Common use of Operating Reports Clause in Contracts

Operating Reports. As soon as practicable but no later than sixty (60) days after the close of each quarterly period of its fiscal year, a quarterly summary operating report substantially in the form attached hereto as Schedule 7.1(k), which shall include: (i) a quarterly and year-to-date numerical and narrative assessment of (A) the Project’s electrical production and delivery, (B) the actual O&M Costs and Emergency Payments incurred by the Company in the relevant period (including a description of any material discrepancies of such O&M Costs by comparison with the Annual Operating Plan), (C) the Project’s compliance with each material category in the Annual Operating Plan, (D) cash receipts and disbursements and cash balances, including any distributions permitted under this Agreement, debt service payments and balances in the Collateral Accounts, including without limitation an accounting of all payments made pursuant to Section 2.01(h) of the Collateral Agency Agreement for the preceding quarter, (E) actual average wind speed, the capacity factor, direction data, Directed Curtailment (as defined under the O&M Agreement) and other information provided to the Company as set forth in Section 5.42.2 of the O&M Agreement, (F) the Project’s availability and unscheduled maintenance performed with respect to the WTGs and any other portion of the Project, (G) replacement of equipment not contemplated by the then current Annual Operating Plan of value in excess of $150,000, (I) material disputes with contractors, materialmen, suppliers or others and any related material claims against the Company or Guarantor either individually or in the aggregate equal to or greater than $150,000, and (J) information pertaining to the calculation of the “Mechanical Availability Percentage” (as defined in the Power Purchase Agreements) for the prior “Period” (as defined in the Power Purchase Agreements); (ii) a comparison of year-to-date figures to corresponding figures provided in the Annual Operating Plan, (iii) notice of any forced outage with respect to the Project lasting for more than (A) one hundred twenty (120) consecutive hours with respect to any WTG and (B) seventy-two (72) consecutive hours with respect to a transmission line outage or a substation outage, (iv) information with respect to any materialman’s, mechanic’s or other like Lien that has been recorded against the Company or the Site other than a Permitted Lien and (v) information relating to any adjustments to Energy Payment Rate and REC Payment Rate (each as defined in the Power Purchase Agreements), other than fluctuations to such rates due to negative Locational Margin Price (as defined in the Power Purchase Agreements) adjustments of less than 10%.

Operating Reports. As Deliver to the Administrative Agent and the Technical Agent, as soon as practicable available, but in any event no later than sixty twenty (6020) days after the close end of each quarterly period of its fiscal yearcalendar month occurring after the Economic Completion Date, in form and substance satisfactory to the Independent Engineer and the Technical Agent, a quarterly summary operating report substantially of operations for each such calendar month and a summary of the calendar year‑to‑date operations, in each case including comparisons to the form attached hereto Development Plan and any then‑applicable Annual Budget and Operating Plan, as Schedule 7.1(k)appropriate, which shall includeincluding information in reasonable detail concerning: (i) a quarterly Mine production during such month, (ii) Hedge Agreements in effect during such month and year-to-date numerical and narrative assessment of any deliveries or payments made thereunder, (Aiii) any adjustments made to any pricing formula or component thereof in any Hedge Agreement during such month, (iv) the ProjectBorrower’s electrical production inventory of Refined Gold and deliveryother Saleable Product at the end of such month, (Bv) Project Revenues generated during such month, (vi) Operating Costs during such month, (vii) any Capital Expenditures during such month, (viii) the actual O&M Costs and Emergency Payments incurred Borrower’s most recent cash planning forecast by month covering at least the Company next six (6) months, (ix) any material developments during such month in Mine operations which have had or could reasonably be expected to have, either individually or in the relevant period aggregate, a Material Adverse Effect, (including x) a description of compliance and noncompliance with Project Approvals and Agreement Approvals, (xi) without duplication of any of the foregoing, a description of any material discrepancies of such O&M defects or material malfunctions at the Mine and factors affecting actual or expected Operating Costs by comparison with the Annual Operating Plan)and Project Revenues, (Cxii) any material deviation in the Project’s compliance with each production of Saleable Product from projections for such month contained in the Financial Model, (xiii) estimates of Operating Costs and Capital Expenditures for the remainder of the Fiscal Year and an explanation of any material category variation from the Operating Costs and Capital Expenditures