. Except as otherwise agreed to by Lender, all such financial information shall be prepared in accordance with GAAP consistently applied.
Guarantor Financial Reporting. Notwithstanding anything to the contrary in the Repurchase Agreement, including, but not limited to, Article 11(i), Article 16, Exhibit III-B, and Exhibit III-C thereof, Seller’s obligations to provide financial reporting with respect to Guarantor shall be superseded by, and shall instead be performed in accordance with, the reporting requirements set forth on Exhibit A of this Amendment.
Guarantor Financial Reporting. Such information regarding the business affairs, operations and financial condition of the Guarantors as any Lender may reasonably require, including:
Guarantor Financial Reporting. Notwithstanding anything to the contrary in the Repurchase Agreement, including, but not limited to, the definition of “Financial Covenant Compliance Certificate”, Section 3(f)(iii), Section 12(g), Section 16 and Exhibit VI thereof, Seller’s obligations to provide financial reporting with respect to Guarantor shall be superseded by, and shall instead be performed in accordance with, the reporting requirements set forth on Exhibit A of this Amendment.
Guarantor Financial Reporting. For so long as any Indebtedness remains outstanding, Guarantor shall, unless Bank otherwise consents in writing, furnish to Bank the following:
Guarantor Financial Reporting. Within forty five (45) days after the end of each fiscal quarter and within one hundred twenty (120) days after the end of each fiscal year of Guarantor, Guarantor shall deliver to Landlord (i) complete consolidated financial statements, including a balance sheet, profit and loss statement, statement of stockholders’ equity and statement of cash flows and all other related schedules for the fiscal period then ended, such statements to detail separately interest expense, income taxes, non-cash expenses, non-recurring expenses, operating lease expense and current portion of long-term debt – capital leases. All such financial statements shall be prepared in accordance with GAAP, and shall be certified to be accurate and complete by an officer or director of Guarantor. The financial statements delivered to Landlord need not be audited, but Guarantor shall deliver to Landlord copies of any audited financial statements of Guarantor which may be prepared, as soon as they are available. Within thirty (30) days after the end of each fiscal year of Guarantor, and upon prior written request by Landlord, Guarantor shall deliver such compliance certificate to Landlord as Landlord may reasonably require in order to establish that Guarantor is in compliance with all of its obligations, duties and covenants under this Lease.
Guarantor Financial Reporting. Section 5.6(b) of the Loan Agreement is hereby deleted in its entirety and replaced with the following:
Guarantor Financial Reporting. Cause each of the Guarantors to deliver to Lender the required information by the reporting date indicated in Item 4 of the Schedule.
Guarantor Financial Reporting. Notwithstanding anything to the contrary in the Repurchase Agreement, including, but not limited to Sections 11(k) and 15 thereof, any obligations of Seller and/or Guarantor to provide financial reporting with respect to Guarantor shall be superseded by, and shall instead be performed in accordance with, the reporting requirements set forth on Exhibit A of this Amendment.
Guarantor Financial Reporting. (a) As soon as available, and in any event within thirty (30) days of filing with the United States Securities and Exchange Commission, Guarantor shall furnish to Lender a copy of (i) Guarantor’s Form 10-K Annual Report, and (ii) each of Guarantor’s Form 10-Q Quarterly Reports, and shall also provide Lender with such other information respecting the condition of Guarantor as Lender may from time to time reasonably request.
(b) As soon as available, and in any event within thirty (30) days after each September 30, Guarantor shall furnish to Lender a copy of Guarantor’s annual enrollment data for all campuses containing such information as Lender shall reasonably require. [Signature Page Follows] 4877-5349-5563
