Reporting and Notices. The Obligors shall provide the following reporting and notices to the Agent (for further distribution to the Funds) and the CS Pension Fund:
(a) [Reserved];
(b) promptly, but in any event no later than the seventh Business Day following receipt or delivery of the same, a copy of any notice of the occurrence of any Event of Default (as defined in the Senior Credit Facility, the Convertible Facilities or the 2011 ABL Agreement, as applicable) under the Senior Credit Facility, the Convertible Facilities or the 2011 ABL Agreement, as applicable;
(c) promptly, but in any event no later than the seventh Business Day following any Responsible Officer of the Obligors becoming aware thereof, written notice of any Default or Event of Default hereunder;
(d) promptly, written notice that the 13-Week Cash Flow Projections and related variance reports are no longer required to be delivered to the Senior Administrative Agent (and Agent and Fund may conclusively rely thereon until such time as the Primary Obligors may be required to resume delivery of such 13-Week Cash Flow Projections and related variance reports in accordance herewith);
(e) within 30 days after the end of each of the first two months in any fiscal quarter of Parent, Parent’s unaudited consolidated balance sheet and related unaudited statements of operations and cash flows as of the end of and for such fiscal month and the then elapsed portion of the fiscal year, setting forth in each case in comparative form the figures for the corresponding period or periods of (or, in the case of the balance sheet, as of the end of) the previous fiscal year, subject to normal year-end audit adjustments and the absence of footnotes;
(f) on or before the fifth Business Day of each fiscal month, commencing on the fifth business day of July 2009, projections of the weekly cash flows for the 13-week period commencing on the first day of such fiscal month (the “13-Week Cash Flow Projections”) which (i) reflect the Parent’s and its Domestic Subsidiaries’ (as defined in the Senior Credit Facility) consolidated projected cash receipts and cash expenditures for their corporate and other operations and (ii) contain comments of management of the Parent and, if then engaged, comments of the Parent’s Financial Advisor (as defined in the Senior Credit Facility); provided that, Primary Obligors only shall be obligated to provide such 13-Week Cash Flow Projection and commentary to the Agent and Funds so long as the Parent is required ...
Reporting and Notices. Until the termination of this Agreement, the Company shall provide Plenus with the following: (i) audited, consolidated annual financial statements within ninety (90) days after the end of the fiscal year (including an audited annual balance sheet of the Company as at the end of the fiscal year and the statement of income and cash flow of the Company for the fiscal year then ended), (ii) unaudited but reviewed, consolidated, quarterly financial statements within forty five (45) days after the end of each quarter, (iii) such other data and information as Plenus may reasonably request, provided such data is reasonably available and not subject to confidentiality undertakings to third parties, (iv) at least five (5) business days advanced written notice of a merger or consolidation of the Company, a sale of any substantial portion of the assets or shares of the Company or any reorganization or restructuring of the Company having similar effects, or a distribution of dividends, and (v) at least five (5) business days advanced written notice of a firmly underwritten initial public offering of the Company’s shares pursuant to a registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933 or pursuant to a registration statement filed with a similar authority under any other jurisdiction. Furthermore, and subject to execution of confidentiality undertakings Plenus shall have, at reasonable times and upon reasonable notice, full access to all books and records of the Company and shall be entitled to inspect the properties of the Company and consult with management of the Company regarding the same, to the extent necessary or advisable for the purpose of monitoring observance by the Company of its obligations under the Transaction Documents. Following the termination of this Agreement, and for as long as the Warrant is outstanding, the Company shall furnish to the Company true and complete copies of its annual and quarterly financial statements, simultaneously with furnishing same to any shareholders of the Company.
Reporting and Notices. 8.1 The Partner Organization shall ensure that all necessary documentation is submitted to the Administering Organization on time, in order to comply with Article 4 of the UKF Grant Agreement no. [please fill in Grant Agreement number].
8.2 Any notices given under this Agreement will be delivered either by messenger or overnight delivery service, or sent by facsimile/email with a confirmation sent via certified or registered mail, postage prepaid and return receipt requested, addressed as indicated below. Notice will be deemed to have been given on the day received. If to Administering Organization: If to Partner Organization: Please insert address Please insert address Email: please insert Email: please insert
Reporting and Notices. HSBC shall provide to Agent, weekly, a report in reasonable detail showing outstanding Letters of Credit issued by HSBC for the account of the Company. If, upon receipt of the notification from the Company specified in section 1.4(a), the Agent determines that (i) any Default or Event of Default has occurred and is continuing, or (ii) the issuance of a Letter of Credit for the account of the Company would cause the aggregate amount of outstanding Revolving Credit Loans to exceed the maximum amount permitted by section 1.1 or the aggregate amount of Letters of Credit outstanding to exceed the limit provided in section 1.4(a), then the Agent shall so notify each LOC Bank within 24 hours of Agent's receipt of such notification. Use of Proceeds. The Company represents, warrants and agrees that: The proceeds of the Loans made hereunder will be used solely for the following purposes: repayment at maturity of Commercial Paper (to the extent necessary) and for other general corporate purposes. No part of the proceeds of any Loan made hereunder will be used to "purchase" or "carry" any "margin stock" or to extend credit to others for the purpose of "purchasing" or "carrying" any "margin stock" (as such terms are defined in the Regulation U of the Board of Governors of the Federal Reserve System), and the assets of the Company and its Subsidiaries do not include, and neither the Company nor any Subsidiary has any present intention of acquiring, any such security.