contained in the Annual Budget and Operating PlanPlan and (xiv) the managerial (including staffing, (Dsafety and environmental) cash receipts and disbursements and cash balances, including any distributions permitted under this Agreement, debt service payments and balances in the Collateral Accounts, including without limitation an accounting of all payments made pursuant to Section 2.01(h) performance of the Collateral Agency Agreement for the preceding quarter, (E) actual average wind speed, the capacity factor, direction data, Directed Curtailment (as defined under the O&M Agreement) and other information provided to the Company as set forth in Section 5.42.2 of the O&M Agreement, (F) the Project’s availability and unscheduled maintenance performed with respect to the WTGs and any other portion of the Project, (G) replacement of equipment not contemplated by the then current Annual Operating Plan of value in excess of $150,000, (I) material disputes with contractors, materialmen, suppliers or others and any related material claims against the Company or Guarantor either individually or in the aggregate equal to or greater than $150,000, and (J) information pertaining to the calculation of the “Mechanical Availability Percentage” (as defined in the Power Purchase Agreements) for the prior “Period” (as defined in the Power Purchase Agreements); (ii) a comparison of year-to-date figures to corresponding figures provided in the Annual Operating Plan, (iii) notice of any forced outage with respect to the Project lasting for more than (A) one hundred twenty (120) consecutive hours with respect to any WTG and (B) seventy-two (72) consecutive hours with respect to a transmission line outage or a substation outage, (iv) information with respect to any materialman’s, mechanic’s or other like Lien that has been recorded against the Company or the Site other than a Permitted Lien and (v) information relating to any adjustments to Energy Payment Rate and REC Payment Rate (each as defined in the Power Purchase Agreements), other than fluctuations to during such rates due to negative Locational Margin Price (as defined in the Power Purchase Agreements) adjustments of less than 10%month.

Operating Reports. As Deliver to the Lender, as soon as practicable available, but in any event no later than sixty fifteen (6015) days after the close end of each quarterly period calendar month occurring after the first 5,000 tons of its fiscal yearore have been placed on the Project’s xxxxx pad, a quarterly summary operating report substantially in of operations for each such calendar month and a summary of the form attached hereto as Schedule 7.1(k), which shall include: (i) a quarterly and calendar year-to-date numerical operations, in each case including comparisons to the Operating Budget and narrative assessment of the Financial Model, including information in reasonable detail concerning: (A) the Project’s electrical Mine production and deliveryduring such calendar month, (B) the actual O&M Costs and Emergency Payments incurred by Borrowers’ inventory of Gold (i) on the Company xxxxx pads, (ii) in solution, (iii) in the relevant period adsorption-desorption-recovery plant or (including iv) in doré, in each case at the end of such calendar month, (C) the Ounces of Gold shipped from the Mine during such calendar month, (D) Project Revenues received during such calendar month, (E) Operating Costs paid during such calendar month, (F) any Capital Expenditures paid during such calendar month, (G) the Borrowers’ most recent cash planning forecast by month covering at least the next six (6) months, (H) any material developments that occurred during such calendar month in Mine operations which have had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, (I) a description of any material discrepancies of such O&M Costs by comparison noncompliance with Project Approvals and Agreement Approvals or the Annual Operating Plan), (C) the Project’s compliance with each material category in the Annual Operating Environmental Management Plan, and (DJ) cash receipts and disbursements and cash balances, including without duplication of any distributions permitted under this Agreement, debt service payments and balances in the Collateral Accounts, including without limitation an accounting of all payments made pursuant to Section 2.01(h) of the Collateral Agency Agreement for foregoing, a description of any defects or malfunctions at the preceding quarterMine that have had, (E) actual average wind speedor could reasonably be expected to have, the capacity factor, direction data, Directed Curtailment (as defined under the O&M Agreement) and other information provided to the Company as set forth in Section 5.42.2 of the O&M Agreement, (F) the Project’s availability and unscheduled maintenance performed with respect to the WTGs and any other portion of the Project, (G) replacement of equipment not contemplated by the then current Annual Operating Plan of value in excess of $150,000, (I) material disputes with contractors, materialmen, suppliers or others and any related material claims against the Company or Guarantor either individually or in the aggregate equal to aggregate, a material adverse effect on actual or greater than $150,000, expected