Common use of Reporting Covenant Required Complies Clause in Contracts

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within 45 days prior to the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No

Reporting Covenant Required Complies. Transaction Borrowing Base Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Borrowing Base Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Borrowing Base Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, ,but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline whenStreamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within the earlier to occur of 45 days prior to the after FYE but evidence or 10 days after approval by Parent’s Board of board approval to be delivered by September 15 of such fiscal year Directors Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No

Reporting Covenant Required Complies. Transaction Report Monthly (in connection with AdvanceWeekly after a Net Cash Event) With each request for an Advance Yes No A/R and A/P Agings Monthly within 15 days (Weekly within 5 days after a Net Cash Event) Yes No Monthly Transaction Report Within Xxxxxxxxxxx Account Statement Monthly within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Financial Statements Monthly within 30 days Yes No Compliance Certificate Within Monthly within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No days,Quarterly with Form 10-Q, but not later than Friday 50 days after each week when Streamline Period is fiscal quarter end, as applicable,Annually with Form 10-K, but not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE each fiscal year end, as applicable, Yes No 10‑QQuarterly cash holding report Quarterly within 30 days after the end of each fiscal quarter Yes No Quarterly Financial Statements Quarterly within 50 days after the end of each fiscal quarter Yes No Annual Financial Statements FYE within 90 days Yes No Forms 10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC SEC, but in the case of the 10-K report, not later than 90 days after FYE Yes No Annual operating budgets for upcoming fiscal year and board approval projections approved by Board of such annual operating budgets Directors Within 45 50 days prior to the after FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report Field Exams Semi-Annually or as conditions warrant Yes No Material change in composition of any legal actions pending Intellectual Property, registration of new Intellectual Property, or event that materially or adversely affect value of Intellectual Property Yes No Pending or threatened in writing against Borrower or any of its Subsidiaries legal action that could result in damages or costs to Borrower or any of its Subsidiaries ofdamages, individually or in the aggregate, of $1,000,000 or more Promptly 100,000.00 Yes No

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE (except for Parent’s audited consolidated annual financial statements covering Parent’s fiscal year ended June 27, 2014, which must be delivered on or before December 31, 2014) Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within 45 days prior to the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly consolidating financial statements with Compliance Certificate Within 5 Monthly within 15 days if Advances or Letters of filing with the SEC, but no later than 45 days after fiscal quarter Credit are outstanding at month-end Yes No Monthly cash flow statements evidencing Borrower’s compliance with terms of Section 6.8(b) Monthly within 15 days Yes No Quarterly consolidating financial statements with + Compliance Certificate Within 30 Quarterly and annual financial statement requirement may be met by delivery of 10Q and 10K reports in accordance with the provisions of Section 6.2. Compliance Certificate required with every delivery of a 10Q and 10K. Quarterly within 45 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than Certificate1 FYE audited within 90 days after FYE Yes No 10‑Q10Q, 10‑K 10K and 8-K + Compliance Certificate1 Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval SEC, but, (i) in case of such annual operating budgets Within 10Qs, no later than within 45 days prior to of the FYE but evidence last day of board approval to be delivered by September 15 the first three fiscal quarter ends of such each fiscal year, and (2) in case of 10Ks, no later than 90 days of the last day of each fiscal year Yes No Monthly Compliance Certificate showing compliance with Liquidity ratio Monthly within 15 days if Advances or Letters of Credit are outstanding at month-end Yes No Transaction Report (and schedules attached thereto) (i) with each request for an Advance, (ii) no later than 5:00 p.m. Pacific time Monday of any legal actions pending each week immediately following a week when Liquidity is less than the Liquidity Threshold, and (iii) within twenty (20) days after the end of each month when Liquidity is greater than or threatened in writing against equal to the Liquidity Threshold. Yes No Material Litigation report Promptly Yes* No Annual board approved financial projections Annually within 60 days of fiscal year end Yes No *If yes, attached is a summary of the Material Litigation not previously disclosed by Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes NoSubsidiaries.

