Common use of Reporting Covenants Required Complies Clause in Contracts

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 days of FYE YES NO Annual Business Plan (incl. operating budget) Earlier of (i) 30 days after FYE or (ii) 7 days of approval from BOD YES NO Audit Annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ ____________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ ____________________ YES NO

Appears in 2 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

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Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 days of FYE YES NO Annual Business Plan (incl. operating budget) Earlier of (i) 30 days after FYE or (ii) 7 days of approval from BOD YES NO intellectual property report Quarterly, within 30 days YES NO Audit Annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: $ ____________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: $ ____________________ YES NO

Appears in 2 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days YES NO Compliance Certificate Monthly, within 30 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 120 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings; future, rolling twelve (12) month xxxxxxxx report Monthly, within 30 days YES NO Annual Business Plan (incl. operating budget) Earlier of (i) By 2/15 YES NO Intellectual Property Report Quarterly within 30 days after FYE or (ii) 7 days of approval from BOD YES NO Audit Annual YES NO If Public: Semi-annual YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s 's cash and investments Amount: $ ____________________ YES NO Total amount of Borrower’s 's cash and Amount: $ YES NO investments maintained with Comerica Bank Total amount of Borrower's cash and investments maintained with Bank Bridge Bank, N.A. Amount: $ ____________________ YES NO REPORTING COVENANTS DESCRIPTION APPLICABLE Legal Action > $100,000 (Sect. 6.2(iv)) Notify promptly upon notice YES NO

Appears in 1 contract

Samples: Loan and Security Agreement (CareView Communications Inc)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days days* YES NO Compliance Certificate Monthly, within 30 days days* YES NO CPA Audited, Unqualified F/S (providedAnnually, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity by August 31 for (x) Borrower’s 2017 and 2018 fiscal yearsprior FY YES NO Borrowing Base Cert., and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annuallyinventory report Monthly, within 150 days of FYE 30 days** YES NO Annual Business Plan (incl. operating budget) Earlier Annually, by March 15 of (i) 30 days after FYE or (ii) 7 days of approval from BOD each FY YES NO Audit Annual Semi-annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: Amount $ __________________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: Amount $ __________________________ YES NONO * quarterly w/in 30 days during Limited Reporting Period ** not required during Limited Reporting Period.

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

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Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly*, within 30 25 days YES NO Compliance Certificate Monthly*, within 30 25 days YES NO CPA Audited, Unqualified F/S (provided, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity for (x) Borrower’s 2017 and 2018 fiscal years, and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annually, within 150 180 days of FYE YES NO Borrowing Base Cert., A/R & A/P Agings Monthly*, within 25 days YES NO Detailed Schedules re Applicable Bookings, Subscription Renewal Rate and Advance Rate calculations Monthly, within 25 days YES NO Annual Business Plan (incl. operating budget) Earlier of (i) Annually, within 30 days after of FYE or (ii) 7 days of approval from BOD YES NO IP Report Quarterly YES NO Audit Annual Semi-annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO * Quarterly if no outstanding Advances w/in past 30 days REQUIRED ACTUAL Net Cash Amount n/a $ — — Total amount of Borrower’s cash and investments Amount: n/a $ ____________________ ** YES NO investments Total amount of Borrower’s cash and > 50% of all accounts ** $ YES NO investments maintained with Bank Amount: $ ____________________ **Cash/investments outside of Bank must be less than 50% of all cash and investments REPORTING COVENANTS DESCRIPTION APPLICABLE Legal Action > $500,000 (Sect. 6.2(a)(iv)) Notify promptly upon notice YES NO

Appears in 1 contract

Samples: Loan and Security Agreement (Carbonite Inc)

Reporting Covenants Required Complies. Company Prepared Monthly F/S Monthly, within 30 days days* YES NO Compliance Certificate Monthly, within 30 days days* YES NO CPA Audited, Unqualified F/S (providedAnnually, however, notwithstanding the foregoing, such financial statements may include a going-concern comment or qualification with respect to Borrower’s liquidity by August 31 for (x) Borrower’s 2017 and 2018 fiscal yearsprior FY YES NO Borrowing Base Cert., and (y) if otherwise permitted by Bank via email confirmation in its reasonable discretion) Annuallyinventory report Monthly, within 150 days of FYE 30 days** YES NO Annual Business Plan (incl. operating budget) Earlier Annually, by March 15 of (i) 30 days after FYE or (ii) 7 days of approval from BOD each FY YES NO Audit Annual Semi-annual YES NO If Public: YES NO 10-Q Quarterly, within 5 days of SEC filing (50 days) YES NO 10-K Annually, within 5 days of SEC filing (95 days) YES NO Total amount of Borrower’s cash and investments Amount: Amount $ ____________________________ YES NO Total amount of Borrower’s cash and investments maintained with Bank Amount: Amount $ ____________________________ YES NONO * quarterly w/in 30 days during Limited Reporting Period ** not required during Limited Reporting Period.

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

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