Common use of Monthly Clause in Contracts

Monthly. As soon as practicable, and in any event within thirty (30) days after the end of each Fiscal Month (including each Fiscal Month occurring during Rail's final Fiscal Quarter of each Fiscal Year): (i) consolidated statements of income, retained earnings and cash flow of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Month and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements in which the actual consolidated cash flow and income of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, in each case in the same format as the audited statement of income and the audited balance sheet; (a) copies of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, and (b) a comparison of actual capital expenditures for such Borrower and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Month; (iv) calculations setting forth the compliance with the financial covenants set forth in Subsection 8.13 for the most recently completed Fiscal Month; and (v) in the event that any of the foregoing statements indicate that any Borrower has varied in any material respect from any financial projections provided pursuant hereto, a statement of explanation of such deviation from an Authorized Officer of such Borrower. In addition, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in a Fiscal Quarter, such Borrower shall furnish comparisons (1) in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detail.

Monthly. As soon as practicable, and in any event within thirty (30) days (such period shall be forty-five (45) days in the case of the first two fiscal months of each Fiscal Year or last month of each Fiscal Quarter) after the end of each Fiscal Month fiscal month (including each Fiscal Month fiscal month occurring during Rail's final Fiscal Quarter the 90-day delivery period applicable to the delivery of each Fiscal Yearannual financial statements of Borrower and its Subsidiaries furnished to Lenders pursuant to Subsection 7.1(B) hereof): (i) consolidated statements of income, retained earnings income and cash flow of such each of Borrower and of its Subsidiaries (including separate statements of income by division of Borrower, including without limitation separate statements of Borrower's QuikWater Division), and consolidated statements of income and cash flow of Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such fiscal month, for such Fiscal Month Quarter (in the case of each month which is the last month in a Fiscal Quarter) and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Month fiscal month and a balance sheets of Borrower and its Subsidiaries, and consolidated balance sheet sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Monthfiscal month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E 7.1-1 attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements financial information in the "blue book" which the actual consolidated cash flow Borrower customarily prepares regarding its monthly financial performance and income of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, in each case in the same format as the audited statement of income and the audited balance sheet; (a) copies of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, and (b) a comparison of actual capital expenditures for such Borrower and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Monthdata; (iviii) together with the financial statements required to be delivered pursuant to this Subsection 7.1(A) as of the end of each Fiscal Quarter and for the Fiscal Year to date period then ending, a Compliance Certificate in the form of annexed Exhibit 7.1-2 setting forth calculations setting forth the compliance with the financial covenants set forth in Subsection 8.13 hereof and Borrower's Excess Cash Flow for the most recently completed Fiscal Monthfiscal quarter; (iv) if a Default has occurred and is continuing, a written statement of Borrower's management setting forth a discussion of Borrower's financial condition, changes in financial condition and results of operations; and (v) in the event that any of the foregoing statements indicate that Borrower or any Borrower Subsidiary has varied in any material respect from any financial projections provided pursuant heretoby Borrower to Lenders, a statement of explanation of such deviation from an Authorized Officer of such Borrower. In addition, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in a Fiscal Quarter, such Borrower shall furnish comparisons (1) in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detail.Officer;

Monthly. Not later than the 8th Business Day of each calendar month (other than the calendar months in which a Payment Date occurs) and commencing in July 2019, the Issuer shall compile and make available (or cause to be compiled and made available) to the Rating Agency, the Collateral Trustee, the Collateral Manager, the Placement Agent, the Co-Placement Agent and each other Holder shown on the applicable Register and any beneficial owner of a Secured Debt or Subordinated Securities who has delivered a Beneficial Ownership Certificate to the Collateral Trustee a monthly report on a settlement date basis (except as otherwise expressly provided in this Indenture) (each such report a “Monthly Report”). As soon as practicableused herein, the “Monthly Report Determination Date” with respect to any calendar month will be the last day of the calendar month preceding the month in which the Monthly Report is made available. The Monthly Report for a calendar month shall contain the following information with respect to the Collateral Obligations and Eligible Investments included in the Assets, and in any event within thirty (30) days after shall be determined as of the end close of each Fiscal Month (including each Fiscal Month occurring during Rail's final Fiscal Quarter of each Fiscal Year):business on the Monthly Report Determination Date for such calendar month: (i) consolidated statements Aggregate Principal Balance of incomeCollateral Obligations, retained earnings and cash flow of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the beginning aggregate unfunded commitments of the then current Fiscal Year to Collateral Obligations, any capitalized interest on the end of such Fiscal Month Collateral Obligations and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E attached hereto, subject to changes resulting from normal year-end adjustments;Eligible Investments representing Principal Proceeds. (ii) statements in which Adjusted Collateral Principal Amount of Collateral Obligations. (iii) Collateral Principal Amount of Collateral Obligations. (iv) A list of Collateral Obligations, including, with respect to each such Collateral Obligation, the actual consolidated cash flow following information: (A) The obligor thereon (including the issuer ticker, if any); (B) The LoanX ID (to the extent available) and income of such Borrower and its Subsidiaries any other security identifier thereof; (C) The Principal Balance thereof (other than Excluded Subsidiariesany accrued interest that was purchased with Principal Proceeds) for and any unfunded commitment pertaining thereto; (D) The percentage of the aggregate Collateral Principal Amount represented by such Fiscal Month Collateral