Common use of Reports, Certifications and Other Information Clause in Contracts

Reports, Certifications and Other Information. Upon request of Agent and the Banks, the Borrower shall deliver, or cause to be delivered, to Agent and the Banks, within sixty (60) days after the end of each fiscal quarter (and if a default as set forth in Section 9 hereof shall have occurred and be continuing, within thirty (30) days after the end of each calendar month), a report of operating, management and administration fees paid by the Borrower or any Subsidiary during such quarter or month, together with statements setting forth the quantity of gas and oil transported through the Pipeline during such quarter or month, the price paid or to be paid for the transportation and compression of gas, and such other information as the Agent and the Banks may reasonably request. Within fifty-five (55) days after the end of each fiscal quarter of each fiscal year of the Borrower and the Subsidiaries, the Borrower shall furnish to Agent and each Bank such unaudited financial statements of the Borrower and the Subsidiaries ("Quarterly Reports") as Agent and the Banks shall request (consisting of at least a balance sheet as of the close of such quarter and a profit and loss statement and a statement of cash flow for such quarter and for the period from the beginning of the fiscal year to the close of such quarter), which statements shall be in such detail as Agent shall require, shall show the Borrower's and the Subsidiaries' financial conditions at the close of such fiscal quarter and the results of their operations for the period then ended (in each case prepared on a consolidated basis) and shall be prepared by the chief financial officer of the Borrower in accordance with GAAP consistently applied and certified by such officer, subject only to ordinary and usual year end audit adjustments. Within one hundred (100) days after the end of each fiscal year of the Borrower and the Subsidiaries, the Borrower shall furnish to Agent and the Banks a copy of the annual audited financial statements of the Borrower and the Subsidiaries prepared on a consolidated basis in conformity with GAAP consistently applied by certified public accountants satisfactory to Agent and the Banks and certified without qualification as to scope. The Borrower shall deliver to the Agent and the Banks, together with each delivery of financial statements required by this Section 5.8, a certificate substantially in the form of Exhibit "J" hereto, appropriately completed, (A) stating that the signer has reviewed the terms of this Agreement and of the other Loan Documents and has made, or caused to be made under his supervision, a review of the transactions and condition of the Borrower and the Subsidiaries during the accounting period covered by such financial statements and that such review has not disclosed the existence during such accounting period, and that the signer does not have knowledge of the existence, as at the date of such certificate, of any condition or event which constitutes a default under Section 9 hereunder with respect to the covenants set forth in Sections 5.15, 5.16 and 5.17 hereof, or which, after notice or lapse of time or both, would constitute a default with respect to the covenants set forth in Sections 5.15, 5.16 and 5.17 hereof, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Borrower has taken or are taking or propose to take with respect thereto, (B) demonstrating in reasonable detail compliance, as at the end of such accounting period, with the restrictions contained in Sections 5.15, 5.16 and 5.17 hereof and (C) setting forth in reasonable detail the amount of any management fees or similar advances made during the applicable accounting period. The Borrower shall give to the Agent and the Banks prompt notice in writing of the occurrence or existence of any default under Section 9 hereof, or of any event which, with the giving of notice or lapse of time or both would become such a default. At any time and from time to time, the Borrower will submit, or cause to be submitted, to the Agent and the Banks promptly, in such form as Agent and the Banks shall require, such other information relating to the financial affairs of the Borrower and the Subsidiaries, to the properties of the Borrower and the Subsidiaries including the Property, to the businesses of the Borrower and the Subsidiaries or otherwise as Agent and the Banks shall reasonably request.

