Information Rights and Related Covenants. (a) Within 75 days after the closing of a purchase of shares of Common Stock pursuant to the terms of the Stock Purchase Agreement, the Company shall provide to each SBIC a certificate of its chief financial officer (i) verifying (and describing in reasonable detail) the use of the proceeds of such SBIC's financing and (ii) certifying compliance by the Company with the provisions of this Agreement and any purchase or subscription agreement to which such SBIC is a party. In addition to any other rights granted hereunder, the Company shall provide each SBIC, any Affiliate of such SBIC and the SBA access to its books and records for the purpose of verifying the use of the proceeds of such Person's financing and for all other purposes required by the SBA.
(b) Promptly after the end of each fiscal year (but in any event prior to February 28 of each year), the Company shall provide to each SBIC a written assessment, in form and substance satisfactory to such SBIC, of the economic impact of such SBIC's financing hereunder, specifying the full-time equivalent jobs created or retained, the impact of the financing on the Company's business in terms of expanded revenue and taxes and other appropriate economic benefits, including, but not limited to, technology development or commercialization, minority business development, urban or rural business development, expansion of exports and assistance to manufacturing firms.
(c) Upon the request of an SBIC or any Affiliates of an SBIC, the Company will (i) provide to such Person such financial statements and other information as such Person may from time to time request for the purpose of assessing the Company's financial condition and (ii) furnish to such Person all information requested by it in order for it to prepare and file SBA Form 468 and any other information requested or required by any governmental agency asserting jurisdiction over such Person.
(d) For a period of one year following the date hereof, neither the Company nor any of its subsidiaries will change its business activity if such change would render the Company ineligible to receive financial assistance from a Small Business Investment Company under the Small Business Investment Act and the regulations thereunder. If the Company breaches this covenant, then, in addition to all other remedies available to each SBIC, such SBIC may demand that the Company immediately repurchase all securities acquired by such SBIC at the purchase price paid therefor.
(e) T...
Information Rights and Related Covenants. 40 12.4 Remedies.................................................. 40
Information Rights and Related Covenants. (a) Promptly after the end of each fiscal year (but in any event prior to February 28 of each year), the Company shall provide to CIT/VC a written assessment, in form and substance satisfactory to CIT/VC, of the economic impact of CIT/VC's financing under the Series B Stock Purchase Agreement, specifying the full-time equivalent jobs created or retained, the impact of the financing on the consolidated revenues and profits of the Business and on taxes paid by the Business and its employees (See 13 C.F.R. 107.630(e)).
(b) Upon the request of CIT/VC (or any Affiliate of CIT/VC to whom CIT/VC has Transferred any Securities of the Company), the Company will (A) provide to such Person such financial statements and other information as such Person may from time to time reasonably request for the purpose of assessing the Company's financial condition and (B) furnish to such Person all information reasonably requested by it in order for it to prepare and file SBA Form 468 and any other information reasonably requested or required by the SBA or any successor entity thereto.
(c) The Company will at all times comply with the non-discrimination requirements of 13 C.F.R., Parts 112, 113 and 117.
Information Rights and Related Covenants. (i) Borrower shall provide to PCOF or any of its Affiliates and the SBA at such times as PCOF or the SBA may request access to its books and records for the purpose of confirming the use of the proceeds of such financing and for all other purposes required by the SBA.
(ii) Borrower shall provide to PCOF or any of its Affiliates such financial and other information as PCOF or any of its Affiliates may from time to time reasonably request to enable it to comply with the provisions of 13 C.F.R. Section 107.620(b)(1), and such information shall be certified by such Borrower’s President, Chief Executive Officer, Treasurer or Chief Financial Officer as required by 13 C.F.R. Section 107.620(b)(2).
(iii) Prior to the Closing, Borrower shall provide to PCOF or any of its Affiliates and the SBA a certificate of its Chief Financial Officer (1) certifying the use of such proceeds and (2) certifying compliance by such Borrower with the provisions of this letter (provided that such certificate may be truthfully given).
(iv) Within 45 days after the end of each fiscal year of Borrower, Borrower shall provide to PCOF or any of its Affiliates a written assessment, in form and substance reasonably satisfactory to PCOF, of the economic impact of PCOF's financing hereunder, specifying the full-time equivalent jobs created or retained, the impact of the financing on the consolidated revenues and profits of the Business and on taxes paid by the Business and its employees (See 13 CFR § 107.630(e)).
