Reports to Lender. On or before the 15th day of each month, (or by the 15th day following quarter end, as applicable) unless some other time is provided herein, Servicer shall prepare and deliver the following reports to Lender, or to such other person as Lender may designate, with respect to activity during the preceding month:
(a) Total Principal Report (Daily); NELNET LOAN SERVICES, INC. SERVICING AGREEMENT 11/13/2001 PAGE 7
(b) Interest Reconcile Report (Daily)
(c) Refund Reconcile Report (Daily);
Reports to Lender. (a) Whether or not Borrower is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, so long as the Loan remains outstanding, Borrower shall have its annual consolidated financial statements audited by a nationally recognized firm of independent registered accountants and its interim consolidated financial statements reviewed by a nationally recognized firm of independent registered accountants in accordance with Statement on Auditing Standards 100 issued by the American Institute of Certified Public Accountants (or any similar replacement standard). In addition, so long as the Loan is outstanding, Borrower shall furnish to Lender:
Reports to Lender. (a) The Borrower will furnish to the Lender a copy of all of the information and reports referred to below:
(i) within one hundred and five (105) days after the end of each fiscal year, annual reports of the Reporting Entity for such fiscal year containing the information that would have been required to be contained in an annual report on Form 10-K (or any successor or comparable form) if the Reporting Entity had been a reporting company under the Exchange Act, except to the extent permitted to be excluded by the SEC;
(ii) within sixty (60) days after the end of each of the first three (3) fiscal quarters of each fiscal year, quarterly reports of the Reporting Entity for such fiscal quarter containing the information that would have been required to be contained in a quarterly report on Form 10-Q (or any successor or comparable form) if the Reporting Entity had been a reporting company under the Exchange Act, except to the extent permitted to be excluded by the SEC; and
(iii) within fifteen (15) days after the time period specified in the SEC’s rules and regulations for filing current reports on Form 8-K, current reports of the Reporting Entity containing substantially all of the information that would be required to be filed in a current report on Form 8-K under the Exchange Act on the Closing Date if the Reporting Entity had been a reporting company under the Exchange Act. Notwithstanding the foregoing, such reports will not be required to contain financial information required by Rule 3-09, Rule 3-10 or Rule 3-16 of Regulation S-X. The financial statements, information and other documents required to be provided as described in this Section 6.04 may be those of (i) the Borrower or (ii) any direct or indirect parent of the Borrower (any such entity, a “Reporting Entity”), so long as in the case of clause (ii) such direct or indirect parent of the Borrower shall not conduct, transact or otherwise engage, or commit to conduct, transact or otherwise engage, in any material business or operations other than its direct or indirect ownership of all of the equity interests in, and its management, of the Borrower; provided that, if the financial information so furnished relates to such direct or indirect parent of the Borrower, the same is accompanied by a reasonably detailed description of the quantitative differences between the information relating to such parent, on the one hand, and the information relating to the Borrower and its Restricted Subsidiaries o...
Reports to Lender. On or about the 10th day of each month, Firstmark shall make available to Lender reports of activity with respect to the Services during the preceding month, as designated in the Servicing Guidelines. 2-7.
Reports to Lender. Report to Lender calculation of compliance or non-compliance with the covenants set forth in clauses (a), (b) and (c) above no later than thirty (30) days following the end of the applicable month; and
Reports to Lender. Borrower shall furnish to Lender the financial reports required to be submitted to Wachovia, as holder of the First Mortgage on the Lightstone Properties, within the time limits set forth in the First Mortgage and in any event, annual audited financial statements by March 1 in each year. This requirement shall continue whether or not the First Mortgage remains outstanding. If the First Mortgage is replaced by a new mortgage as the result of a Refinancing Event, Lender may, but shall not be required to, accept the reports to be
Reports to Lender. Deliver to the Lender the following reports:
(a) The Borrower's financial statements as follows:
(1) the first three (3) quarterly consolidated statements certified by the Borrower's chief financial officer within forty-five (45) days after the end of each calendar quarter; (2) year-end consolidated statements within ninety (90) days after Borrower's fiscal year-end, which statements shall be audited by an independent certified public accountant and include an unqualified opinion of such accountant, any management letter issued to the Borrower by such accountant and the Borrower's response to such management letter. All financial statements shall be prepared in accordance with GAAP consistently applied.
(b) The Borrower's quarterly report on Form 10-Q and annual report on Form 10-K as filed with the Securities and Exchange Commission within ten (10) days after filing.
(c) With the year-end financial statements required under Section 5.1(a)(3), a certificate of compliance with the requirements set forth in Sections 6.12, 6.13 and 6.14 of this Agreement signed by the Borrower's chief financial officer.
(d) Such other reports as may be reasonably requested by the Lender from time to time. All of the foregoing reports shall be in form and substance reasonably satisfactory to the Lender. If the reports are required to be audited by an independent certified public accountant, such independent certified public accountant shall be reasonably acceptable to the Lender.
Reports to Lender. On or about the 10th day of each month, Firstmark shall make available to Lender reports of activity with respect to the Services during the preceding month, as designated in the Servicing Guidelines. Additionally, on a monthly basis, Firstmark shall provide to Lender a report with respect to all complaints made by or on behalf of a Borrower under an Education Loan (both written and verbal) or group of Borrowers. With regard to any initial inquiry by Lender with respect to any errors, omissions or exceptions with respect to the servicing of any Education Loan, Firstmark will make commercially reasonable efforts to respond within a reasonably prompt timeframe. Firstmark shall use commercially reasonable efforts to resolve such error, omission or exception within a reasonably prompt timeframe, and to the reasonable satisfaction of Lender.
Reports to Lender. Deliver to Lender, in form and detail reasonably satisfactory to Lender, and in the number of copies Lender may reasonably request:
7 8 (1) as soon as available but no later than fifty (50) days after the end of each of the first three quarters of each fiscal year of Borrower, its balance sheet as of the end of such quarter, and its income statement, reconciliation of capital accounts and statement of sources and uses of funds for such quarter, and for the portion of the fiscal year ending with such quarter, all certified by a responsible officer of Borrower as fairly representing Borrower's financial condition and results of operations at the times and for the periods therein stated;
Reports to Lender. Furnish or cause to be furnished to Lender ----------------- directly:
(i) Annual Financial Statement. As soon as available and in any event within ninety (90) days after the end of each fiscal year of Borrower, a balance sheet of Borrower as at the end of such year and the related statements of income, retained earnings and cash flows of Borrower for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and accompanied by a report thereon of _____________________, Certified Public Accountants, or other independent public accountants of comparable recognized national standing, which report shall be unqualified as to scope of audit and shall state that such financial statements present fairly the 42 financial condition as at the end of such fiscal year, and the results of operations and cash flows for such fiscal year, of Borrower in accordance with GAAP consistently applied. Such financial statements shall be accompanied by a certificate of Borrower's controller (or comparable officer) attesting to Borrower's compliance with the financial covenants applicable to Borrower as set forth in Section 6.3 of this Agreement;
