Common use of Reporting Covenant Required Complies Clause in Contracts

Reporting Covenant Required Complies. Quarterly consolidating financial statements Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 earlier of 5 days of filing 10Q or 50 days of quarter end Yes No Annual financial statement (CPA Audited) FYE + CC within 150 days Yes No 10‑Q, 10‑K and 8-K Within earlier of 5 days after of filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections or 90 days of FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections Projections 30 days after FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 30 days Yes No Annual Projections FYE within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K A/R & A/P Agings, Deferred Revenue Report Monthly within 15 days Yes No Annual operating budgets and annual financial projections FYE Transaction Report (A) the more frequent of weekly or with each Advance request when there are Advances outstanding or (B) if there are no Advances outstanding, within 45 fifteen (15) days after the end of each month Yes No

Reporting Covenant Required Complies. Quarterly consolidating Annual financial statements Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 90 days Yes No 10‑QMonthly financial statements and Compliance Certificate Prior to each Credit Extension, 10‑K and 8-K Within 5 monthly within 30 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q K and 10-K 10Q (as applicable) Yes No Annual operating budgets budget, sales projections and annual financial projections FYE within 45 days operating plans approved by board of directors Annually no later than January 31 of each fiscal year Yes NoNo Deposit balances with Bank $ ___________________ Deposit balance outside Bank $ ___________________

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 days 30 days* Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 120 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Transaction Reports Monthly within 30 days** Yes No A/R & A/P Agings, reconciliations Monthly within 30 days Yes No Annual operating budgets budget and annual financial projections FYE within 45 Annually no later than 30 days prior to year-end Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 120 days Yes No 10‑QAnnual financial projections FYE within 60 days 10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Deferred Revenue reports Monthly within 30 days, if applicable Borrowing Base Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE A/R & A/P Agings Monthly within 45 30 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 180 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Borrowing Base Certificate Contemporaneously with delivery ofthe 10-Q A/R & A/P Agings, and 10-K Deferred Revenue schedule Monthly within 30 days Yes No Annual operating budgets and annual financial Board approved projections FYE within 45 days Upon request of Bank Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE Borrowing Base Certificate, A/R & A/P Agings Monthly within 45 20 days if borrowing Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Borrowing Base Certificate, A/R & A/P Agings Monthly within 30 days Yes No Annual operating budgets and annual financial Board-approved projections FYE within Annually, w/in 45 days of approval Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements Quarterly with Compliance Certificate Within 5 days after filing with SEC for quarters ending 3/31/11, 6/30/11 and 9/30/11 Yes No Monthly financial statements with Compliance Certificate Monthly within 45 days 30 days, commencing with period ending 10/31/11 Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 180 days Yes No 10‑Q, 10‑K and 8Borrowing Base Certificate A/R & A/P Agings Monthly within 30 days Yes No Board-K Approved Annual Financial Projections Within 5 30 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 120 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Borrowing Base Certificate Contemporaneously A/R & A/P Agings with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE Deferred Revenue report Monthly within 45 30 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate. Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 earlier of 120 days Yes No 10‑Q, 10‑K and 8-K Within or 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 Financial Projections approved by Board Annually at least 30 days prior to fiscal year end Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly compiled financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 90 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC (electronic delivery permitted) Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K A/R & A/P Agings Monthly within 30 days Yes No Annual operating budgets Transaction Reports Monthly within 20 days, and annual financial projections with each request for an Advance Yes No Projections FYE within 45 days 30 days, and as amended/updated Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE + CX XXX within 150 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 Monthly within 30 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10Transaction Report With each Advance request (during any Non-Q Streamline Period) and 10-K monthly within 30 days Yes No A/R & A/P Agings, Deferred Revenue report Monthly within 30 days Yes No Annual operating budgets and annual financial projections Financial Projections FYE within 45 30 days and as updated Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings & Deferred Revenue Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes NoNo Borrowing Base Report Monthly within 30 days (Quarterly within 45 days if no outstanding Credit Extensions) Yes No Projections FYE within 60 days Yes No The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”)______________________________________________________________________

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q, 10‑K 10K and 8-K Within 5 days after filing with SEC 10Q (as applicable) Yes No IP Report Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K within 30 days Yes No Annual operating budgets and annual financial projections FYE New Contracts Quarterly within 45 5 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 240 days Yes No 10‑Q, 10‑K Annual Operating Budgets and 8-K Within 5 Financial Projections The earlier of (i) 60 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q FYE or (ii) 7 days after board approval, and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days more frequently as updated Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly and Compliance Certificate Monthly within 45 30 days Yes No Annual consolidated financial statement statements (CPA AuditedCPA-audited) FYE within 150 180 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Upon filing Yes No A/R & A/P Agings, Borrowing Base Certificate, Deferred Revenue Report Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q of the 15th and 10-K last day of each month Yes No Annual operating budgets and annual financial projections (Board-approved) FYE within 45 30 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q Borrowing Base Certificate, A/R & A/P Agings Monthly within 30 days Yes No Initial Audit Within 60 days of the Effective Date and 10-K no more than annually thereafter Yes No Annual operating budgets and annual financial projections Within 30 days of FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements Quarterly within with Compliance Certificate Within 45 days of fiscal quarter end Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 90 days of FYE within 150 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual Board approved financial projections FYE within Within 45 days of FYE Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate, valuation schedules and LP Reports Quarterly within 45 90 days Yes No Annual financial statement statements (CPA Audited) with Compliance Certificate, valuation schedules and LP Reports FYE within 150 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 120 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 90 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Board Approved Projections Annually, as approved by Board Yes No Annual operating budgets and annual financial projections FYE Borrowing Base Certificate Monthly within 45 30 days Yes NoNo The following Intellectual Property was registered (or a registration application submitted) after the Effective Date (if no registrations, state “None”)

