SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar month, and at such other times as may be requested by Bank from time to time hereafter, Borrower shall deliver to Bank (i) a schedule identifying each Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank (with evidence of shipment attached) pertaining to each such Account, for the month (or other applicable period) immediately preceding; (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank may from time to time require. Bank, through its officers, employees or agents, shall have the right, at any time and from time to time in Bank's name, in the name of a nominee of Bank or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse Bank, on demand, for all costs, fees and expenses incurred by Bank in this regard. (b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. --------- (c) All schedules, certificates, reports, and other items delivered by Borrower to Bank hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank shall specify.
Appears in 3 contracts
Samples: Loan and Security Agreement (Empire of Carolina Inc), Loan and Security Agreement (Empire of Carolina Inc), Loan and Security Agreement (Empire of Carolina Inc)
SCHEDULES AND REPORTS. (a) Within ten (10) days Business Days after the close of each calendar month, and at such other times as may be reasonably requested by Bank from time to time hereafter, Borrower shall deliver to Bank (i) a schedule identifying each Account and which Accounts constitute Eligible Accounts together with an aging with respect to each Account and copies of the invoices when requested by Bank (with evidence of shipment attached) pertaining to each such Account, Eligible Account for the month (or other applicable period) immediately preceding; and (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank may from time to time require. Bank, through its officers, employees or agents, shall have the right, at any time and from time to time in Bank's name, in the name of a nominee of Bank or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse Bank, on demand, for all costs, fees and expenses incurred by Bank in this regard.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course excess of business) and which exceeds $50,000.00. ---------25,000.
(c) All schedules, certificates, reports, reports and other items delivered by Borrower to Bank hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank shall specify.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amcon Distributing Co), Loan and Security Agreement (Amcon Distributing Co)
SCHEDULES AND REPORTS. (a) Each Account Owner shall deliver to the Agent no less frequently than weekly, on each Monday for the previous week, in each case by facsimile transmission, a borrowing base certificate of such Account Owner for such week, in form and substance satisfactory to the Agent, together with report of such Account Owner's sales, collections, debit and credit adjustments for such week, and a report of such Account Owner's Eligible Unbilled Accounts and Unbilled Accounts for such week.
(b) Within ten fifteen (1015) days after the close of each calendar month, and at such other times as may be requested by Bank the Agent from time to time hereafter, Borrower each Account Owner shall deliver to Bank the Agent a borrowing base certificate of such Account Owner for such month, in form and substance satisfactory to the Agent, together with (i) a schedule identifying by age each Account and which Unbilled Account of such Account Owner, a reconciliation thereof with such Accounts constitute Eligible and Unbilled Accounts as set forth in the previous such schedule delivered to the Agent, together with copies of the invoices when requested by Bank (with evidence of shipment attached) the Agent pertaining to each such Account, for the month (or other applicable period) immediately preceding; , (ii) a schedule identifying by age each account payable of such Account Owner for the month (or other applicable period) immediately preceding, (iii) a "flash" report of the previous month's activities, including revenue, headcount, material contracts for which bids have been accepted or rejected, and Billability for such month, (iv) such additional schedules, certificates, reports and information with respect to the Collateral of such Account Owner as Bank the Agent may from time to time requirerequire and (v) an assignment of any or all items of Collateral of such Account Owner to the Agent. BankThe Agent, through its officers, employees or agents, shall have the right, at any time and from time to time in Bank's its name, in the name of a its nominee of Bank or in Borrowereach Account Owner's name, to verify the validity, amount or any other matter relating to any of Borrowersuch Account Owner's Accounts, by mail, telephone, telegraph or otherwise. Borrower Each Account Owner shall reimburse Bankthe Agent, on demand, for all reasonable costs, fees and expenses incurred by Bank the Agent in this regard.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------
(c) All schedules, certificates, reports, reports and assignments and other items delivered by Borrower each Account Owner to Bank the Agent hereunder shall be executed by an authorized representative of Borrower such Account Owner and shall be in such form and contain such information as Bank the Agent shall specifyreasonably request.
(d) Each Account Owner shall deliver from time to time such other schedules and reports pertaining to the Collateral of such Account Owner as the Agent may reasonably request.