Operating Costs and (J) information pertaining to the calculation of the “Mechanical Availability Percentage” (as defined in the Power Purchase Agreements) for the prior “Period” (as defined in the Power Purchase Agreements); (ii) a comparison of year-to-date figures to corresponding figures provided in the Annual Operating Plan, (iii) notice of any forced outage with respect to the Project lasting for more than (A) one hundred twenty (120) consecutive hours with respect to any WTG and (B) seventy-two (72) consecutive hours with respect to a transmission line outage Revenues or a substation outage, (iv) information with respect to any materialman’s, mechanic’s or other like Lien that has been recorded against the Company or the Site other than a Permitted Lien and (v) information relating to any adjustments to Energy Payment Rate and REC Payment Rate (each as defined in the Power Purchase Agreements), other than fluctuations to such rates due to negative Locational Margin Price (as defined in the Power Purchase Agreements) adjustments of less than 10%on Mining Reserves.

Operating Reports. As Deliver to the Lender, as soon as practicable available, but in any event no later than sixty fifteen (6015) days after the close end of each quarterly period Quarterly Period of its fiscal yearthe Borrowers occurring after the first 5,000 tons of ore have been placed on the Project’s xxxxx pad, a quarterly summary operating report substantially in of operations for each such Quarterly Period and a summary of the form attached hereto as Schedule 7.1(k), which shall include: (i) a quarterly and fiscal year-to-date numerical operations, in each case including comparisons to the Operating Budget and narrative assessment of the Financial Model, including information in reasonable detail concerning: (A) the Project’s electrical Mine production and deliveryduring such Quarterly Period, (B) the actual O&M Costs and Emergency Payments incurred by Borrowers’ inventory of Gold (i) on the Company xxxxx pads, (ii) in solution, (iii) in the relevant period adsorption-desorption-recovery plant or (including iv) in doré, in each case at the end of such Quarterly Period, (C) the Ounces of Gold shipped from the Mine during such Quarterly Period, (D) Project Revenues received during such Quarterly Period, (E) Operating Costs paid during such Quarterly Period, (F) any Capital Expenditures paid during such Quarterly Period, (G) the Borrowers’ most recent cash planning forecast by month covering at least the next six (6) months, (H) any material developments that occurred during such Quarterly Period in Mine operations which have had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, (I) a description of any material discrepancies of such O&M Costs by comparison noncompliance with Project Approvals and Agreement Approvals or the Annual Operating Plan), (C) the Project’s compliance with each material category in the Annual Operating Environmental Management Plan, and (DJ) cash receipts and disbursements and cash balances, including without duplication of any distributions permitted under this Agreement, debt service payments and balances in the Collateral Accounts, including without limitation an accounting of all payments made pursuant to Section 2.01(h) of the Collateral Agency Agreement for foregoing, a description of any defects or malfunctions at the preceding quarterMine that have had, (E) actual average wind speedor could reasonably be expected to have, the capacity factor, direction data, Directed Curtailment (as defined under the O&M Agreement) and other information provided to the Company as set forth in Section 5.42.2 of the O&M Agreement, (F) the Project’s availability and unscheduled maintenance performed with respect to the WTGs and any other portion of the Project, (G) replacement of equipment not contemplated by the then current Annual Operating Plan of value in excess of $150,000, (I) material disputes with contractors, materialmen, suppliers or others and any related material claims against the Company or Guarantor either individually or in the aggregate equal to aggregate, a material adverse effect on actual or greater than $150,000, expected Operating Costs and (J) information pertaining to the calculation of the “Mechanical Availability Percentage” (as defined in the Power Purchase Agreements) for the prior “Period” (as defined in the Power Purchase Agreements); (ii) a comparison of year-to-date figures to corresponding figures provided in the Annual Operating Plan, (iii) notice of any forced outage with respect to the Project lasting for more than (A) one hundred twenty (120) consecutive hours with respect to any WTG and (B) seventy-two (72) consecutive hours with respect to a transmission line outage Revenues or a substation outage, (iv) information with respect to any materialman’s, mechanic’s or other like Lien that has been recorded against the Company or the Site other than a Permitted Lien and (v) information relating to any adjustments to Energy Payment Rate and REC Payment Rate (each as defined in the Power Purchase Agreements), other than fluctuations to such rates due to negative Locational Margin Price (as defined in the Power Purchase Agreements) adjustments of less than 10%on Mining Reserves.

