Common use of Reporting Requirements of the Borrower Clause in Contracts

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a). (b) At the same time each Monthly Report, Weekly Report or Daily Report, as applicable, is required to be delivered pursuant to the terms of clause (a) of Annex 5.02(a), a completed certificate in the form attached hereto as Exhibit 5.02(b) (each, a “Borrowing Base Certificate”), provided that if (i) an Incipient Termination Event or a Termination Event shall have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, in the event Borrowing Base Certificates are required to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Day. (c) Such other reports, statements and reconciliations with respect to the Obligors subject to the Specified Filing Documents, the Receivables (including the outstanding balance thereof) subject to the transactions contemplated by the Specified Filing Documents, the Borrowing Base or Borrower Collateral as any Lender, any Managing Agent or the Administrative Agent shall from time to time request in its reasonable discretion.

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a). (b) At the same time each Monthly Report, Weekly Report or Daily Report, as applicable, is required to be delivered pursuant to the terms of clause (a) of Annex 5.02(a), a completed certificate in the form attached hereto as Exhibit 5.02(b) (each, a “Borrowing Base Certificate”), provided that if (i) an Incipient Termination Event or a Termination Event shall have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, in the event Borrowing Base Certificates are required to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Day. (c) Such other reports, statements and reconciliations with respect to the Obligors subject to the Specified Filing Documents, the Receivables (including the outstanding balance thereof) subject to the transactions contemplated by the Specified Filing Documents, the Borrowing Base or Borrower Collateral as any Lender, any Managing Agent or the Administrative Agent shall from time to time request in its reasonable discretion.

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Closing Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents Agent and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a5.2 (a).. The Borrower hereby agrees to calculate or cause the Servicer to calculate the Fixed Charge Coverage Ratio in accordance with Annex V. (b) At the same time each Monthly Report, Report or Weekly Report or Daily Report, as applicable, other report is required to be delivered pursuant to the terms of clause subsection (a) of Annex 5.02(a5.2(a), a completed certificate in the form attached hereto as Exhibit 5.02(b5.2(b) (each, a “Borrowing Base Certificate”), provided that if ) (iwhich may be set forth as part of any such report) an Incipient Termination Event or a Termination Event shall have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, as applicable. Notwithstanding anything herein or in any other Transaction Document to the event contrary, delivery of a properly completed Monthly Report or Weekly Report in accordance with Annex 5.2(a) hereof shall be deemed to satisfy the requirement to deliver a Borrowing Base Certificates are required Certificate pursuant to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Dayimmediately preceding sentence. (c) Such other reports, statements and reconciliations with respect Notification to the Obligors subject to Administrative Agent in writing of any of the Specified Filing Documents, following events promptly upon (but in no event later than three (3) Business Days after) an Authorized Officer or other senior manager supervising the Receivables (including the outstanding balance thereof) subject to day-to-day management of the transactions contemplated under this Agreement and the other Transaction Documents having knowledge or receiving notice thereof, with such notice describing the same, and if applicable, the steps being taken by the Specified Filing DocumentsPerson(s) affected with respect thereto: (A) any Person shall obtain an Adverse Claim (other than a Permitted Encumbrance) upon any Borrower Collateral, (B) any Person other than the Borrower, the Borrowing Base or Borrower Collateral as any Lender, any Managing Agent Servicer or the Administrative Agent shall obtain any rights or direct any action with respect to any Lockbox (or related lock-box or post office box) or Account or (C) any Obligor shall receive any change in payment instructions with respect to a Receivable(s) from time a Person other than the Servicer or the Administrative Agent. In the event that any Lease Lien is not (or ceases to time request be) a Permitted Lease Lien, the Borrower shall notify the Administrative Agent in writing promptly following receipt by an Authorized Officer of the Borrower of notice thereof or an Authorized Officer of the Borrower having knowledge thereof. (d) Notification to the Administrative Agent in writing of any of the following events promptly upon (but in no event later than three (3) Business Days after) an Authorized Officer having knowledge thereof, with such notice describing the same, and if applicable, the steps being taken by the Person(s) affected with respect thereto: after the filing or receiving thereof, copies of all reports and notices that the Borrower or any ERISA Affiliate files with respect to any Plan pursuant to ERISA with the Internal Revenue Service, the Pension Benefit Guaranty Corporation or the U.S. Department of Labor or that the Seller or any Affiliate receives from any of the foregoing or from any multiemployer plan (within the meaning of section 4001(a)(3) of ERISA) to which the Borrower or any of its reasonable discretionAffiliates is or was, within the preceding five years, a contributing employer, in each case in respect of any Reportable Event that would, in the aggregate, result in a Material Adverse Effect.