Appears in 1 contract
Samples: Loan and Security Agreement (Smith Environmental Technologies Corp /De/)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar month, and at such other times as may be requested by Bank Lender from time to time hereafter, Borrower shall deliver to Bank Lender (i) a schedule identifying each Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank Lender (with evidence of shipment attached) pertaining to each such Account, for the month (or other applicable period) immediately preceding; and (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank Lender may from time to time require. BankLender, through its officers, employees or agents, shall have the right, at any time and from time to time in BankLender's name, in the name of a nominee of Bank Lender or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise, provided, that prior to the occurrence of an Event of Default, Lender shall conduct such verification in the name of a nominee of Lender or in Borrower's name. Borrower shall reimburse Bank, on demand, for all All costs, fees and expenses incurred by Bank Lender in this regardregard shall constitute Liabilities, payable on demand and, until paid, shall bear interest at the highest rate then applicable to Loans hereunder.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to BankLender, at least once a month (or more frequently when requested by BankLender), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank Lender of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------.
(c) All schedules, certificates, reports, reports and other items delivered by Borrower to Bank Lender hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank Lender shall specify.
Appears in 1 contract
Samples: Loan and Security Agreement (Singing Machine Co Inc)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar month, and at such other times as may be requested by Bank from time to time hereafter, Borrower shall deliver to Bank (i) a schedule identifying each Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank (with evidence of shipment attached) pertaining to each such Account, Account for the month (or other applicable period) immediately preceding; : and (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank may from time to time require. Bank, through its officers, employees or agents, shall have the rightfight, at any time and from time to time in Bank's name, in the name of a nominee of Bank or in Borrower's Borrowers name, to verify the validity, amount or any other matter relating to any of Borrower's Borrowers Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse Bank, on demand, for all costs, fees and expenses incurred by Bank in this regard.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Borrowers Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------.
(c) All schedules, certificates, reports, reports and other items delivered by Borrower to Bank hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank shall specify.
Appears in 1 contract
SCHEDULES AND REPORTS. Borrower shall furnish or cause to be furnished to Agent the following:
(a) Within ten Borrower shall provide Agent with a written report on Tuesday of each week hereafter, reflecting the activity of Borrower with respect to sales, collections of Accounts and credits issued by Borrower for the immediately preceding week. Such report shall be in a form and with such specificity as is satisfactory to Agent and shall contain such additional information as Agent may reasonably require concerning Accounts and Inventory included, described or referred to in such weekly report and any other documents in connection therewith requested by Agent, including without limitation but only if specifically requested by Agent, copies of all invoices prepared in connection with such Accounts.
(10b) As soon as practicable and in any event within thirty (30) days after following the close end of each calendar month, (i) statements of income and statements of cash flow of Borrower for each such month and for the period from the beginning of the then current Fiscal Year to the end of such month, (ii) balance sheets of Borrower as of the end of such month, and (iii) with respect to such statements of income and balance sheets, in comparative form, figures for the corresponding periods in the preceding Fiscal Year, all in reasonable detail and certified by the chief financial officer of Borrower that such statements fairly present the financial condition of Borrower in accordance with GAAP, subject to changes resulting from normal and recurring year-end adjustments that individually and in the aggregate are not material to the business of Borrower and the absence of footnotes, together with detailed computations of Borrower's compliance with the covenants set forth in this Agreement.