Operating Reports. As Deliver to the Lender, as soon as practicable available, but in any event no later than sixty fifteen (6015) days after the close end of each quarterly period calendar month occurring after the first 5,000 tons of its fiscal yearore have been placed on the Project's lxxxx pad, a quarterly summary operating report substantially in of operations for each such calendar month and a summary of the form attached hereto as Schedule 7.1(k), which shall include: (i) a quarterly and calendar year-to-date numerical operations, in each case including comparisons to the Operating Budget and narrative assessment of the Financial Model, including information in reasonable detail concerning: (A) the Project’s electrical Mine production and deliveryduring such calendar month, (B) Hedge Agreements in effect during such calendar month and any deliveries or payments made thereunder, (C) any adjustments made to any pricing formula or component thereof in any Hedge Agreement during such fiscal quarter, (D) the actual O&M Costs and Emergency Payments incurred by Borrowers' inventory of Gold (i) on the Company lxxxx pads, (ii) in solution, (iii) in the relevant period adsorption-desorption-recovery plant or (including iv) in dore, in each case at the end of such calendar month, (E) the Ounces of Gold shipped from the Mine during such calendar month, (F) Project Revenues received during such calendar month, (G) Operating Costs paid during such calendar month, (H) any Capital Expenditures paid during such calendar month, (I) the Borrowers' most recent cash planning forecast by month covering at least the next six (6) months, (J) any material developments that occurred during such calendar month in Mine operations which have had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, (K) a description of any material discrepancies of such O&M Costs by comparison noncompliance with Project Approvals and Agreement Approvals or the Annual Operating Plan), (C) the Project’s compliance with each material category in the Annual Operating Environmental Management Plan, and (DL) cash receipts and disbursements and cash balances, including without duplication of any distributions permitted under this Agreement, debt service payments and balances in the Collateral Accounts, including without limitation an accounting of all payments made pursuant to Section 2.01(h) of the Collateral Agency Agreement for foregoing, a description of any defects or malfunctions at the preceding quarterMine that have had, (E) actual average wind speedor could reasonably be expected to have, the capacity factor, direction data, Directed Curtailment (as defined under the O&M Agreement) and other information provided to the Company as set forth in Section 5.42.2 of the O&M Agreement, (F) the Project’s availability and unscheduled maintenance performed with respect to the WTGs and any other portion of the Project, (G) replacement of equipment not contemplated by the then current Annual Operating Plan of value in excess of $150,000, (I) material disputes with contractors, materialmen, suppliers or others and any related material claims against the Company or Guarantor either individually or in the aggregate equal to aggregate, a material adverse effect on actual or greater than $150,000, expected Operating Costs and (J) information pertaining to the calculation of the “Mechanical Availability Percentage” (as defined in the Power Purchase Agreements) for the prior “Period” (as defined in the Power Purchase Agreements); (ii) a comparison of year-to-date figures to corresponding figures provided in the Annual Operating Plan, (iii) notice of any forced outage with respect to the Project lasting for more than (A) one hundred twenty (120) consecutive hours with respect to any WTG and (B) seventy-two (72) consecutive hours with respect to a transmission line outage Revenues or a substation outage, (iv) information with respect to any materialman’s, mechanic’s or other like Lien that has been recorded against the Company or the Site other than a Permitted Lien and (v) information relating to any adjustments to Energy Payment Rate and REC Payment Rate (each as defined in the Power Purchase Agreements), other than fluctuations to such rates due to negative Locational Margin Price (as defined in the Power Purchase Agreements) adjustments of less than 10%on Mining Reserves.

