Common use of Maintain Records Clause in Contracts

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered public accounting firm which is reasonably satisfactory to the Agent and instruct such accountants to discuss with the Agent the Borrower’s financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information), as may be requested by the Agent. (e) Not change the Borrower’s Fiscal year.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hastings Entertainment Inc), Loan and Security Agreement (Hastings Entertainment Inc)

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Maintain Records. The Borrower shall:: ---------------- (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sunbelt Nursery Group Inc), Loan and Security Agreement (National Home Centers Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 2 contracts

Samples: Loan and Security Agreement (White House Inc/Md), Loan and Security Agreement (Harvey Electronics Inc)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s Borrowers' financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the Consolidated financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the Consolidated financial condition of the Borrower Borrowers at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent and instruct such accountants to discuss with fully cooperate with, and be available to, the Agent to discuss the Borrower’s Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the Agent. (e) Not change the any Borrower’s Fiscal 's fiscal year.

Appears in 2 contracts

Samples: Loan and Security Agreement (Drugmax Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial Borrowers' transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and its their results of operations for, the periods in question. (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and the their results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is reasonably satisfactory to the Agent accountants of nationally recognized standing and instruct such accountants to discuss with fully cooperate with, and be available to, the Agent and each Lender to discuss the Borrower’s Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentAgent or that Lender. (e) Not change the Borrower’s their respective Fiscal yearYear or taxpayer identification number.

Appears in 1 contract

Samples: Loan and Security Agreement (Sports Authority Inc /De/)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial Borrowers' transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (b) Timely provide the Administrative Agent with those financial reports, statements, and schedules required by this Article 5 6: or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Administrative Agent and instruct such accountants to fully cooperate with, and be available to, the Administrative Agent to discuss with the Agent the Borrower’s Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the Administrative Agent. Unless an Event of Default has occurred (in which event the following limit shall not be applicable), the Administrative Agent shall not exercise its rights under this Section 6:6-1(d) more than three times in a 12 month period. (e) Not change the Borrower’s Fiscal Borrowers' fiscal year. (f) Not change the Borrowers' taxpayer identification number or state of incorporation other than in consequence of a merger permitted by Section 5:5-19(d).

Appears in 1 contract

Samples: Loan and Security Agreement (Baker J Inc)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial Borrowers’ transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s Borrowers’ financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. The Lender acknowledges that Ernst & Young, LLP, are acceptable independent certified public accountants. (e) Not change the Borrower’s Fiscal Borrowers’ fiscal year. (f) Not change taxpayer identification number of the Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Iparty Corp)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial transactions's transactions after the date of the consummation of the Acquisition, all in accordance with GAAP GAAP, applied consistently with all prior periods arising after the consummation of the Acquisition, to fairly reflect reflect, in all material respects respects, the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (The Agent hereby acknowledges that the records maintained prior to the Acquisition may not have been maintained by the Seller in accordance with GAAP). (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP (but for the absence of footnotes and year end adjustments), applied consistently with all prior periods arising after the consummation of the Acquisition, to fairly reflect reflect, in all material respects respects, the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate (in all material respects) and current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent and instruct such accountants to discuss with fully cooperate with, and be available to, the Agent and each Lender to discuss the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentAgent or that Lender. (e) Not change the Borrower’s Fiscal year's fiscal year for book accounting purposes.

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof, consistent with Borrower's historical practices. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Loan and Security Agreement (Great Train Store Co)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Loan and Security Agreement (Big Entertainment Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s 's financial transactions, all in accordance with GAAP applied consistently consistent with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluefly Inc)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial Borrowers' transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 V or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate in accordance with its current stock, cost, methods of accounting for the Collateral (which methods shall not be materially altered) or as otherwise required to prepare the monthly and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereofquarterly reports required hereunder. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent and instruct such accountants to discuss with fully cooperate with, and be available to, the Agent to discuss the Borrower’s Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the Agent. Agent acknowledges that KPMG LLP is e satisfactory. (e) Not change their respective fiscal years, tax identification numbers, or state of incorporation or organization without reasonable prior written notice to and the Borrower’s Fiscal yearwritten consent of the Administrative Agent, and which consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Loan and Security Agreement (Duckwall Alco Stores Inc)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial Borrowers' transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (b) Timely provide the Administrative Agent with those financial reports, statements, and schedules required by this Article 5 6 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Administrative Agent and instruct such accountants to fully cooperate with, and be available to, the Administrative Agent to discuss with the Agent the Borrower’s Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the Administrative Agent. (e) Not change the Borrower’s Fiscal Borrowers' fiscal year. (f) Not change the Borrowers' taxpayer identification number.

