Common use of Reporting Obligation Clause in Contracts

Reporting Obligation. So long as any Note shall remain unpaid or any Lender shall have any Commitment hereunder, the Borrower shall, unless the Majority Lenders shall otherwise consent in writing, furnish or cause to be furnished to the Administrative Agent in sufficient copies for each Lender, the following: (A) as soon as possible and in any event within ten days after the occurrence of each Event of Default or Unmatured Default with respect to any Covered Person continuing on the date of such statement, a statement of the Chief Financial Officer, Treasurer or Assistant Treasurer of such Person setting forth details of such Event of Default or Unmatured Default and the action which such Person proposes to take with respect thereto; and (B) immediately after the Borrower becomes aware of a failure to comply with the conditions of Section 7.03(c) hereof, notice of such failure; (ii) (A) as soon as available and in any event within fifty (50) days after the end of each of the first three Fiscal Quarters of each Fiscal Year of each Covered Person: (1) a copy of such Covered Person's Quarterly Report on Form 10-Q submitted to the Securities and Exchange Commission with respect to such quarter, or, if such Covered Person ceases to be required to submit such report, a consolidated balance sheet of such Covered Person as of the end of such Fiscal Quarter and consolidated statements of income and retained earnings and of cash flows of such Covered Person for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and duly certified (subject to year-end audit adjustments) by the Chief Financial Officer, Treasurer, Assistant Treasurer or Comptroller of such Covered Person as having been prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of the financial statements referred to in Sections 6.01(f); and (2) with respect to the Borrower, an unconsolidated balance sheet of the Borrower as of the end of such Fiscal Quarter and unconsolidated statements of income and retained earnings and of cash flows of the Borrower for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and accompanied by a certificate of a duly authorized officer of the Borrower stating that such financial statements were prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of financial statements referred to in Section 6.01(f) and (g) hereof; and

Reporting Obligation. So long as any Note (a) The Company shall remain unpaid or any Lender shall have any Commitment hereunder, the Borrower shall, unless the Majority Lenders shall otherwise consent in writing, furnish or cause to be furnished deliver to the Administrative Agent in sufficient copies for each LenderTrustee, the following: (A) as soon as possible and in any event within ten 15 calendar days after the occurrence Company would have been required to file with the SEC, copies of each Event its annual reports and of Default information, documents and other reports (or Unmatured Default with respect to any Covered Person continuing on the date copies of such statement, a statement portions of any of the Chief Financial Officerforegoing as the SEC may by rules and regulations prescribe) which the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act; provided, Treasurer however, that the Company shall not be required to deliver to the Trustee any material for which the Company has sought and received, or Assistant Treasurer of is at such Person setting forth details of such Event of Default or Unmatured Default and time seeking, confidential treatment by the action which such Person proposes to take with respect thereto; and (B) immediately after the Borrower becomes aware of a failure to SEC. The Company shall also comply with the conditions other provisions of Section 7.03(c314(a) hereofof the TIA. The Trustee shall transmit to Holders such reports concerning the Trustee and its actions under this Indenture as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. If required by Section 313 (a) of the Trust Indenture Act, the Trustee shall, within 60 days after each May 15 following the Closing Date under this Indenture deliver to Holders a brief report, dated as of such May 15, which complies with the provisions of such Section 313(a). A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each stock exchange, if any, upon which the Notes are listed, with the SEC and with the Company. The Company will promptly notify the Trustee in writing when the Notes are listed on any stock exchange and of any delisting thereof. (b) Delivery of reports, information and other documents under this Section 4.07 to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of such failure; any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (ii) as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no responsibility or liability for the filing, timeliness or content of any report required under this Section 4.07 or any other reports, information and documents required under this Indenture (A) as soon as available and in aside from any event within fifty (50) days after report that is expressly the end of each responsibility of the first three Fiscal Quarters of each Fiscal Year of each Covered Person: (1) a copy of such Covered Person's Quarterly Report on Form 10-Q submitted Trustee, subject to the Securities and Exchange Commission with respect to such quarter, or, if such Covered Person ceases to be required to submit such report, a consolidated balance sheet of such Covered Person as of the end of such Fiscal Quarter and consolidated statements of income and retained earnings and of cash flows of such Covered Person for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and duly certified (subject to year-end audit adjustments) by the Chief Financial Officer, Treasurer, Assistant Treasurer or Comptroller of such Covered Person as having been prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of the financial statements referred to in Sections 6.01(fterms hereof); and (2) with respect to the Borrower, an unconsolidated balance sheet of the Borrower as of the end of such Fiscal Quarter and unconsolidated statements of income and retained earnings and of cash flows of the Borrower for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and accompanied by a certificate of a duly authorized officer of the Borrower stating that such financial statements were prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of financial statements referred to in Section 6.01(f) and (g) hereof; and.