Reports, Certifications and Other Information. Upon request of Agent and the BanksAgent, the Borrower shall deliver, or cause to be delivered, to Agent and the BanksAgent, within sixty (60) days after the end of each fiscal quarter (and if a default as set forth in Section 9 8 hereof shall have occurred and be continuing, within thirty (30) days after the end of each calendar month), a report of operating, management and administration fees paid by the to Borrower or any Subsidiary during such quarter or month, month together with statements setting forth the quantity of gas and oil produced from the Xxxxx and transported through the Pipeline during such quarter or month, the price paid or to be paid for such gas and oil and the transportation and compression of gasthereof, the Borrower's Proceeds (showing in detail the computation whereby the Borrower's Proceeds are determined) and such other information as Agent may request which may include but not be limited to a report prepared by Borrower showing the Agent performance of each Well on a quarterly or monthly, as the case may be, basis and the Banks may reasonably requeston a cumulative basis as well as such information as is customarily set forth in a meter statement. Within fifty-five sixty (5560) days after the end of each fiscal quarter of each fiscal year of the Borrower and the Subsidiaries, the Borrower shall furnish to Agent and each Bank such unaudited financial statements of the Borrower and the Subsidiaries ("Quarterly Reports") as Agent and the Banks shall request (consisting of at least a balance sheet as of the close of such quarter and a profit and loss statement and a statement of cash flow for such quarter and for the period from the beginning of the fiscal year to the close of such quarter), which statements shall be in such detail as Agent shall require, shall show the Borrower's and the Subsidiaries' financial conditions at the close of such fiscal quarter and the results of their operations for the period then ended (in each case prepared on a consolidated basis) and shall be prepared by the chief financial officer of Borrower and the Borrower Subsidiaries in accordance with GAAP generally accepted accounting principles, practices and procedures consistently applied and certified by such officer, subject only to ordinary and usual year end audit adjustments. Within one hundred twenty (100120) days after the end of each fiscal year of the Borrower and the Subsidiaries, the Borrower shall furnish to Agent and the Banks a copy of the annual audited financial statements of the Borrower and the Subsidiaries prepared on a consolidated basis in conformity with GAAP generally accepted accounting principles, practices and procedures consistently applied by XxXxxxxxxx & Xxxxxxx, or other certified public accountants satisfactory to Agent and the Banks and certified without qualification as to scope. The Borrower shall deliver to the Agent and the BanksAgent, together with each delivery of financial statements required by this Section 5.84.8, a certificate substantially in the form of Exhibit "JH" hereto, appropriately completed, (A) stating that the signer has reviewed the terms of this Agreement and of the other Loan Documents and has made, or caused to be made under his supervision, a review of the transactions and condition of the Borrower and the Subsidiaries during the accounting period covered by such financial statements and that such review has not disclosed the existence during such accounting period, and that the signer does not have knowledge of the existence, as at the date of such certificate, of any condition or event which constitutes a default under Section 9 8 hereunder with respect to the covenants set forth in Sections 5.154.16, 5.16 4.17, 4.18, and 5.17 5.12 hereof, or which, after notice or lapse of time or both, would constitute a default with respect to the covenants set forth in Sections 5.154.16, 5.16 4.17, 4.18, and 5.17 5.12 hereof, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Borrower has taken or are is taking or propose proposes to take with respect thereto, (B) demonstrating in reasonable detail compliance, compliance as at the end of such accounting period, period with the restrictions contained in Sections 5.154.16, 5.16 4.17, 4.18, and 5.17 5.12 hereof and (C) setting forth in reasonable detail (i) any advances or payments made with respect to intercompany notes or accounts during the accounting period covered by such financial statements together with the closing balance of each such note and account and the interest accrued thereon and (ii) the amount of any management fees or similar advances made during the applicable accounting period. The Borrower shall give to the Agent and the Banks prompt notice in writing of the occurrence or existence of any default under Section 9 hereof, or of any event which, with the giving of notice or lapse of time or both would become such a default. At any time and from time to time, the Borrower will submit, or cause to be submitted, to the Agent and the Banks promptly, in such form as Agent and the Banks shall require, such other information relating to the financial affairs of the Borrower and the Subsidiaries, to the properties of the Borrower and the Subsidiaries including the Property, to the businesses of the Borrower and the Subsidiaries or otherwise as Agent and the Banks shall reasonably request.