Obligation; (E) (x) The related interest rate or spread (in the case of a LIBOR Floor Obligation, calculated both with and without regard to the applicable specified “floor” rate per annum), (y) if such Collateral Obligation is a LIBOR Floor Obligation, the related LIBOR floor and (z) the identity of any Collateral Obligation that is not a LIBOR Floor Obligation and for which interest is calculated with respect to any index other than LIBOR; (F) The stated maturity thereof; (G) The related S&P Industry Classification; (H) For each Collateral Obligation with an S&P Rating derived from a Xxxxx’x Rating, the period Xxxxx’x Rating, unless such rating is based on a credit estimate unpublished by Xxxxx’x (and, in the event of a downgrade or withdrawal of the applicable Xxxxx’x Rating, the prior rating and the date such Xxxxx’x Rating was changed); (I) The S&P Rating, unless such rating is based on a credit estimate or is a private or confidential rating from S&P; (J) The country of Domicile; (K) An indication as to whether each such Collateral Obligation is (1) a Senior Secured Loan, (2) a Defaulted Obligation, (3) a Delayed Drawdown Collateral Obligation, (4) a Revolving Collateral Obligation, (5) except for the Closing Date Participation Interests, a Participation Interest (indicating the related Selling Institution, if applicable, and its ratings by the Rating Agency), (6) a Permitted Deferrable Obligation, (7) a Fixed Rate Obligation, (8) a Current Pay Obligation, (9) a Discount Obligation, (10) a Discount Obligation purchased in the manner described in clause (y) of the proviso to the definition “Discount Obligation”, (11) a Cov-Lite Loan, (12) a First-Lien Last-Out Loan or (13) a DIP Collateral Obligation. (L) With respect to each Collateral Obligation that is a Discount Obligation purchased in the manner described in clause (y) of the proviso to the definition “Discount Obligation”, (I) the identity of the Collateral Obligation (including whether such Collateral Obligation was classified as a Discount Obligation at the time of its original purchase) the proceeds of whose sale are used to purchase the purchased Collateral Obligation; (II) the purchase price (as a percentage of par) of the purchased Collateral Obligation and the sale price (as a percentage of par) of the Collateral Obligation the proceeds of whose sale are used to purchase the purchased Collateral Obligation; (III) the Aggregate Principal Balance of Collateral Obligations that have been excluded from the start definition of “Discount Obligation” and relevant calculations indicating whether such amount is in compliance with the limitations described in clauses (z)(A) and (z)(B) of the then current Fiscal Year proviso to the end definition of “Discount Obligation.” (M) The Principal Balance of each Cov-Lite Loan and the Aggregate Principal Balance of all Cov-Lite Loans; (N) The S&P Recovery Rate; and (O) The date of the credit estimate of such Fiscal MonthCollateral Obligation, if applicable. (v) If the Monthly Report Determination Date occurs on or after the Effective Date, for each of the limitations and tests specified in the definitions of Concentration Limitations and Collateral Quality Test, (1) the result, (2) if such Monthly Report Determination Date occurs on or prior to the last day of the Reinvestment Period, the related minimum or maximum test level and (3) if such Monthly Report Determination Date occurs on or prior to the last day of the Reinvestment Period, a determination as to whether such result satisfies the related test. (vi) The calculation of each of the following: (A) Each Interest Coverage Ratio (and setting forth the percentage required to satisfy each Interest Coverage Test); and (B) Each Overcollateralization Ratio (and setting forth the percentage required to satisfy each Overcollateralization Ratio Test). (vii) The calculation specified in Section 5.1(e). (viii) For each Account, a schedule showing the beginning balance, each credit or debit specifying the nature, source and amount, and the actual consolidated ending balance. (ix) A schedule showing for each of the following the beginning balance, the amount of Interest Proceeds received from the date of determination of the immediately preceding Monthly Report, and the ending balance sheets of such Borrower for the current Measurement Date: (A) Interest Proceeds from Collateral Obligations; and (B) Interest Proceeds from Eligible Investments. (x) Purchases and its Subsidiaries sales: (A) The identity, Principal Balance (other than Excluded Subsidiaries) at any accrued interest that was purchased with Principal Proceeds), unfunded commitment (if any), capitalized interest (if any), Principal Proceeds and Interest Proceeds received, and date for each Collateral Obligation that was released for sale or disposition pursuant to Section 12.1 since the end last Monthly Report Determination Date and whether such Collateral Obligation was a Credit Risk Obligation or a Credit Improved Obligation, whether the sale of such Fiscal Month (in each case as Collateral Obligation was a discretionary sale; provided that Principal Proceeds shall not be required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared reported in connection with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, an Optional Redemption in each case in the same format as the audited statement of income and the audited balance sheetfull; (aB) copies of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries The identity, Principal Balance (other than Excluded Subsidiariesany accrued interest that was purchased with Principal Proceeds), unfunded commitment (if any), capitalized interest (if any) and cash expended to acquire each Collateral Obligation acquired pursuant to Section 12.2 since the last Monthly Report Determination Date; (C) The identity, Principal Balance (other than any accrued interest that was purchased with Principal Proceeds), unfunded commitment (if any), Principal Proceeds and Interest Proceeds received, and date for internal useeach Collateral Obligation that was substituted pursuant to Section 12.3(a) or purchased pursuant to Section 12.3(b) since the last Monthly Report Determination Date, all as reported to the Collateral Trustee by the Collateral Manager at the time of such purchase or substitution; and (D) On a dedicated page of the Monthly Report, the completion of any Trading Plan and the details of any Trading Plan (including, without limitationthe proposed acquisitions and dispositions identified by the Collateral Manager as part of such Trading Plan). (xi) The identity of each Defaulted Obligation, statements the S&P Collateral Value and Market Value of cash floweach such Defaulted Obligation and date of default thereof. (xii) The identity of each Collateral Obligation with an S&P Rating of “CCC+” or below, purchases and, if the CCC Excess is greater than zero, the Market Value of each such Collateral Obligation. (xiii) The identity of each Deferring Obligation and sales Market Value of inventory each Deferring Obligation, and the date on which interest was last paid in full in Cash thereon. (xiv) The identity of each Current Pay Obligation, the Market Value of each such Current Pay Obligation, and the percentage of the Collateral Principal Amount