Common use of Other Financial Information Clause in Contracts

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor thereto. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (i) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (ii) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Statement or other financial statement, as applicable, (iii) as of the date of such submission, no Events of Default have occurred or are continuing, (iv) all representations and warranties other than any representations or warranties that are made as of a specific date in Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, (v) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, and (vi) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lender.

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor theretoBank. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, ; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, ; (ve) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, ; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Notwithstanding the foregoing, documents Documents required to be delivered under pursuant to the terms hereof (including, without limitation, pursuant to clauses (ba), (c) or f), (g) of this Section 6.2 and (h) above, to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c))delivered, shall be deemed to have been delivered on the date on which Borrower files posts such documents with the SEC and such documents are publicly available documents, or provides a link thereto, on Borrower’s website on the SECinternet at Borrower’s XXXXX filing system or website address; provided, however, Borrower shall promptly notify Bank in writing (which may be by electronic mail) of the posting of any successor theretosuch documents. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance in all material respects with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, ; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, ; (ve) as of the date of such submission, Borrower and each of its Subsidiaries has have timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, 5.9; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor theretoBank. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, ; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, ; (ve) as of the date of such submission, Borrower and each of its Subsidiaries has have timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, 5.9; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor theretoBank. Any submission by Borrower of a Compliance Statement Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Statement Compliance Statement, or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, ; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement Statement, or other financial statement, as applicable, (ve) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits deposits, and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, ; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Other Financial Information. Other Promptly, from time to time, such other financial information regarding Borrower or any of its Subsidiaries or compliance with the terms of any Loan Documents as reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor theretoBank. Any submission by Borrower of a Compliance Statement Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 5.3 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (i) as of the date of such Compliance Statement Statement, or other financial statement, the information and calculations set forth therein are true, accurate true and correct, (ii) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Statement Compliance Statement, or other financial statement, as applicable, (iii) as of the date of such submission, no Events of Default have occurred or are continuing, (iv) all representations and warranties other than any representations or warranties that are made as of a specific date in Section 5 4 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement Statement, or other financial statement, as applicable, (v) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.84.9, and (vi) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor thereto. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 5.3 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (i) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate true and correct, (ii) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, (iii) as of the date of such submission, no Events of Default have occurred or are continuing, (iv) all representations and warranties other than any representations or warranties that are made as of a specific date in Section 5 4 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, (v) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.84.8, and (vi) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lender.Agent

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor theretoBank. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, ; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, ; (ve) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, ; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent Bank. Documents required to be delivered pursuant to the terms hereof (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date on which Borrower posts such documents, or either Lenderprovides a link thereto, on Borrower’s website on the internet at Borrower’s website address; provided, however, Borrower shall promptly notify the Bank in writing (which may be by electronic mail) of the posting of any such documents.

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor theretoBank. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, ; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, ; (ve) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, 5.9; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Other Financial Information. Other financial information regarding Borrower or compliance with the terms of any Loan Documents as reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor thereto. Any submission by Borrower of a Compliance Statement Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender and the Lenders shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement Statement, or other financial statement, the information and calculations set forth therein are true, accurate and correctcorrect in all material respect, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, except as noted in such Compliance Statement or other financial statement, as applicable; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section 5 remain are true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement Statement, or other financial statement, as applicable, ; (ve) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except except, in each case, as otherwise permitted pursuant to the terms of Section 5.8, ; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lenderand the Lenders.

Other Financial Information. Other financial information regarding Borrower as reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor theretoBank. Any submission by Borrower of a Compliance Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (ia) as of the date of such Compliance Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (iib) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Certificate Compliance Statement or other financial statement, as applicable, ; (iiic) as of the date of such submission, no Events of Default have occurred or are continuing, ; (ivd) all representations and warranties other than any representations or warranties that are made as of a specific date in Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement or other financial statement, as applicable, ; (ve) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8, ; and (vif) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.