Reports, Certifications and Other Information. Upon request of Agent and the Banks, the Borrower Borrowers shall deliver, or cause to be delivered, to Agent and the Banks, within sixty (60) days after the end of each fiscal quarter (and if a default as set forth in Section 9 hereof shall have occurred and be continuing, within thirty (30) days after the end of each calendar month), a report of operating, management and administration fees paid by to the Borrower Borrowers or any Subsidiary during such quarter or month, month together with statements setting forth the quantity of gas and oil produced from the Xxxxx and the quantity of oil and gas transported through the Pipeline during such quarter or month, the price paid or to be paid for such gas and oil and the transportation and compression of gasthereof, the Borrowers' Proceeds (showing in detail the computation whereby the Borrowers' Proceeds are determined) and such other information as the Agent and the Banks may reasonably requestrequest which may include but not be limited to a report prepared by the Borrowers showing the performance of each Well and Partnership on a quarterly or monthly, as the case may be, basis and on a cumulative basis as well as such information as is customarily set forth in a meter statement. Within fifty-five (55) days after the end of each fiscal quarter of each fiscal year of the Borrower Borrowers and the Subsidiaries, the Borrower Borrowers shall furnish to Agent and each Bank such unaudited financial statements of the Borrower Borrowers and the Subsidiaries ("Quarterly Reports") as Agent and the Banks shall request (consisting of at least a balance sheet as of the close of such quarter and a profit and loss statement and a statement of cash flow for such quarter and for the period from the beginning of the fiscal year to the close of such quarter), which statements shall be in such detail as Agent shall require, shall show the Borrower's Borrowers' and the Subsidiaries' financial conditions at the close of such fiscal quarter and the results of their operations for the period then ended (in each case prepared on a consolidated Combined and a consolidating basis) and shall be prepared by the chief financial officer officers of the Borrower Borrowers and the Subsidiaries in accordance with GAAP consistently applied and certified by such officer, subject only to ordinary and usual year end audit adjustments. Within one hundred one hundred (100) days after the end of each fiscal year of the Borrower Borrowers and the Subsidiaries, the Borrower Borrowers shall furnish to Agent and the Banks a copy of the annual audited financial statements of the Borrower Borrowers and the Subsidiaries prepared on a consolidated Combined and a consolidating basis in conformity with GAAP consistently applied by certified public accountants satisfactory to Agent and the Banks and certified without qualification as to scope. The Borrower Borrowers shall deliver to the Agent and the Banks, together with each delivery of financial statements required by this Section 5.8, a certificate substantially in the form of Exhibit "JG" hereto, appropriately completed, (A) stating that the signer has reviewed the terms of this Agreement and of the other Loan Documents and has made, or caused to be made under his supervision, a review of the transactions and condition of the Borrower Borrowers and the Subsidiaries during the accounting period covered by such financial statements and that such review has not disclosed the existence during such accounting period, and that the signer does not have knowledge of the existence, as at the date of such certificate, of any condition or event which constitutes a default under Section 9 hereunder with respect to the covenants set forth in Sections 5.155.16, 5.16 5.17, 5.18, 5.19, and 5.17 6.12 hereof, or which, after notice or lapse of time or both, would constitute a default with respect to the covenants set forth in Sections 5.155.16, 5.16 5.17, 5.18, 5.19 and 5.17 6.12 hereof, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Borrower has Borrowers have taken or are taking or propose to take with respect thereto, (B) demonstrating in reasonable detail compliance, as at the end of such accounting period, with the restrictions contained in Sections 5.155.16, 5.16 5.17, 5.18, 5.19 and 5.17 6.12 hereof and (C) setting forth in reasonable detail (i) any advances or payments made with respect to intercompany notes or accounts during the accounting period covered by such financial statements together with the closing balance of each such note and account and the interest accrued thereon and (ii) the amount of any management fees or similar advances made during the applicable accounting period. The Borrower Borrowers shall give to the Agent and the Banks prompt notice in writing of the occurrence or existence of any default under Section 9 hereof, or of any event which, with the giving of notice or lapse of time or both would become such a default. At any time and from time to time, the Borrower Borrowers will submit, or cause to be submitted, to the Agent and the Banks promptly, in such form as Agent and the Banks shall require, such other information relating to the financial affairs of the Borrower Borrowers and the Subsidiaries, to the properties of the Borrower Borrowers and the Subsidiaries including the Property, to the businesses of the Borrower Borrowers and the Subsidiaries or otherwise as Agent and the Banks shall reasonably request.