Reporting Obligation. So long as any Note (a) The Company shall remain unpaid or any Lender shall have any Commitment hereunder, the Borrower shall, unless the Majority Lenders shall otherwise consent in writing, furnish or cause to be furnished deliver to the Administrative Agent in sufficient copies for each LenderTrustee, the following: (A) as soon as possible and in any event within ten 15 calendar days after the occurrence Company would have been required to file with the SEC, copies of each Event its annual reports and of Default information, documents and other reports (or Unmatured Default with respect to any Covered Person continuing on the date copies of such statement, a statement portions of any of the Chief Financial Officerforegoing as the SEC may by rules and regulations prescribe) which the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act; provided, Treasurer however, that the Company shall not be required to deliver to the Trustee any material for which the Company has sought and received, or Assistant Treasurer of is at such Person setting forth details of such Event of Default or Unmatured Default and time seeking, confidential treatment by the action which such Person proposes to take with respect thereto; and (B) immediately after the Borrower becomes aware of a failure to SEC. The Company shall also comply with the conditions other provisions of Section 7.03(c314(a) hereofof the TIA. The Trustee shall transmit to Holders such reports concerning the Trustee and its actions under this Indenture as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. If required by Section 313 (a) of the Trust Indenture Act, the Trustee shall, within 60 days after each May 15 following the Closing Date under this Indenture deliver to Holders a brief report, dated as of such May 15, which complies with the provisions of such Section 313(a). A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each stock exchange, if any, upon which the Notes are listed, with the SEC and with the Company. The Company will promptly notify the Trustee in writing when the Notes are listed on any stock exchange and of any delisting thereof. (b) Delivery of reports, information and other documents under this ‎Section 4.07 to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of such failure; any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (ii) as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no responsibility or liability for the filing, timeliness or content of any report required under this ‎Section 4.07 or any other reports, information and documents required under this Indenture (A) as soon as available and in aside from any event within fifty (50) days after report that is expressly the end of each responsibility of the first three Fiscal Quarters of each Fiscal Year of each Covered Person: (1) a copy of such Covered Person's Quarterly Report on Form 10-Q submitted Trustee, subject to the Securities and Exchange Commission with respect to such quarter, or, if such Covered Person ceases to be required to submit such report, a consolidated balance sheet of such Covered Person as of the end of such Fiscal Quarter and consolidated statements of income and retained earnings and of cash flows of such Covered Person for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and duly certified (subject to year-end audit adjustments) by the Chief Financial Officer, Treasurer, Assistant Treasurer or Comptroller of such Covered Person as having been prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of the financial statements referred to in Sections 6.01(fterms hereof); and (2) with respect to the Borrower, an unconsolidated balance sheet of the Borrower as of the end of such Fiscal Quarter and unconsolidated statements of income and retained earnings and of cash flows of the Borrower for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and accompanied by a certificate of a duly authorized officer of the Borrower stating that such financial statements were prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of financial statements referred to in Section 6.01(f) and (g) hereof; and.

Reporting Obligation. So long as any Note (a) The Company shall remain unpaid or any Lender shall have any Commitment hereunder, the Borrower shall, unless the Majority Lenders shall otherwise consent in writing, furnish or cause to be furnished deliver to the Administrative Agent in sufficient copies for each LenderTrustee, the following: (A) as soon as possible and in any event within ten 15 calendar days after the occurrence Company would have been required to file with the SEC, copies of each Event its annual reports and of Default information, documents and other reports (or Unmatured Default with respect to any Covered Person continuing on the date copies of such statement, a statement portions of any of the Chief Financial Officerforegoing as the SEC may by rules and regulations prescribe) which the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act; provided, Treasurer however, that the Company shall not be required to deliver to the Trustee any material for which the Company has sought and received, or Assistant Treasurer of is at such Person setting forth details of such Event of Default or Unmatured Default and time seeking, confidential treatment by the action which such Person proposes to take with respect thereto; and (B) immediately after the Borrower becomes aware of a failure to SEC. The Company shall also comply with the conditions other provisions of Section 7.03(c314(a) hereofof the TIA. The Trustee shall transmit to Holders such reports concerning the Trustee and its actions under this Indenture as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant thereto. If required by Section 313 (a) of the Trust Indenture Act, the Trustee shall, within 60 days after each May 15 following the Issue Date under this Indenture deliver to Holders a brief report, dated as of such May 15, which complies with the provisions of such Section 313(a). A copy of each such report shall, at the time of such transmission to Holders, be filed by the Trustee with each stock exchange, if any, upon which the Notes are listed, with the SEC and with the Company. The Company will promptly notify the Trustee in writing when the Notes are listed on any stock exchange and of any delisting thereof. (b) Delivery of reports, information and other documents under this ‎Section 4.07 to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of such failure; any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (ii) as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Trustee shall have no responsibility or liability for the filing, timeliness or content of any report required under this ‎Section 4.07 or any other reports, information and documents required under this Indenture (A) as soon as available and in aside from any event within fifty (50) days after report that is expressly the end of each responsibility of the first three Fiscal Quarters of each Fiscal Year of each Covered Person: (1) a copy of such Covered Person's Quarterly Report on Form 10-Q submitted Trustee, subject to the Securities and Exchange Commission with respect to such quarter, or, if such Covered Person ceases to be required to submit such report, a consolidated balance sheet of such Covered Person as of the end of such Fiscal Quarter and consolidated statements of income and retained earnings and of cash flows of such Covered Person for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and duly certified (subject to year-end audit adjustments) by the Chief Financial Officer, Treasurer, Assistant Treasurer or Comptroller of such Covered Person as having been prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of the financial statements referred to in Sections 6.01(fterms hereof); and (2) with respect to the Borrower, an unconsolidated balance sheet of the Borrower as of the end of such Fiscal Quarter and unconsolidated statements of income and retained earnings and of cash flows of the Borrower for the period commencing at the end of the previous Fiscal Year and ending with the end of such Fiscal Quarter, all in reasonable detail and accompanied by a certificate of a duly authorized officer of the Borrower stating that such financial statements were prepared in accordance with generally accepted accounting principles consistent with those applied in the preparation of financial statements referred to in Section 6.01(f) and (g) hereof; and.