(c) As soon as practicable and in any event (1) on Tuesday of each week, a Borrowing Base Certificate (which shall be calculated as of the last day of the immediately preceding week and which shall not be binding upon Agent or restrictive of Agent's rights under this Agreement), and (2) within fifteen (15) days following the end of each calendar month and at such other times as may be requested by Bank Agent from time to time hereaftertime, Borrower shall deliver to Bank (i) when requested by Agent, a schedule identifying by age each Account and which Accounts constitute Eligible Accounts of Borrower together with copies of the invoices when requested by Bank (with evidence of shipment attached) pertaining to each such AccountAccount and a schedule identifying by age each account payable of Borrower, for the month (or other applicable period) immediately preceding; (ii) a detailed aged trial balance of Borrower's Accounts ("Accounts Trial Balance") in form and substance satisfactory to Agent in its reasonable discretion, including, without limitation, the names and addresses of all Account Debtors of Borrower, (iii) a summary and detail of accounts payable (such Accounts and accounts payable divided into such time intervals as Agent may require in its reasonable discretion), including a listing of any held checks, (iv) such additional schedules, certificates, reports and information with respect to the Collateral as Bank Agent may from time to time require; (v) a copy of any statement received by Borrower in connection with the Lockbox and/or the Blocked Account; (vi) an assignment of any or all items of Collateral to Agent and (vii) the general ledger inventory account balance, a perpetual inventory report and Agent's standard form of Inventory report then in effect, for Borrower by each category of Inventory, together with a description of the change in each category of Inventory, in each case, for such immediately preceding month (or other applicable period). BankAgent, through its officers, employees or agents, shall have the right, at any time and from time to time in BankAgent's name, in the name of a nominee of Bank Agent or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse BankAgent, on demand, for all reasonable costs, fees and expenses incurred by Bank Agent in this regard.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank Agent of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------).
(cd) As soon as practicable and in any event within ninety (90) days after the end of each Fiscal Year commencing with the Fiscal Year ending December 31, 2001 (i) statements of income of Borrower for such Fiscal Year, and a balance sheet of Borrower as of the end of such Fiscal Year, and (ii) statements of cash flow of Borrower for such Fiscal Year, all setting forth in comparative form, corresponding figures for the period covered by the preceding annual audit and as of the end of the preceding Fiscal Year, such statements to be presented in accordance with Borrower's normal method of accounting for Inventory and (if Borrower uses the LIFO method) on a pre-tax FIFO basis, all in reasonable detail and in accordance with GAAP and examined and reported on by independent certified public accountants of recognized national standing selected by Borrower and satisfactory to Agent, whose opinion shall be unqualified and shall be in accordance GAAP, in form and substance satisfactory to Agent.
(e) As soon as practicable and in any event not later than thirty (30) days prior to the beginning of each Fiscal Year commencing with the Fiscal Year ending December 31, 2002 projected balance sheets, statements of income and cash flow for Borrower, for each of the twelve (12) months during such Fiscal Year, which shall include the assumptions used therein, together with appropriate supporting details as requested by Agent (hereinafter referred to as "Projections").
(f) As soon as practicable and in any event within ten (10) days of delivery to Borrower, a copy of any letter issued by Borrower's independent public accountants or other management consultants with respect to Borrower's financial or accounting systems or controls, including all so-called "management letters".
(g) In conjunction with the delivery of the annual presentation of projections or budgets referred to in subparagraph (e) above, a letter signed by the president or a vice president of Borrower and by the treasurer, controller or chief financial officer of Borrower, describing, comparing and analyzing, in detail, all changes and developments between the anticipated financial results included in such projections or budgets and the historical financial statements of Borrower.
(h) As soon as practicable and in any event at the end of each Fiscal Year or as Agent may otherwise reasonably request (but, prior to the occurrence of an Event of Default, not more frequently than quarterly), a complete and accurate update of the Customer Lists.
(i) With reasonable promptness, such other business or financial data, reports, appraisals and projections as Agent may reasonably request. All financial statements delivered to Agent pursuant to the requirements of this paragraph 12 (except where otherwise expressly indicated) shall be prepared in accordance with GAAP as provided in this Agreement. Together with each delivery of financial statements required by SUBPARAGRAPHS (b) AND (d) above, Borrower shall deliver to Agent an officer's certificate in the form attached hereto as EXHIBIT D, which shall include a calculation of financial covenants in the schedule attached to such Officer's Certificate in form satisfactory to Agent. Together with each delivery of annual financial statements required by SUBPARAGRAPH (d) above, Borrower shall deliver to Agent a certificate of the accountants who performed the audit in connection with such statements stating that in making the audit necessary to the issuance of a report on such financial statements, they have obtained no knowledge of any Event of Default, or, if such accountants have obtained knowledge of an Event of Default, specifying the nature and period of existence thereof and such certificates shall contain or have appended thereto calculations which set forth Borrower's compliance with the financial covenants set forth herein.
(j) All schedules, certificates, reports, reports and assignments and other items delivered by Borrower to Bank Agent hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank Agent shall specifyreasonably request. Borrower shall deliver from time to time such other schedules and reports pertaining to the Collateral of Borrower as Agent may reasonably request.