(v) Upon the request of PCOF or any of its Affiliates, Borrower will (A) provide to such Person such financial statements and other information as such Person may from time to time reasonably request for the purpose of assessing such Borrower's financial condition and (B) furnish to such Person all information reasonably requested by it in order for it to prepare and file SBA Form 468 and any other information reasonably requested or required by any governmental agency asserting jurisdiction over such Person.
(vi) For a period of one year following the date hereof, neither Borrower nor any of its Subsidiaries will change its business activity if such change would render Borrower ineligible to receive financial assistance from an SBIC under the SBIA and the regulations thereunder (within the meanings of 13 CFR §§ 107.720 and 107.760(b)).
(vii) Borrower shall at all times comply with the non-discrimination requirements of 13 CFR Parts 112, 113 and 117.
Information Rights and Related Covenants a) Promptly after the end of each fiscal year (but in any event prior to February 28 of each year), the Company shall provide to Investor a written assessment, in form and substance reasonably satisfactory to Investor, of the economic impact of Investor's financing hereunder, specifying the full-time equivalent jobs created or retained, the impact of the financing on the consolidated revenues and profits of the Business and on taxes paid by the Business and its employees (See 13 CFR Section 107.630(e)).
b) Upon the request of Investor or any of their Affiliates, the Company will (A) provide to such Person such financial statements and other information as such Person may from time to time reasonably request for the purpose of assessing the Company's financial condition and (B) furnish to such Person all information reasonably requested by it in order for it to prepare and file SBA Form 468 and any other information reasonably requested or required by any governmental agency asserting jurisdiction over such Person.
c) For a period of one year following the date hereof, neither the Company nor any of its Subsidiaries will change its business activity if such change would render the Company ineligible to receive financial assistance from an SBIC under the SBIA and the regulations thereunder (within the meanings of 13 CFR Sections 107.720 and 107.760(b)).
d) The Company will at all times comply with the non-discrimination requirements of 13 C.F.R., Parts 112, 113 and 117.
Information Rights and Related Covenants. (i) The Company hereby agrees to provide to the Investor and the SBA access to its books and records for all purposes required by the SBA.
(ii) The Company hereby agrees to provide to the Investor and the SBA a certificate of its chief financial officer certifying compliance by the Company with the provisions of this Agreement (provided that such certificate may be truthfully given).
(iii) Promptly after the end of each fiscal year (but in any event prior to February 28 of each year), the Company shall provide to the Investor a written assessment, in form and substance reasonably satisfactory to the Investor, of the economic impact of the financing hereunder, specifying the full-time equivalent jobs created or retained, the impact of the financing on the consolidated revenues and profits of the Business and on taxes paid by the Business and its employees (See 13 CFR ss. 107.630(e)).
(iv) Upon the request of the Investor or any of its Affiliates, the Company will (A) provide to such Person such financial statements and other information as such Person may from time to time reasonably request for the purpose of assessing the Company's financial condition and (B) furnish to such Person all information reasonably requested by it in order for it to prepare and file SBA Form 468 and any other information reasonably requested or required by any governmental agency asserting jurisdiction over such Person.
(v) For a period of one year following the date hereof, neither the Company nor any of its Subsidiaries will change its business activity if such change would render the Company ineligible to receive financial assistance from an SBICs under the SBIA and the regulations thereunder (within the meanings of 13 CFR xx.xx. 107.720 and 107.760(b)).
(vi) The Company will at all times comply with the non-discrimination requirements of 13 C.F.R., Parts 112, 113 and 117.
(vii) The Company will notify the Investor from time to time when the number of its shareholders increases to or above or decreases below 50.
Information Rights and Related Covenants. (i) Promptly after the end of each fiscal year (but in any event prior to February 28 of each year), the Company shall provide to Investor a written assessment, in form and substance reasonably satisfactory to Investor, of the economic impact of Investor's financing hereunder, specifying the full-time equivalent jobs created or retained, the impact of the financing on the consolidated revenues and profits of the Business and on taxes paid by the Business and its employees (See 13 CFR Section 107.630(e)).