Appears in 1 contract

Samples: Loan and Security Agreement (Homeplace of America Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. The Borrower’s present accountants (Ernst & Young LLP) are presently satisfactory to the Lender. (e) Not change the Borrower’s Fiscal fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Garden Botanika Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep substantially accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Revolving Credit Agreement (Right Start Inc /Ca)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Administrative Agent with those financial reports, statements, and schedules required by this Article 5 6 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Administrative Agent and instruct such accountants to fully cooperate with, and be available to, the Administrative Agent and each Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentAdministrative Agent or that Lender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Baker J Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s 's financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 4 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Gadzooks Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent and instruct such accountants to discuss with fully cooperate with, and be available to, the Agent to discuss the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the Agent. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Loan and Security Agreement (Designs Inc)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s Borrowers’ financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower Borrowers at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s Borrowers’ financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the any Borrower’s Fiscal fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Dreams Inc)

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Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 5: or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. The Borrower's present accountants (Stone Carlie and Company, of St. Louis, Missouri) are presently satxxxxxxxxx xx the Lender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

Maintain Records. The Borrower shall:: ---------------- (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, ; and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunbelt Nursery Group Inc)

Maintain Records. The Borrower Borrowers shall: (ai) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s Borrowers' financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the Consolidated financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (bii) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 6 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the Consolidated financial condition of the Borrower Borrowers at the close of, and the results of operations for, the period(s) covered therein. (ciii) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (div) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (ev) Not change the any Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan Agreement (Natural Wonders Inc)

Maintain Records. The Borrower shall:: ---------------- (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Number Nine Visual Technology Corp)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an Xxxxxx Xxxxxxxx or such other independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent and instruct such accountants to discuss with fully cooperate with, and be available to, the Agent and each Lender to discuss the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentAgent or that Lender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number, without prior notice to the Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (CSS Trade Names Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and 50 describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Sun Television & Appliances Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP (to the extent applicable) applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Paper Warehouse Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. The Lender acknowledges that Xxxxxx Xxxxxxxx & Co., CPA's, are acceptable independent certified public accountants. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Loan and Security Agreement (Iparty Corp)

Maintain Records. The Borrower Borrowers shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made in all material respects of all of the Borrower’s Borrowers' financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the Consolidated financial condition of the Borrower Borrowers at the close of, and its results of operations for, the periods in question. (b) Timely provide the Administrative Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the Consolidated financial condition of the Borrower Borrowers at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Administrative Agent and instruct such accountants to fully cooperate with, and be available to, the Administrative Agent to discuss with the Agent the Borrower’s Borrowers' financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the Administrative Agent. (e) Not change any Borrower's fiscal year without furnishing the Borrower’s Fiscal yearAdministrative Agent with at least ninety (90) days prior written notice thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Officemax Inc /Oh/)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s 's financial transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent and Lender and, after written notice from the Lender, instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal year's fiscal year without providing the Lender with at least Sixty (60) days prior written notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Golf Galaxy, Inc.)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent with those financial reports, statements, and schedules required by this Article 5 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent and instruct such accountants to discuss with fully cooperate with, and be available to, the Agent and each Lender to discuss the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentAgent or that Lender. (e) Not change the Borrower’s Fiscal 's fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Roberds Inc)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate accurate: entries shall be made of all of the Borrower’s financial 's transactions, all in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 9 or otherwise, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the its results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s 's financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be requested raised by the AgentLender. (e) Not change the Borrower’s Fiscal 's fiscal year. (f) Not change the Borrower's taxpayer identification number.

Appears in 1 contract

Samples: Loan Agreement (Crown Books Corp)

Maintain Records. The Borrower shall: (a) At all times, keep proper books of account, in which full, true, and accurate entries shall be made of all of the Borrower’s financial transactions, all in accordance with GAAP applied consistently consistent with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and its results of operations for, the periods in question. (b) Timely provide the Agent Lender with those financial reports, statements, and schedules required by this Article 5 or otherwiseotherwise in this Agreement, each of which reports, statements and schedules shall be prepared, to the extent applicable, in accordance with GAAP applied consistently with prior periods to fairly reflect in all material respects the financial condition of the Borrower at the close of, and the results of operations for, the period(s) covered therein. (c) At all times, keep accurate current records of the Collateral including, without limitation, accurate current stock, cost, and sales records of its Inventory, accurately and sufficiently itemizing and describing the kinds, types, and quantities of Inventory and the cost and selling prices thereof. (d) At all times, retain an independent registered certified public accounting firm which is accountants who are reasonably satisfactory to the Agent Lender and instruct such accountants to fully cooperate with, and be available to, the Lender to discuss with the Agent the Borrower’s financial performance, financial condition, operating results, controls, and such other matters, within the scope of the retention of such accountants (and subject to work product and accountant/client privileged information)accountants, as may be reasonably requested by the AgentLender. (e) Not change the Borrower’s Fiscal year.

Appears in 1 contract

Samples: Loan and Security Agreement (Redenvelope Inc)

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