comprised of Current Pay Obligations. (xv) The identity, rating and maturity of each Eligible Investment. (xvi) The Diversity Score, the S&P Equivalent Diversity Score, the Weighted Average Floating Spread, the Weighted Average Life, the Weighted Average S&P Recovery Rate and the S&P Equivalent Weighted Average Rating Factor. (xvii) The results of the S&P CDO Monitor Test (with a statement as to whether it is passing or failing), including the Class Default Differentials, the Class Break-even Default Rates and the Class Scenario Default Rate for the Highest Ranking Class of Secured Debt, and, after the S&P CDO Monitor Election Date, the Weighted Average Floating Spread that is calculated for purposes of the S&P CDO Monitor Test, the characteristics of the Current Portfolio and the benchmark rating levels used in connection with the related S&P CDO Monitor. (xviii) The number, identity, Bloomberg Loan ID, FIGI, ISIN, Loan/X or CUSIP number, if applicable, of any Collateral Obligations. (xix) The short-term debt rating and long-term debt rating by S&P of the Eligible Institution. (xx) Confirmation that each Account is held at an Eligible Institution (and which Eligible Institution). (xxi) On a dedicated page of the Monthly Report, any amounts in the Ramp-Up Account which the Collateral Manager designated as Interest Proceeds on the Effective Date pursuant to Section 10.3(c). (xxii) On a dedicated page of the Monthly Report, the amount of any contributions received by the Issuer pursuant to Section 10.5 since the previous Monthly Report Determination Date. (xxiii) The identity of each Closing Date Participation Interest;. (xxiv) Such other similar data in each case information as Agent the Rating Agency or the Collateral Manager may reasonably request. Upon receipt of each Monthly Report, the Collateral Trustee shall (a) if the relevant Monthly Report Determination Date occurred on or prior to the last day of the Reinvestment Period, notify the Issuer (who shall notify S&P) if such Monthly Report indicates that the S&P CDO Monitor Test has not been satisfied as of the relevant Measurement Date and (b) a comparison compare the information contained in such Monthly Report to the information contained in its records with respect to the Assets and shall, within three (3) Business Days after receipt of actual capital expenditures for such Borrower Monthly Report, notify the Issuer, the Collateral Administrator, the Rating Agency and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Month; (iv) calculations setting forth the compliance with Collateral Manager if the financial covenants set forth in Subsection 8.13 for the most recently completed Fiscal Month; and (v) information contained in the event that Monthly Report does not conform to the information maintained by the Collateral Trustee with respect to the Assets. If any discrepancy exists, the Collateral Administrator and the Issuer, or the Collateral Manager on behalf of the foregoing statements indicate Issuer, shall attempt to resolve the discrepancy. If such discrepancy cannot be promptly resolved, the Collateral Trustee shall within ten (10) Business Days notify the Collateral Manager who shall, on behalf of the Issuer, request that any Borrower has varied in any material respect from any financial projections provided the Independent accountants appointed by the Issuer pursuant hereto, a statement of explanation to Section 10.9 review such Monthly Report and the Collateral Trustee’s records to determine the cause of such deviation from discrepancy. If such review reveals an Authorized Officer error in the Monthly Report or the Collateral Trustee’s records, the Monthly Report or the Collateral Trustee’s records shall be revised accordingly and, as so revised, shall be utilized in making all calculations pursuant to this Indenture and notice of any error in the Monthly Report shall be sent as soon as practicable by the Issuer to all recipients of such Borrower. In addition, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in report which may be accomplished by making a Fiscal Quarter, notation of such Borrower shall furnish comparisons (1) error in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detailsubsequent Monthly Report.

Monthly. As soon as practicable, and in any event within thirty (30) days (such period shall be forty-five (45) days in the case of the first two fiscal months of each Fiscal Year or last month of each Fiscal Quarter) after the end of each Fiscal Month fiscal month (including each Fiscal Month fiscal month occurring during Rail's final Fiscal Quarter the 90-day delivery period applicable to the delivery of each Fiscal Yearannual financial statements of Borrower and its Subsidiaries furnished to Lenders pursuant to Subsection 7.1(B) hereof): (i) consolidated statements of income, retained earnings income and cash flow of such each of Borrower and of its Subsidiaries (including separate statements of income by division of Borrower), and consolidated statements of income and cash flow of Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such fiscal month, for such Fiscal Month Quarter (in the case of each month which is the last month in a Fiscal Quarter) and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Month fiscal month and a balance sheets of Borrower and its Subsidiaries, and consolidated balance sheet sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Monthfiscal month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E I attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements in which the actual consolidated cash flow and income of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, in each case financial information in the same format as the audited statement of income "blue book" which Borrower customarily prepares regarding its monthly financial performance and the audited balance sheet; (a) copies of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, and (b) a comparison of actual capital expenditures for such Borrower and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Monthdata; (iviii) together with the financial statements required to be delivered pursuant to this Subsection 7.1(A) as of the end of each Fiscal Quarter and for the Fiscal Year to date period then ending, a Compliance Certificate in the form of annexed Exhibit J setting forth calculations setting forth the compliance with the financial covenants set forth in Subsection Subsections 8.6 and 8.13 hereof and Borrower's Excess Cash Flow for the most recently completed Fiscal Monthfiscal quarter; (iv) if a Default has occurred and is continuing, a written statement of Borrower's management setting forth a discussion of Borrower's financial condition, changes in financial condition and results of operations; and (v) in the event that any of the foregoing statements indicate that Borrower or any Borrower Subsidiary has varied in any material respect from any financial projections provided pursuant heretoby Borrower to Lenders, a statement of explanation of such deviation from an Authorized Officer of such Borrower. In addition, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in a Fiscal Quarter, such Borrower shall furnish comparisons (1) in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detail.Officer;