(ii) Upon the request of Investor or any of their Affiliates, the Company will (A) provide to such Person such financial statements and other information as such Person may from time to time reasonably request for the purpose of assessing the Company's financial condition and (B) furnish to such Person all information reasonably requested by it in order for it to prepare and file SBA Form 468 and any other information reasonably requested or required by any governmental agency asserting jurisdiction over such Person.
(iii) For a period of one year following the date hereof, neither the Company nor any of its Subsidiaries will change its business activity if such change would render the Company ineligible to receive financial assistance from an SBIC under the SBIA and the regulations thereunder (within the meanings of 13 CFR Sections 107.720 and 107.760(b)).
(iv) The Company will at all times comply with the non-discrimination requirements of 13 C.F.R., Parts 112, 113 and 117.
Information Rights and Related Covenants. The Company hereby covenants and agrees to take the following actions:
(i) Provide to the Investor and the SBA reasonable access to its books and records for the purpose of confirming the use of the proceeds of such financing and for all other purposes reasonably required by the SBA.
(ii) Provide to the Investor and the SBA a certificate of its chief financial officer (1) verifying the use of such proceeds and (2) to his knowledge certifying compliance by the Company with the provisions of this Agreement (provided that such certificate may be truthfully given).
(iii) Promptly after the end of each fiscal year (but in any event prior to March 31 of each year), the Company shall provide to Investors a written assessment, in form and substance reasonably satisfactory to Investors, of the economic impact of Investors' financing hereunder, specifying the full-time equivalent jobs created or retained, the impact of the financing on the consolidated revenues and profits of the Business and on taxes paid by the Business and its employees (See 13 CFR Section 107.630(e)).
(iv) Upon the request of the Investor or its Affiliates, the Company will (A) provide to such Person such financial statements and other information as such Person may from time to time reasonably request for the purpose of assessing the Company's financial condition and (B) furnish to such Person all information reasonably requested by it in order for it to prepare and file SBA Form 468 and any other information reasonably requested or required by any governmental agency asserting jurisdiction over such Person.
(v) For a period of one year following the date hereof, neither the Company nor any of its Subsidiaries will change its business activity if such change would render the Company ineligible to receive financial assistance from an SBIC under the SBIA and the regulations thereunder (within the meanings of the 13 CFR Sections 107.720 and 107.760(b)).
(vi) The Company will at all times comply with the non-discrimination requirements of 13 C.F.R., Parts 112, 113 and 117.
Information Rights and Related Covenants. (i) Promptly after the end of each fiscal year (but in any event prior to February 28 of each year), the Company shall provide to the Investors a written assessment, in form and substance satisfactory to the Investors, of the economic impact of the Investors' financing hereunder, specifying the full-time equivalent jobs created or retained, the impact of the financing on the Company's business in terms of expanded revenue and taxes and other appropriate economic benefits, including but not limited to technology development or commercialization, minority business development, urban or rural business development, expansion of exports and assistance to manufacturing firms.
(ii) Upon the request of any Investor, any Affiliate of an Investor or any transferee of an Investor holding at least 5% of the outstanding Common Stock on a fully-diluted basis, the Company shall (i) provide such financial statements and other information as such Person may from time to time request for the purpose of assessing the Entity's financial condition and (ii) furnish to such Person all information requested by it in order for it to prepare and file SBA Form 468 and any other information requested or required by any governmental agency asserting jurisdiction over such Person.
(iii) For a period of one year following the date hereof, neither the Company nor any of the Subsidiaries will change its business activity if such change would render such Entity ineligible to receive financial assistance from a Small Business Investment Company under the Small Business Investment Act and the regulations thereunder. If an Entity breaches this covenant, then, in addition to all other remedies available to the Investors, the Investors may demand that the Entities immediately repurchase all securities acquired by the Investors at their original cost plus accrued dividends or interest.
(iv) The Entities shall at all times comply with the non-discrimination requirements of 13 C.F.R., Parts 112, 113 and 117.
Information Rights and Related Covenants. (i) Provide to the Investors and the SBA reasonable access to its books and records for the purpose of confirming the use of the proceeds of such financing and for all other purposes reasonably required by the SBA.
(ii) Provide to the Investors and the SBA a certificate of its chief financial officer (1) verifying the use of such proceeds and (2) to his knowledge