Reporting Covenant Required Complies. Quarterly consolidating financial statements Quarterly Compliance Certificate Monthly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE Financial Projections Annual within 45 days of FYE Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 5 days after filing 10Q but no later than 60 days after quarter end Yes No Annual financial statement (CPA Audited) + CC • Fiscal year 2011: FYE within 150 270 days • Fiscal year 2012 and thereafter: FYE within 180 days Yes No Annual projections Earlier of: (i) 7 days after Board approval, or (ii) FYE within 60 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q, 10‑K 10K and 8-K Within 5 days after filing with SEC 10Q (as applicable) Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q IP Report Annual within 30 days and 10-K within 30 days of any Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes Nochange

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 180 days Yes No 10‑Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE Quarterly, within 45 days Yes No Borrowing Base Certificate A/R & A/P Agings Monthly within 30 days Yes No Liquidity See Below* Yes No Net EBITDA Loss See Below** Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 90 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q, 10‑K and 8-K Within 5 Board Projections FYE within 30 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K A/R & A/P Agings Monthly within 30 days Yes No Annual operating budgets and annual financial projections FYE Transaction Report Weekly Yes No Deferred Revenue Reports Monthly within 45 30 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual Audited financial statement (CPA Audited) FYE within 150 days Yes No 10‑Qstatements 10-Q, 10‑K 10-K, and 8-K Annually within 120 days of FYE Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Transaction Report, A/R & A/P Agings Monthly within 30 days Yes No Collateral Audit Annually, unless conditions Warrant. Requirement waived if no amounts are outstanding on the LOC Yes No Annual operating budgets and annual financial projections Within 30 days of FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements with Compliance Certificate Monthly within 30 days (except as set forth in the Loan Agreement) Yes No Quarterly financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 90 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Performance to Plan; Revenues 80% of Projected Revenues* % Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No* [ * ] The following are the exceptions with respect to the certification above: (If no exceptions exist, state “No exceptions to note.”)

Reporting Covenant Required Complies. Quarterly consolidating Annual financial statements Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 90 days Yes No 10‑Q, 10‑K Monthly financial statements and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe Prior to each Credit Extension, and monthly within 30 days Yes No 10-Q K and 10-K 10Q (as applicable) Yes No Annual operating budgets budget, sales projections and annual financial projections FYE within 45 operating plans approved by board of directors Annually no later than 30 days Yes Noafter the beginning of each fiscal year Yes No Deposit balances with Bank $ Deposit balance outside Bank $

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA AuditedReviewed) FYE within 150 180 days Yes No 10‑QBoard Projections Annually, 10‑K and 8-K as requested Yes No SEC filings Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Borrowing Base Certificate Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q within 45 days (or monthly within 30 days if the average daily closing balance of Borrower’s cash at Bank and 10-K Bank’s Affiliates < $30MM) Yes No Annual operating budgets and annual financial projections Board Approved Financial Projections FYE within 45 90 days Yes No

Reporting Covenant Required Complies. Quarterly consolidating Monthly financial statements Quarterly with Compliance Certificate Monthly within 45 30 days Yes No Annual financial statement (CPA Audited) FYE within 150 + XX XXX within180 days Yes No 10‑QA/R & A/P Agings, 10‑K Deferred Revenue Reports Monthly within 30 days and 8-K Within 5 days after filing with SEC each request for a Credit Extension Yes No Quarterly Compliance Certificate Contemporaneously Transaction Reports Monthly within 30 days and with delivery ofthe 10-Q and 10-K each request for a Credit Extension Yes No Annual operating budgets and annual financial projections Projections FYE within 45 30 days Yes No Field Exam Semi-annually Yes No

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE + XX XXX within 150 120 days Yes No 10‑QTransaction Report, 10‑K and 8-K Within 5 A/R & A/P Agings, Inventory reports Monthly within 30 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes NoThe following Intellectual Property was registered (or a registration application submitted) after the Effective Date (if no registrations, state “None”)

Reporting Covenant Required Complies. Quarterly consolidating financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 120 days Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Borrowing Base Certificate Contemporaneously with delivery ofthe 10-Q A/R & A/P Agings and 10-K Deferred Revenue Schedule Monthly within 30 days Yes No Annual operating budgets and annual financial projections Board Approved Projections FYE within 45 days Yes No