Monthly. Not later than the 10th Business Day after the second Business Day of each calendar month (other than January, April, July and October in each year) and commencing in August 2013, the Issuer shall compile and make available (or cause to be compiled and made available) to each Rating Agency, the Trustee, the Collateral Manager, the Initial Purchaser, each Beneficial Owner and each other Holder shown on the Register a monthly report on a settlement date basis (except as otherwise expressly provided in this Indenture) (each such report a “Monthly Report”). As soon as practicableused herein, the “Monthly Report Determination Date” with respect to any calendar month will be the second Business Day of such calendar month. The Monthly Report for a calendar month shall contain the following information with respect to the Collateral Obligations and Eligible Investments included in the Assets, and in any event within thirty (30) days after shall be determined as of the end of each Fiscal Month (including each Fiscal Month occurring during Rail's final Fiscal Quarter of each Fiscal Year):Monthly Report Determination Date for such calendar month: (i) consolidated statements Aggregate Principal Balance of incomeCollateral Obligations, retained earnings the aggregate unfunded commitments of the Collateral Obligations, any capitalized interest on the Collateral Obligations and cash flow Eligible Investments representing Principal Proceeds. (ii) Adjusted Collateral Principal Amount of Collateral Obligations. (iii) Collateral Principal Amount of Collateral Obligations. (iv) A list of Collateral Obligations, including, with respect to each such Collateral Obligation, the following information: (A) The obligor thereon (including the issuer ticker, if any); (B) The CUSIP or security identifier thereof, if available; (C) The Principal Balance thereof, the outstanding principal balance thereof (in each case, other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)) and any unfunded commitment pertaining thereto; (D) The percentage of the aggregate Collateral Principal Amount represented by such Collateral Obligation; (E) The related interest rate or spread and whether such interest rate or spread was calculated with or without regard to any specified “floor” rate per annum; (F) The stated maturity thereof; (G) The related Moody’s Industry Classification; (H) The related S&P Industry Classification; (I) The Mxxxx’x Rating, unless such rating is based on a credit estimate unpublished by Moody’s (and, in the event of a downgrade or withdrawal of the applicable Mxxxx’x Rating, the prior rating and the date such Mxxxx’x Rating was changed), and the source from which such Mxxxx’x Rating was derived pursuant to Schedule 5; (J) The Moody’s Default Probability Rating; (K) The S&P Rating, unless such rating is based on a credit estimate or is a private or confidential rating from S&P; (L) The country of Domicile; (M) An indication as to whether each such Collateral Obligation is (1) a Senior Secured Loan, (2) a Second Lien Loan, (3) an Unsecured Loan, (4) a Subordinated Loan, (5) a Bond (6) a Defaulted Obligation, (7) a Delayed Drawdown Collateral Obligation, (8) a Revolving Collateral Obligation, (9) a Participation Interest (indicating the related Selling Institution, if applicable, and its ratings by each Rating Agency), (10) a Fixed Rate Obligation, (11) a DIP Collateral Obligation, (12) a Discount Obligation, (13) a Discount Obligation purchased in the manner described in clause (y) of the proviso to the definition “Discount Obligation”, (14) an obligation that pays interest less frequently than quarterly, (15) a Cov-Lite Loan, (16) a First-Lien-Last-Out Loan or (17) a Long Dated Obligation; (N) With respect to each Collateral Obligation that is a Discount Obligation purchased in the manner described in clause (y) of the proviso to the definition “Discount Obligation”, (I) the identity of the Collateral Obligation (including whether such Collateral Obligation was classified as a Discount Obligation at the time of its original purchase) the proceeds of whose sale are used to purchase the purchased Collateral Obligation; (II) the purchase price (as a percentage of par) of the purchased Collateral Obligation and the sale price (as a percentage of par) of the Collateral Obligation the proceeds of whose sale are used to purchase the purchased Collateral Obligation; (III) the Moody’s Default Probability Rating assigned to the purchased Collateral Obligation and the Moody’s Default Probability Rating assigned to the Collateral Obligation the proceeds of whose sale are used to purchase the purchased Collateral Obligation; and (IV) the Aggregate Principal Balance of Collateral Obligations that have been excluded from the definition of “Discount Obligation” and relevant calculations indicating whether such amount is in compliance with the limitations described in clauses (z)(A) and (z)(B) of the proviso to the definition of “Discount Obligation.” (O) The Principal Balance of each Cov-Lite Loan and the Aggregate Principal Balance of all Cov-Lite Loans; (P) The Principal Balance of each Unsecured Loan and the Aggregate Principal Balance of all Unsecured Loans; (Q) The Principal Balance of each Subordinated Loan and the Aggregate Principal Balance of all Subordinated Loans; (R) The Principal Balance of each Bond and the Aggregate Principal Balance of all Bonds; (S) The Mxxxx’x Recovery Rate; (T) The S&P Recovery Rate; (U) The letter date of each credit estimate from the applicable Rating Agency or the date of Moody’s RiskCalc rating of such Borrower Collateral Obligation, in each case, if applicable; and (V) The LIBOR floor for each Collateral Obligation with a LIBOR floor (as applicable). (v) If the Monthly Report Determination Date occurs on or after the Effective Date, for each of the limitations and its Subsidiaries tests specified in the definitions of Concentration Limitations and Collateral Quality Test, (1) the result, (2) the related minimum or maximum test level and (3) a determination as to whether such result satisfies the related test. (vi) The calculation of each of the following: (A) The Interest Coverage Ratio (and setting forth the percentage required to satisfy the Interest Coverage Test); (B) The Overcollateralization Ratio (and setting forth the percentage required to satisfy the Overcollateralization Ratio Test); and (C) The Interest Diversion Test (and setting forth the percentage required to satisfy the Interest Diversion Test). (vii) The calculation specified in Section 5.1(g). (viii) For each Account, a schedule showing the beginning balance, each credit or debit specifying the nature, source and amount, and the ending balance. (ix) A schedule showing for each of the following the beginning balance, the amount of Interest Proceeds received from the date of determination of the immediately preceding Monthly Report, and the ending balance for the current Measurement Date: (A) Interest Proceeds from Collateral Obligations; and (B) Interest Proceeds from Eligible Investments. (x) Purchases, prepayments, and sales: (A) The identity, Principal Balance and outstanding principal balance (in each case other than Excluded Subsidiariesany accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)), unfunded