Reporting and Notices. 4.1 Notice Procedures
(a) All notices shall be in writing, to the respective addresses set forth on Schedule 1.1 hereto, and effective as follows: (i) by email, upon the sender’s receipt of a return email from the other party, except that return emails sent outside of normal business hours shall be deemed received on the next Business Day; (ii) by FedEx or other nationally recognized courier service, or U.S. registered or certified mail, return receipt requested, when received at such address; (iii) by hand delivery, when delivered to such address; and (iv) by posting to an electronic portal when accessed by the other party.
(b) The parties may change their contact details by written notice to the other parties.
Reporting and Notices. Carrier will only publish changes to Company if the operation of this Section 4(c) triggers a +/- change applicable to India Pricing. Otherwise, the then current India Pricing remains the same. Emails directed to xxxxxxxxxx@xxxxxx.xxx will be acceptable to communicate and transmit permitted pricing, Regulatory Changes and FX changes and amendments. All notices will refer to the applicable provision(s) of this Addendum giving rise to any notice or change and provide sufficient information, including upon reasonable request, enabling the other party to reasonably substantiate compliance with this Section 4(c), provided however, that the valid effective date set forth by the original notice shall be the controlling date. Except as set forth in 4.1(c), India Pricing will be noticed monthly to Company by Carrier. India Pricing shall be modified solely as required to reflect the changes the India * per the adjustment provisions of this Section 4.1(c), and will be provided via email to the following address: [xxxxxxxxxx@xxxxxx.xxx)], such pricing to become effective at 11:59:59 pm (IST) or on the applicable effective date set forth above.
Reporting and Notices. 15.1. The Stock Exchange Member shall provide to the Client regular reports, as required by the provisions of the Stock Exchange Rules and under any law. The Client shall notify the Stock Exchange Member of any inconsistency and/or failure to receive regular reports within 30 days of receipt of reports or of the date on which he should have received the reports, as applicable. Where the Client expresses no reservation within the said timeframe, then the relevant report or documents shall be deemed to be agreed upon and acceptable to the Client.
15.2. Any notice from the Stock Exchange Member to the Client shall be delivered to the address appearing in the Introduction and Preamble of this Agreement. A notice shall be deemed to have been received by the Client at the end of three business days of the mail delivery or upon the personal delivery thereof, if delivered by courier.
15.3. A notice sent from the Client to the Stock Exchange Member shall be deemed to have been received only if the Client has a delivery confirmation form, signed by the Stock Exchange Member.
15.4. The parties hereby undertake to notify each other in writing of any change in the addresses specified in the Introduction to this Agreement.
Reporting and Notices. (a) Quarterly Reports. Promptly following the end of each Calendar Quarter during the Term, but in any event no later than [***] ([***]) days after the end of each such Calendar Quarter, Seller shall deliver to Purchaser a written report summarizing at a high-level the status of GC and the Products for all indications, including Seller’s activities during such Calendar Quarter with respect to the research, development and commercialization of GC and the Products for the treatment of oral mucositis and esophagitis, including any material developments with respect thereto (each such report, a “Quarterly Report”).
Reporting and Notices. Borrowers (a) will deliver to Agent each of the reports and notices set forth on Schedule 5.2 to this Agreement at the times specified therein, and (b) agree to use commercially reasonable efforts in cooperation with Agent to facilitate and implement a system of electronic collateral reporting in order to provide electronic reporting of each of the items set forth on such Schedule.
Reporting and Notices. You will maintain, in form acceptable to us (in our commercially reasonable judgment), a detailed aging of all Receivables, payments thereon and of all returns, and you will deliver promptly to us the information and reporting set forth in Paragraph 6 of the Guide. In the event you fail to provide this information to us within three (3) business days of its due date, our credit approvals and assumption of credit losses shall, at our sole option and without the need of any notice, immediately cease and be deemed to have been thereupon withdrawn, void, null and of no effect as to all Approved Receivables. You must promptly notify us if any Approved Receivable is not timely paid or if you receive information of any adverse change in the financial condition or business prospects of the Customer. You must notify us promptly of any matters affecting the value, enforceability or collectibility of any Approved Receivable. Please see Paragraph 8 of the Guide for information regarding our right to conduct inspections and verifications regarding the Receivables and returned merchandise.