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a). (b) At the same time each Monthly Report, Weekly Report or Daily Report, as applicable, is required to be delivered pursuant to the terms of clause (a) of Annex 5.02(a), a completed certificate in the form attached hereto as Exhibit 5.02(b) (each, a “Borrowing Base Certificate”), provided that if (i) an Incipient Termination Event or a Termination Event shall have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, in the event Borrowing Base Certificates are required to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Day. (c) Such other reports, statements and reconciliations with respect to the Obligors subject to the Specified Filing Documents, the Receivables (including the outstanding balance thereof) subject to the transactions contemplated by the Specified Filing Documents, the 744861979 10435078 Borrowing Base or Borrower Collateral as any Lender, any Managing Agent or the Administrative Agent shall from time to time request in its reasonable discretion.

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents Agent and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a). (b) At the same time each Monthly Report, Weekly Report or Daily Report, as applicable, is required to be delivered pursuant to the terms of clause (a) of Annex 5.02(a), a completed certificate in the form attached hereto as Exhibit 5.02(b) (each, a “Borrowing Base Certificate”), provided provided, that if (i) an Incipient Termination Event or a Termination Event shall have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, in the event Borrowing Base Certificates are required to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Day. (c) Such other reports, statements and reconciliations with respect to the Obligors subject to the Specified Filing DocumentsTranche A Borrowing Base, the Receivables (including the outstanding balance thereof) subject to the transactions contemplated by the Specified Filing Documents, the Tranche B Borrowing Base or Borrower Collateral as any Lender, any Managing Agent Lender or the Administrative Agent shall from time to time request in its reasonable discretion.

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents Agent and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a). (b) At the same time each Monthly Report, Weekly Report or Daily Report, as applicable, is required to be delivered pursuant to the terms of clause (a) of Annex 5.02(a), a completed certificate in the form attached hereto as Exhibit 5.02(b) (each, a “Borrowing Base Certificate”), provided provided, that if (i) an Incipient Termination Event or a Termination Event shall have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, in the event Borrowing Base Certificates are required to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Day. (c) Such other reports, statements and reconciliations with respect to the Obligors subject to the Specified Filing Documents, the Receivables (including the outstanding balance thereof) subject to the transactions contemplated by the Specified Filing Documents, the Borrowing Base or Borrower Collateral as any Lender, any Managing Agent Lender or the Administrative Agent shall from time to time request in its reasonable discretion.

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a). (b) At the same time each Monthly Report, Weekly Report or Daily Report, as applicable, is required to be delivered pursuant to the terms of clause (a) of Annex 5.02(a), a completed certificate in the form attached hereto as Exhibit 5.02(b) (each, a “Borrowing Base Certificate”), provided that if (i) an Incipient Termination Event or a Termination Event shall 727159853 10435078 33 have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, in the event Borrowing Base Certificates are required to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Day. (c) Such other reports, statements and reconciliations with respect to the Obligors subject to the Specified Filing Documents, the Receivables (including the outstanding balance thereof) subject to the transactions contemplated by the Specified Filing Documents, the Borrowing Base or Borrower Collateral as any Lender, any Managing Agent or the Administrative Agent shall from time to time request in its reasonable discretion.

Reporting Requirements of the Borrower. The Borrower hereby agrees that from and after the Effective Date until the Termination Date, it shall furnish or cause to be furnished to the Administrative Agent, the Managing Agents Agent and the Lenders: (a) The financial statements, notices, reports and other information at the times, to the Persons and in the manner set forth in Annex 5.02(a). (b) At No later than 11:00 a.m. on any Advance Date and at the same time each Monthly Report, Weekly Report or Daily Report, as applicable, is required to be delivered pursuant to the terms of clause (a) of Annex 5.02(a), a completed certificate in the form attached hereto as Exhibit 5.02(b) (each, a “Borrowing Base Certificate”), provided provided, that if (i) an Incipient Termination Event or a Termination Event shall have occurred and be continuing or (ii) the Administrative Agent, in good faith, believes that an Incipient Termination Event or a Termination Event is imminent or reasonably deems the Lenders’ rights or interests in the Transferred Receivables or the Borrower Collateral insecure, then such Borrowing Base Certificates shall be delivered daily; and each Borrowing Base Certificate shall be prepared by the Borrower or the Servicer as of the last day of the previous month or week, in the event Borrowing Base Certificates are required to be delivered on a monthly or weekly basis, and as of the close of business on the previous Business Day, in the event Borrowing Base Certificates are required to be delivered on each Business Day. (c) Such other reports, statements and reconciliations with respect to the Obligors subject to the Specified Filing Documents, the Receivables (including the outstanding balance thereof) subject to the transactions contemplated by the Specified Filing Documents, the Borrowing Base or Borrower Collateral as any Lender, any Managing Agent Lender or the Administrative Agent shall from time to time request in its reasonable discretion.