commitment (if any), capitalized interest (if any), Principal Proceeds and Interest Proceeds received, and date for (X) each Collateral Obligation that was released for sale or disposition pursuant to Section 12.1 since the last Monthly Report Determination Date and (Y) for each prepayment or redemption of a Collateral Obligation, and in the case of (X), whether such Fiscal Month Collateral Obligation was a Credit Risk Obligation or a Credit Improved Obligation, whether the sale of such Collateral Obligation was a discretionary sale; (B) The identity, Principal Balance and outstanding principal balance (in each case other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)), unfunded commitment (if any), capitalized interest (if any) and Principal Proceeds and Interest Proceeds expended to acquire each Collateral Obligation acquired pursuant to Section 12.2 since the last Monthly Report Determination Date; and (C) The identity, Principal Balance and outstanding principal balance (in each case other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)), unfunded commitment (if any) Principal Proceeds and Interest Proceeds received, and date for each Collateral Obligation that was substituted pursuant to Section 12.3(a) or repurchased pursuant to Section 12.3(b) (and, in either case, an indication as to whether each such substitution or repurchase was a mandatory substitution or repurchase) since the period last Monthly Report Determination Date, all as reported to the Trustee by the Collateral Manager at the time of such purchase, repurchase or substitution. (xi) The identity of each Defaulted Obligation, the Moody’s Collateral Value and S&P Collateral Value and Market Value of each such Defaulted Obligation and date of default thereof. (xii) The identity of each CCC/Caa Collateral Obligation, the Market Value of each such Collateral Obligation, the Market Value of each such Collateral Obligation and where such Collateral Obligation is included in the CCC/Caa Excess. (xiii) The Excess CCC/Caa Adjustment Amount. (xiv) The Weighted Average Mxxxx’x Rating Factor. (xv) The calculation of the Aggregate Funded Spread and the Weighted Average Floating Spread, in each case, for purposes of running the S&P CDO Monitor. (xvi) The identity and Principal Balance of each Eligible Investment. (xvii) Whether immediately following each Maturity Amendment (A) the Collateral Principal Amount consisting of Long Dated Obligations is 3.0% or less (or, if more than 3.0% of the Collateral Principal Amount consisted of Long Dated Obligations immediately prior to such Maturity Amendment, whether the percentage of the Collateral Principal Amount consisting of Long Dated Obligations immediately following such Maturity Amendment is greater than the percentage of the Collateral Principal Amount consisting of Long Dated Obligations immediately prior to such Maturity Amendment) and (B) the Weighted Average Life Test is satisfied (or if the Weighted Average Life Test was not satisfied immediately prior to such Maturity Amendment, whether the level of compliance with the Weighted Average Life Test is maintained or improved immediately following such Maturity Amendment). (xviii) A statement as to whether or not the Issuer and the Trustee received a confirmation from the beginning of the then current Fiscal Year Initial Subordinated Noteholder as to the end ongoing direct holding of such Fiscal Month and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of retained net economic interest in the end of such Fiscal Month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate transaction in the form of Exhibit E attached hereto, holding a minimum principal amount of Subordinated Notes required by Article 122a and that such retained net economic interest in the Subordinated Notes is not subject to changes resulting from normal year-end adjustments;any credit risk mitigation, any short positions or any other hedge (in each case, to the extent not permitted by Article 122a). (iixix) statements Such other information as any Rating Agency or the Collateral Manager may reasonably request. For each instance in which the actual consolidated cash flow and income of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year Market Value is reported pursuant to the end of foregoing, the Monthly Report shall also indicate the manner in which such Fiscal Month, Market Value was determined and the actual consolidated balance sheets source(s) (if applicable) used in such determination. Upon receipt of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at each Monthly Report, the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) belowTrustee, in each case in if it is not the same format entity as the audited statement of income and the audited balance sheet; Collateral Administrator, shall (a) copies if the relevant Monthly Report Determination Date occurred on or prior to the last day of all operating statements for the Reinvestment Period, notify S&P if such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements Monthly Report indicates that the S&P CDO Monitor Test has not been satisfied as of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, the relevant Measurement Date and (b) a comparison compare the information contained in such Monthly Report to the information contained in its records with respect to the Assets and shall, within three Business Days after receipt of actual capital expenditures for such Borrower Monthly Report, notify the Issuer, the Collateral Administrator, the Rating Agencies and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Month; (iv) calculations setting forth the compliance with Collateral Manager if the financial covenants set forth in Subsection 8.13 for the most recently completed Fiscal Month; and (v) information contained in the event that Monthly Report does not conform to the information maintained by the Trustee with respect to the Assets. If any discrepancy exists, the Trustee and the Issuer, or the Collateral Manager on behalf of the foregoing statements indicate Issuer, shall attempt to resolve the discrepancy. If such discrepancy cannot be promptly resolved, the Trustee shall within ten (10) Business Days notify the Collateral Manager who shall, on behalf of the Issuer, request that any Borrower has varied in any material respect from any financial projections provided the Independent accountants appointed by the Issuer pursuant hereto, a statement of explanation to Section 10.8 review such Monthly Report and the Trustee’s records to determine the cause of such deviation from discrepancy. If such review reveals an Authorized Officer error in the Monthly Report or the Trustee’s records, the Monthly Report or the Trustee’s records shall be revised accordingly and, as so revised, shall be utilized in making all calculations pursuant to this Indenture and notice of any error in the Monthly Report shall be sent as soon as practicable by the Issuer to all recipients of such Borrower. In addition, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in report which may be accomplished by making a Fiscal Quarter, notation of such Borrower shall furnish comparisons (1) error in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detailsubsequent Monthly Report.