Reporting Covenant Required Complies. Transaction Report Borrowing Base Report, Domestic A/R Agings, A/P Agings, Deferred Revenue Report, transaction reports, and unbilled accounts report (in connection i) with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end Advance, (ii) when a Streamline Period is in effect for 6 months and (A) when no Advances are outstanding under the Revolving Line or have been requested, within forty-five (45) days after the Effective Date last day of each fiscal quarter of Borrower and each month thereafter(B) when Advances are outstanding under the Revolving Line or have been requested, within 20 thirty (30) days after the last day of month end each month, and (iii) when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when a Streamline Period is not in effect effect, (A) when no Advances are outstanding under the Revolving Line or have been requested, within forty-five (45) days after the last day of each fiscal quarter of Borrower and (B) when Advances are outstanding under the Revolving Line or have been requested, no later than Friday of each week Yes No Cash holdings report Within 30 (i) when no Advances are outstanding under the Revolving Line or have been requested, within forty-five (45) days after the last day of month end each fiscal quarter of Borrower and (ii) when Advances are outstanding under the Revolving Line or have been requested, within thirty (30) days after the last day of each month, a cash holdings report Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 (i) when no Advances are outstanding under the Revolving Line or have been requested, within forty-five (45) days after the last day of each fiscal quarter of Borrower and (ii) when Advances are outstanding under the Revolving Line or have been requested, within thirty (30) days after the last day of each month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Certificate, 10Q, 10K and 8-K Within 5 days of filings with the SEC but no later than 90 days after FYE Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within the earlier to occur of 45 days prior to the after FYE but evidence or 10 days after approval by Parent’s Board of board approval to be delivered by September 15 of such fiscal year Directors Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No

Reporting Covenant Required Complies. Transaction Borrowing Base Report (in connection with Advanceand any other schedules and reports related thereto as Agent may reasonably request, including, without limitation, a detailed accounts receivable ledger report) With each request for an Advance Yes No Monthly Transaction Report Within Advance, monthly within 30 days of month end when Streamline Period is in effect for 6 months after Credit Extensions are outstanding under the Effective Date and each month thereafterRevolving Line, and, when no Credit Extensions are outstanding under the Revolving Line, monthly within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than or quarterly within 45 days after fiscal quarter end (subject to Section 6.2(a)) Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No payable & receivable items, check registers, general ledger, & reconciliations Monthly Borrowing Base Reports Within within 30 days of month end when Streamline Period is in effect Credit Extensions are outstanding under the Revolving Line, and, when no Credit Extensions are outstanding under the Revolving Line, monthly within 30 days of month end or quarterly within 45 days after fiscal quarter end (subject to Section 6.2(b)) Yes No Weekly Borrowing Base Reports Borrower financial statements Quarterly within 45 days after quarter end Yes No later than Friday each week Compliance Certificates Monthly within 30 days of month end when Streamline Period is not in effect Credit Extensions are outstanding under the Revolving Line, and, when no Credit Extensions are outstanding under the Revolving Line, monthly within 30 days of month end or quarterly within 45 days after fiscal quarter end (subject to Section 6.2(d)) Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 120 days after FYE Yes No 10‑Q, 10‑K Annual budgets and 8-K projections Within 5 30 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year FYE and board approval of such annual operating budgets Within 45 days prior to the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly as amended/updated Yes No

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE (except for Parent’s audited consolidated annual financial statements covering Parent’s fiscal year ended June 27, 2014, which must be delivered on or before October 31, 2014) Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within 45 days prior to the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE (except for Parent’s audited consolidated annual financial statements covering Parent’s fiscal year ended June 27, 2014, which must be delivered on or before December 5, 2014) Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within 45 days prior to the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Audited annual financial statements 120 days after FYE Yes No Monthly Transaction Report Within financial statements 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Copies of management letters to or from Borrower’s auditors Promptly upon sending or receipt Yes No Form 10-K Annual Report, Form 10-Q Quarterly Report and Form 8-K concurrent with the date of filing with the Securities and Exchange Commission Yes No Annual financial statements with projections and budget 30 days of FYE Yes No Compliance Certificate 30 days after month end Yes No Domestic and EXIM Borrowing Base Certificates 10 days after the last day of the month Yes No Domestic A/R and A/P agings by invoice date, sales journal, and cash receipts journal 10 days after the last day of the month Yes No EXIM A/R by due date and A/P agings 10 days after the last day of the month Yes No Sell through reports 10 days after the last day of the month Yes No CPA prepared business tax returns Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within 45 days prior to the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within quarterly within the later of (x) 45 daysand (y) 5 days of Business Days after filing with the SEC, but no later than 45 days after fiscal quarter end SEC Yes No Monthly financial statements with Compliance Certificate Within 30 days within five (5) Business Days after delivery of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect QuarterlyFinancial Statements and Annual Financial Statements Yes No Annual financial statement statements (CPA Audited) + Compliance Certificate Within FYE within the later of (x) 65 (y) 5 days of filings Business Days after filing with the SEC but no later than 90 days after FYE Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 Business Days after filing withSEC Yes No A/R & A/P Agings (i) within forty-five (45) days after filing with SEC the end of each fiscal quarter when no Advances are outstanding under the Revolving Line or have been requested, (ii) within thirty (30) days after the end of each month when (A) Advances are outstanding under the Revolving Line or have been requested and (B) a Streamline Period is in effect or (iii) no later than Friday of each week when (A) a Streamline Period has not been in effect at any time during such month and (B) Advances are outstanding under the Revolving Line or have been requested Yes No Annual operating budgets for upcoming Borrowing Base Reports (i) within forty-five (45) days after the end of each fiscal year quarter when no Advances are outstanding under the Revolving Line or have been requested, (ii) within thirty (30) days after the end of each month when (A) Advances are outstanding under the Revolving Line or have been requested and board approval (B) a Streamline Period is in effect or (iii) no later than Friday of each week when (A) a Streamline Period has not been in effect at any time during such annual operating budgets Within 45 days prior to month and (B) Advances are outstanding under the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Revolving Line or have been requested Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Board approved projections FYE within 30 days and as amended/updated Yes No