Operating Reports. As Deliver to the Administrative Agent, as soon as practicable available, but in any event no later than sixty twenty (6020) days after the close end of each quarterly period of its fiscal yearcalendar month occurring after the Economic Completion Date, in form and substance similar to the corresponding items delivered under the Senior Credit Agreement (or, following the Discharge Date, in form and substance reasonably satisfactory to the Administrative Agent), a quarterly summary operating report substantially of operations for each such calendar month and a summary of the calendar year‑to‑date operations, in each case including comparisons to the form attached hereto Development Plan and any then‑applicable Annual Budget and Operating Plan, as Schedule 7.1(k)appropriate, which shall includeincluding information in reasonable detail concerning: (i) a quarterly Mine production during such month, (ii) Hedge Agreements in effect during such month and year-to-date numerical and narrative assessment of any deliveries or payments made thereunder, (Aiii) any adjustments made to any pricing formula or component thereof in any Hedge Agreement during such month, (iv) the ProjectBorrower’s electrical production inventory of Refined Gold and deliveryother Saleable Product at the end of such month, (Bv) Project Revenues generated during such month, (vi) Operating Costs during such month, (vii) any Capital Expenditures during such month, (viii) the actual O&M Costs and Emergency Payments incurred Borrower’s most recent cash planning forecast by month covering at least the Company next six (6) months, (ix) any material developments during such month in Mine operations which have had or could reasonably be expected to have, either individually or in the relevant period aggregate, a Material Adverse Effect, (including x) a description of compliance and noncompliance with Project Approvals and Agreement Approvals, (xi) without duplication of any of the foregoing, a description of any material discrepancies of such O&M defects or material malfunctions at the Mine and factors affecting actual or expected Operating Costs by comparison with the Annual Operating Plan)and Project Revenues, (Cxii) any material deviation in the Project’s compliance with each production of Saleable Product from projections for such month contained in the Financial Model, (xiii) estimates of Operating Costs and Capital Expenditures for the remainder of the Fiscal Year and an explanation of any material category variation from the Operating Costs and Capital Expenditures contained in the Annual Budget and Operating PlanPlan and (xiv) the managerial (including staffing, (Dsafety and environmental) cash receipts and disbursements and cash balances, including any distributions permitted under this Agreement, debt service payments and balances in the Collateral Accounts, including without limitation an accounting of all payments made pursuant to Section 2.01(h) performance of the Collateral Agency Agreement for the preceding quarter, (E) actual average wind speed, the capacity factor, direction data, Directed Curtailment (as defined under the O&M Agreement) and other information provided to the Company as set forth in Section 5.42.2 of the O&M Agreement, (F) the Project’s availability and unscheduled maintenance performed with respect to the WTGs and any other portion of the Project, (G) replacement of equipment not contemplated by the then current Annual Operating Plan of value in excess of $150,000, (I) material disputes with contractors, materialmen, suppliers or others and any related material claims against the Company or Guarantor either individually or in the aggregate equal to or greater than $150,000, and (J) information pertaining to the calculation of the “Mechanical Availability Percentage” (as defined in the Power Purchase Agreements) for the prior “Period” (as defined in the Power Purchase Agreements); (ii) a comparison of year-to-date figures to corresponding figures provided in the Annual Operating Plan, (iii) notice of any forced outage with respect to the Project lasting for more than (A) one hundred twenty (120) consecutive hours with respect to any WTG and (B) seventy-two (72) consecutive hours with respect to a transmission line outage or a substation outage, (iv) information with respect to any materialman’s, mechanic’s or other like Lien that has been recorded against the Company or the Site other than a Permitted Lien and (v) information relating to any adjustments to Energy Payment Rate and REC Payment Rate (each as defined in the Power Purchase Agreements), other than fluctuations to during such rates due to negative Locational Margin Price (as defined in the Power Purchase Agreements) adjustments of less than 10%month.