Monthly. As At the request of Lender, as soon as practicable, and in any event within thirty twenty (3020) days (provided such period shall be forty-five (45) days for each month ending concurrently with the end of each Fiscal Year) after the end of each Fiscal Month fiscal month (including each Fiscal Month fiscal month occurring during Rail's final Fiscal Quarter the 90-day delivery period applicable to the delivery of each Fiscal Yearannual financial statements furnished to the Lender pursuant to paragraph 3.A(ii) hereof): (ia) consolidated and consolidating statements of income, retained earnings and cash flow of such Borrower the Guarantor and its Subsidiaries, HMG and its Subsidiaries (other than Excluded Subsidiaries) and Allied and its Subsidiaries for such Fiscal Month fiscal month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Month fiscal month and a consolidated and consolidating balance sheet sheets of such Borrower the Guarantor and its Subsidiaries, HMG and its Subsidiaries (other than Excluded Subsidiaries) and Allied and its Subsidiaries as of the end of such fiscal month, setting forth in each case, in comparative form, figures (1) in the case of statements, for the corresponding periods in the preceding Fiscal MonthYear and (2) in the case of balance sheets, as of a date one year earlier, all in reasonable detail and certified as accurate by an Authorized Officer the chief financial officer, chief executive officer or president of such Borrower the Guarantor pursuant to a certificate in the form of Exhibit E C attached hereto, subject to changes resulting from normal year-end adjustments; (iib) consolidated and consolidating statements in which the actual consolidated cash flow and income of such Borrower for Guarantor and its Subsidiaries, HMG and its Subsidiaries (other than Excluded Subsidiaries) and Allied and its Subsidiaries for such Fiscal Month fiscal month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Monthfiscal month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month fiscal month (in each case as required to be delivered pursuant to Subsection 7.1(A)(iparagraph 3.A(i)(a) hereof) are compared with the corresponding consolidated projected statements of income and cash flow and balance sheet sheets for such periods and time furnished to the Lenders Lender pursuant to Subsection 7.1(Cparagraph 3.A(iii) below, in each case in the same format as the audited statement statements of income and cash flow and the audited balance sheetsheets; (aI) copies of all operating statements for such Fiscal Month fiscal month prepared by such Borrower and Allied or any of its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent the Lender may reasonably request, and (bII) a comparison of actual cash flow and capital expenditures for such Borrower Guarantor and its Subsidiaries, HMG and its Subsidiaries (other than Excluded Subsidiaries) and Allied and its Subsidiaries with amounts budgeted for such Fiscal Month; (iv) calculations setting forth the compliance with the financial covenants set forth in Subsection 8.13 for the most recently completed Fiscal Monthfiscal month; and (vd) in the event that any of the foregoing statements indicate that Allied or any Borrower of its Subsidiaries has varied in any material respect from any financial projections provided pursuant heretoto the Lender, a statement of explanation of such deviation from an Authorized Officer of such Borrower. In additionthe chief financial officer, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in a Fiscal Quarter, such Borrower shall furnish comparisons (1) in the case chief executive officer or president of the Guarantor; (notwithstanding the foregoing, consolidated and consolidating statements of income, retained earnings as to Allied and cash flow furnished for such Fiscal Quarter its Subsidiaries (but not HMG or the Guarantor or their respective Subsidiaries) shall only be required to be delivered on a quarterly basis as soon as practicable and for the yearin any event within forty-to-date, with the corresponding periods in the prior Fiscal Year, and five (245) in the case of the consolidated balance sheets as days of the end of each quarter of each Fiscal Year of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detail.Persons);

Monthly. Not later than the 26th calendar day (or, if such day is not a Business Day, on the next succeeding Business Day) of each calendar month (other than January, April, July and October in each year) and commencing in November 2023, the Issuer shall compile and make available (or cause to be compiled and made available) to each Rating Agency, the Trustee, the Collateral Manager, the Initial Purchaser, any Holder shown on the Register of a Note and any beneficial owner of a Note who has delivered a Beneficial Ownership Certificate to the Trustee a monthly report on a settlement date basis (except as otherwise expressly provided in this Indenture) (each such report a "Monthly Report"). As soon as practicableused herein, the "Monthly Report Determination Date" with respect to any calendar month will be the tenth Business Day prior to the 26th calendar day of such calendar month. The Monthly Report for a calendar month shall contain the following information with respect to the Collateral Obligations and Eligible Investments included in the Assets, and in any event within thirty (30) days after shall be determined as of the end of each Fiscal Month (including each Fiscal Month occurring during Rail's final Fiscal Quarter of each Fiscal Year):Monthly Report Determination Date for such calendar month: (i) consolidated statements Aggregate Principal Balance of incomeCollateral Obligations, retained earnings and cash flow the aggregate outstanding principal balance of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for Collateral Obligations, the period from the beginning aggregate unfunded commitments of the then current Fiscal Year to Collateral Obligations, any capitalized interest on the end of such Fiscal Month Collateral Obligations and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E attached hereto, subject to changes resulting from normal year-end adjustments;Eligible Investments representing Principal Proceeds. (ii) statements in which the actual consolidated cash flow and income Adjusted Collateral Principal Amount of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, in each case in the same format as the audited statement of income and the audited balance sheet;Collateral Obligations. (aiii) copies Collateral Principal Amount of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, and (b) a comparison of actual capital expenditures for such Borrower and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Month;Collateral Obligations. (iv) calculations setting forth A list of Collateral Obligations, including, with respect to each such Collateral Obligation, the compliance with the financial covenants set forth in Subsection 8.13 for the most recently completed Fiscal Month; andfollowing information: (vA) The obligor thereon (including the issuer ticker, if any); (B) The CUSIP, LoanX-ID (if any) or security identifier thereof; (C) The Principal Balance thereof, the outstanding principal balance thereof (in the event each case, other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)) and any unfunded commitment pertaining thereto; (D) The percentage of the foregoing statements indicate that any Borrower has varied in any material respect from any financial projections provided pursuant hereto, a statement of explanation of aggregate Collateral Principal Amount represented by such deviation from an Authorized Officer of such Borrower. In addition, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in a Fiscal Quarter, such Borrower shall furnish comparisons (1) in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detail.Collateral Obligation;