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Monthly consolidated and consolidating financial statements – Borrower prepared Monthly within 30 days when not on a Quarterly Streamline Period Yes No Monthly Transaction Report Within Quarterly consolidated financial statements Quarter end within 30 days of month end when for each quarterly period in which Borrower is in a Quarterly Streamline Period and is not required to file with the SEC Yes No Quarterly consolidating financial statements – Borrower prepared Quarter end within 30 days for each quarterly period in which Borrower is in effect for 6 months a Quarterly Streamline Period Yes No Compliance Certificate (i) during a Quarterly Streamline Period, within thirty (30) days after the Effective Date end of each quarter, and each month thereafter, within 20 days of month end (ii) at all other times when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when a Quarterly Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SECeffect, but no later than 45 monthly, within thirty (30) days after fiscal quarter the end Yes No Monthly financial statements with Compliance Certificate Within 30 days of each month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 (on a consolidated basis) FYE within 120 days of filings for each FYE in which Borrower is not required to file with the SEC but no later than 90 days after FYE Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets A/R & A/P Agings (i) during a Quarterly Streamline Period, within thirty (30) days after the end of each quarter, and (ii) at all other times when a Quarterly Streamline Period is not in effect, monthly, within thirty (30) days after the end of each month Yes No Transaction Reports (i) with each request for upcoming fiscal year an Advance; (ii) during a Quarterly Streamline Period, quarterly, within thirty (30) days after the end of each quarter; (iii) during a Monthly Streamline Period, monthly, within thirty (30) days after the end of each month; and board approval (iii) weekly, on the last business Day of such annual operating budgets Within 45 each week when a Streamline Period is not in effect Yes No Projections within thirty (30) days prior to the FYE but evidence end of board approval to be delivered by September 15 of such each fiscal year of Borrower and as updated and/or amended Yes No Report The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”) * See Section 6.9(a) of any legal actions pending or threatened in writing against Borrower or any the Loan and Security Agreement ** See Section 6.9(b) of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes NoLoan and Security Agreement

Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Monthly consolidated and consolidating financial statements - Borrower prepared Monthly within 30 days when not on a Quarterly Streamline Period Yes No Monthly Transaction Report Within Quarterly consolidated financial statements Quarter end within 30 days of month end when for each quarterly period in which Borrower is in a Quarterly Streamline Period and is not required to file with the SEC Yes No Quarterly consolidating financial statements – Borrower prepared Quarter end within 30 days for each quarterly period in which Borrower is in effect for 6 months a Quarterly Streamline Period Yes No Compliance Certificate (i) during a Quarterly Streamline Period, within thirty (30) days after the Effective Date end of each quarter, and each month thereafter, within 20 days of month end (ii) at all other times when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when a Quarterly Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SECeffect, but no later than 45 monthly, within thirty (30) days after fiscal quarter the end Yes No Monthly financial statements with Compliance Certificate Within 30 days of each month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 (on a consolidated basis) FYE within 120 days of filings for each FYE in which Borrower is not required to file with the SEC but no later than 90 days after FYE Yes No 10‑Q10-Q, 10‑K 10-K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets A/R & A/P Agings (i) during a Quarterly Streamline Period, within thirty (30) days after the end of each quarter, and (ii) at all other times when a Quarterly Streamline Period is not in effect, monthly, within thirty (30) days after the end of each month Yes No Transaction Reports (i) with each request for upcoming fiscal year an Advance; (ii) during a Quarterly Streamline Period, quarterly, within thirty (30) days after the end of each quarter; (iii) during a Monthly Streamline Period, monthly, within thirty (30) days after the end of each month; and board approval (iii) weekly, on the last business Day of such annual operating budgets Within 45 each week when a Streamline Period is not in effect Yes No Projections within thirty (30) days prior to the FYE but evidence end of board approval to be delivered by September 15 of such each fiscal year of Borrower and as updated and/or amended Yes No Report The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”) * See Section 6.9(a) of any legal actions pending or threatened in writing against Borrower or any the Loan and Security Agreement ** See Section 6.9(b) of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes NoLoan and Security Agreement