Monthly. Not later than the tenth Business Day after the second Business Day of each calendar month (other than February, May, August and November in each year) and commencing in October 2012, the Issuer shall compile and make available (or cause to be compiled and made available) to each Rating Agency, the Trustee, the Collateral Manager, the Initial Purchaser, each Beneficial Owner and each other Holder shown on the Register a monthly report on a settlement date basis (except as otherwise expressly provided in this Indenture) (each such report a “Monthly Report”). As soon as practicableused herein, the “Monthly Report Determination Date” with respect to any calendar month will be the second Business Day of such calendar month. The Monthly Report for a calendar month shall contain the following information with respect to the Collateral Obligations and Eligible Investments included in the Assets, and in any event within thirty (30) days after shall be determined as of the end of each Fiscal Month (including each Fiscal Month occurring during Rail's final Fiscal Quarter of each Fiscal Year):Monthly Report Determination Date for such calendar month: (i) consolidated statements Aggregate Principal Balance of incomeCollateral Obligations, retained earnings and cash flow of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the beginning aggregate unfunded commitments of the then current Fiscal Year to Collateral Obligations, any capitalized interest on the end of such Fiscal Month Collateral Obligations and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E attached hereto, subject to changes resulting from normal year-end adjustments;Eligible Investments representing Principal Proceeds. (ii) statements in which the actual consolidated cash flow and income Adjusted Collateral Principal Amount of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, in each case in the same format as the audited statement of income and the audited balance sheet;Collateral Obligations. (aiii) copies Collateral Principal Amount of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, and (b) a comparison of actual capital expenditures for such Borrower and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Month;Collateral Obligations. (iv) calculations setting forth A list of Collateral Obligations, including, with respect to each such Collateral Obligation, the compliance following information: (A) The obligor thereon (including the issuer ticker, if any); (B) The CUSIP or security identifier thereof, if available; (C) The Principal Balance thereof, the outstanding principal balance thereof (in each case, other than any accrued interest that was purchased with Principal Proceeds (but excluding any capitalized interest)) and any unfunded commitment pertaining thereto; (D) The percentage of the financial covenants set forth aggregate Collateral Principal Amount represented by such Collateral Obligation; (E) The related interest rate or spread and whether such interest rate or spread was calculated with or without regard to any specified “floor” rate per annum; (F) The stated maturity thereof; (G) The related Moody’s Industry Classification; (H) The related S&P Industry Classification; (I) The Xxxxx’x Rating, unless such rating is based on a credit estimate unpublished by Moody’s (and, in Subsection 8.13 for the most recently completed Fiscal Monthevent of a downgrade or withdrawal of the applicable Xxxxx’x Rating, the prior rating and the date such Xxxxx’x Rating was changed), and the source from which such Xxxxx’x Rating was derived pursuant to Schedule 5; (J) The Moody’s Default Probability Rating; (K) The S&P Rating, unless such rating is based on a credit estimate or is a private or confidential rating from S&P; (L) The country of Domicile; (M) An indication as to whether each such Collateral Obligation is (1) a Senior Secured Loan, (2) a Second Lien Loan, (3) an Unsecured Loan, (4) a Subordinated Loan, (5) a Bond (6) a Defaulted Obligation, (7) a Delayed Drawdown Collateral Obligation, (8) a Revolving Collateral Obligation, (9) a Participation Interest (indicating the related Selling Institution, if applicable, and its ratings by each Rating Agency), (10) a Fixed Rate Obligation, (11) a DIP Collateral Obligation, (12) a Discount Obligation, (13) a Discount Obligation purchased in the manner described in clause (y) of the proviso to the definition “Discount Obligation”, (14) an obligation that pays interest less frequently than quarterly, (15) a Cov-Lite Loan, (16) a First-Lien-Last-Out Loan, (17) a Long Dated Obligation, (18) a Middle Market Loan or (19) a Collateral Obligation with respect to which there exists indicative pricing from one or more Approved Third Party Pricing Services; (N) With respect to each Collateral Obligation that is a Discount Obligation purchased in the manner described in clause (y) of the proviso to the definition “Discount Obligation”, (I) the identity of the Collateral Obligation (including whether such Collateral Obligation was classified as a Discount Obligation at the time of its original purchase) the proceeds of whose sale are used to purchase the purchased Collateral Obligation; (II) the purchase price (as a percentage of par) of the purchased Collateral Obligation and the sale price (as a percentage of par) of the Collateral Obligation the proceeds of whose sale are used to purchase the purchased Collateral Obligation; (III) the Moody’s Default Probability Rating assigned to the purchased Collateral Obligation and the Moody’s Default Probability Rating assigned to the Collateral Obligation the proceeds of whose sale are used to purchase the purchased Collateral Obligation; and (vIV) the Aggregate Principal Balance of Collateral Obligations that have been excluded from the definition of “Discount Obligation” and relevant calculations indicating whether such amount is in compliance with the event that any limitations described in clauses (z)(A) and (z)(B) of the foregoing statements indicate that any Borrower has varied in any material respect proviso to the definition of “Discount Obligation.” (O) The Principal Balance of each Cov-Lite Loan and the Aggregate Principal Balance of all Cov-Lite Loans; (P) The Principal Balance of each Unsecured Loan and the Aggregate Principal Balance of all Unsecured Loans; (Q) The Principal Balance of each Subordinated Loan and the Aggregate Principal Balance of all Subordinated Loans; (R) The Principal Balance of each Bond and the Aggregate Principal Balance of all Bonds; (S) The Xxxxx’x Recovery Rate; (T) The S&P Recovery Rate; (U) The letter date of each credit estimate from any financial projections provided pursuant hereto, a statement the applicable Rating Agency or the date of explanation Xxxxx’x RiskCalc rating of such deviation from an Authorized Officer of such Borrower. In additionCollateral Obligation, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(iin each case, if applicable; and (V) The LIBOR floor for each Fiscal Month constituting the last month in Collateral Obligation with a Fiscal Quarter, such Borrower shall furnish comparisons LIBOR floor (1) in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detailapplicable).

Monthly. As soon as practicable, and in any event within thirty twenty (3020) days (provided that such period shall be forty-five (45) days for the month ending concurrently with the end of each Fiscal Year) after the end of each Fiscal Month fiscal month (including each Fiscal Month fiscal month occurring during Rail's final Fiscal Quarter the 90-day delivery period applicable to the delivery of each Fiscal Yearannual financial statements furnished to Lender pursuant to subsection 7.1(B)): (i) consolidated and consolidating statements of income, retained earnings and cash flow of such Borrower Allied and its Subsidiaries (other than Excluded Subsidiaries) and statements of income, retained earnings and cash flow of Borrower for such Fiscal Month fiscal month and for the (1) in the period from case of statements, for the beginning of corresponding periods in the then current preceding Fiscal Year to and (2) in the end case of such Fiscal Month and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) sheets, as of the end of such Fiscal Montha date one year earlier, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E attached heretoD-5, subject to changes resulting from normal year-end adjustments; (ii) consolidated and consolidating statements in which the actual consolidated cash flow and income of such Borrower for Allied and its Subsidiaries (other than Excluded Subsidiaries) and statements in which the actual cash flow and income for Borrower for such Fiscal Month fiscal month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Monthfiscal month, and the actual consolidated and consolidating balance sheets sheet of such Borrower Allied and its Subsidiaries (other than Excluded Subsidiaries) and the actual balance sheet of Borrower at the end of such Fiscal Month fiscal month (in each case as required to be delivered pursuant to Subsection subsection 7.1(A)(i) hereof)) are compared with the corresponding consolidated projected statements of income and cash flow and balance sheet sheets for such periods and time furnished to the Lenders Lender pursuant to Subsection subsection 7.1(C) below, in each case in the same format as the audited statement statements of income and cash flow and the audited balance sheetsheets; (a) copies of all operating statements for such Fiscal Month fiscal month prepared by such Borrower and its Borrower, Allied or any of Allied's other Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent Lender may reasonably request, and (b) a comparison of actual cash flow and capital expenditures for such Borrower Borrower, Allied and its Allied's other Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Monthfiscal month; (iv) calculations setting forth the compliance with the financial covenants set forth in Subsection 8.13 subsection 8.13, calculations of Free Cash Flow Available for Dividends and the Retained Earnings Amount through the period ending on the last day of the most recently completed Fiscal Month; andmonth and so long as any of the Xxxxx Subordinated Notes or HMG Notes are outstanding, beginning with the monthly report for the month ending in November 1996 and all months thereafter, calculations showing whether or not the Xxxxx Interest/HMG Note Dividend Conditions have been satisfied for all periods through the period ending on the last day of the most recently completed month; (v) in the event that any of the foregoing statements indicate that Borrower, Allied or any Borrower of Allied's other Subsidiaries has varied in any material respect from any financial projections provided pursuant heretoto Lender, a statement of explanation of such deviation from an Authorized Officer of such BorrowerOfficer; and (vi) a report identifying in detail reasonably acceptable to Lender all intercompany accounts and transactions with Allied and Allied's other Subsidiaries. In additionNotwithstanding the foregoing, together with the financial consolidated and consolidating statements provided as to Lenders Allied and its Subsidiaries required pursuant to the preceding Subsection 7.1(A)(ithis subsection 7.1(A) for each Fiscal Month constituting the last month shall only be required to be delivered on a quarterly basis as soon as practicable and in a Fiscal Quarter, such Borrower shall furnish comparisons any event within forty-five (145) in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as days of the end of such each fiscal quarter of each Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detailYear.

Monthly. As soon as practicable, and in any event within thirty (30) days after the end of each Fiscal Month (including each Fiscal Month occurring during Rail's final Fiscal Quarter of each Fiscal Year): (i) consolidated statements of income, retained earnings and cash flow of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Month and a consolidated balance sheet of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Month, all in reasonable detail and certified as accurate by an Authorized Officer of such Borrower pursuant to a certificate in the form of Exhibit E G attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements in which the actual consolidated cash flow and income of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Month and for the period from the start of the then current Fiscal Year to the end of such Fiscal Month, and the actual consolidated balance sheets of such Borrower and its Subsidiaries (other than Excluded Subsidiaries) at the end of such Fiscal Month (in each case as required to be delivered pursuant to Subsection 7.1(A)(i) hereof) are compared with the corresponding consolidated projected statements of income and balance sheet for such periods and time furnished to the Lenders pursuant to Subsection 7.1(C) below, in each case in the same format as the audited statement of income and the audited balance sheet; (a) copies of all operating statements for such Fiscal Month prepared by such Borrower and its Subsidiaries (other than Excluded Subsidiaries) for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data in each case as Agent may reasonably request, and (b) a comparison of actual capital expenditures for such Borrower and its Subsidiaries (other than Excluded Subsidiaries) with amounts budgeted for such Fiscal Month; (iv) calculations setting forth the compliance with the financial covenants set forth in Subsection 8.13 for the most recently completed Fiscal Month; and (v) in the event that any of the foregoing statements indicate that any Borrower has varied in any material respect from any financial projections provided pursuant hereto, a statement of explanation of such deviation from an Authorized Officer of such Borrower. In addition, together with the financial statements provided to Lenders pursuant to the preceding Subsection 7.1(A)(i) for each Fiscal Month constituting the last month in a Fiscal Quarter, such Borrower shall furnish comparisons (1) in the case of the consolidated statements of income, retained earnings and cash flow furnished for such Fiscal Quarter and for the year-to-date, with the corresponding periods in the prior Fiscal Year, and (2) in the case of the consolidated balance sheets as of the end of such Fiscal Quarter, with the corresponding date one year earlier, all in reasonable detail.