Appears in 1 contract
Samples: Loan and Security Agreement (Security Capital Corp/De/)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar month, and at such other times as may be requested by Bank Agent from time to time hereafter, each Borrower shall deliver to Bank Agent (i) a schedule identifying each Eligible Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank Agent (with evidence of shipment attached) pertaining to each such Eligible Account, for the month (or other applicable period) immediately preceding; (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank Agent may from time to time require; and (iii) an assignment of any or all items of Collateral to Agent, for the benefit of Agent and Lenders. BankAgent, through its officers, employees or agents, shall have the right, at any time and from time to time in BankAgent's name, in the name of a nominee of Bank Agent or in either Borrower's name, to verify the validity, amount or any other matter relating to any of a Borrower's Accounts, by mail, telephone, telegraph or otherwise. Borrower shall Borrowers shall, jointly and severally, reimburse BankAgent, on demand, for all costs, fees and expenses incurred by Bank Agent in this regard. Agent shall furnish any such schedule or report in Agent's possession to each Lender upon request of any such Lender.
(b) Without limiting the generality of the foregoing, each Borrower shall deliver to BankAgent, at least once a month (or more frequently when requested by BankAgent), a report with respect to such Borrower's Inventory. Agent shall furnish any such schedule or report in Agent's possession to such Lenders upon request of any such Lender. Each Borrower shall immediately notify Bank Agent of any event causing loss or depreciation in value of such Borrower's Inventory in excess of $50,000 (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------).
(c) All schedules, certificates, reports, assignments and other items delivered by any Borrower to Bank Agent hereunder shall be executed by an authorized representative of such Borrower and shall be in such form and contain such information as Bank Agent shall specify.
Appears in 1 contract
Samples: Loan and Security Agreement (Empire of Carolina Inc)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar month, and at such other times as may be requested by Bank from time to time hereafter, Borrower shall deliver to Bank (i) a schedule identifying each Eligible Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank (with evidence of shipment attached) pertaining to each such Eligible Account, for the month (or other applicable period) immediately preceding; (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank may from time to time require; and (iii) an assignment of any or all items of Collateral to Bank. Bank, through its officers, employees or agents, shall have the right, at any time and from time to time in Bank's name, in the name of a nominee of Bank or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse Bank, on demand, for all costs, fees and expenses incurred by Bank in this regard.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------).
(c) All schedules, certificates, reports, and assignments and other items delivered by Borrower to Bank hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank shall specify.
Appears in 1 contract
Samples: Loan and Security Agreement (California Pro Sports Inc)
SCHEDULES AND REPORTS. (a) Within ten five (105) days after the close of each calendar monthweek, and at such other times as may be requested by Bank Lender from time to time hereafter, Borrower shall deliver to Bank Lender a Borrowing Base certificate for such week, which shall include calculations of the Borrowing Base (excluding reserves but including calculations --------------------------------------------- ROBEXXX, XXC. 1999 ANNUAL REPORT ON FORM 10-K Page 103 of 128 of Eligible Accounts, Eligible Inventory, Eligible Liquidation Inventory, Clearance Inventory, and Eligible Liquidation Real Estate) and shall otherwise be in form and substance satisfactory to Lender together with (i) an aged trial balance of Borrower's accounts that are payable as of the end of such week and (ii) a schedule identifying by age each Account and which Accounts constitute Eligible Accounts together with copies of a reconciliation thereof to the invoices when above Borrowing Base calculations. At such times as may be requested by Bank Lender from time to time hereafter, Borrower shall deliver to Lender (with evidence of shipment attached) pertaining to each such Account, for the month (or other applicable period) immediately preceding; (iiA) such additional schedules, certificates, reports and information with respect to the Collateral as Bank Lender may from time to time requirerequire and (B) a collateral assignment of any or all items of Collateral to Lender. BankLender, through its officers, employees or agents, shall have the right, at any time and from time to time in BankLender's name, in the name of a nominee of Bank Lender or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's the Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse BankLender, on demand, for all costs, fees and expenses incurred by Bank Lender in this regard.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to BankLender, at least once a month each of the following (each in such form as Lender from time to time may specify and (except as otherwise provided below) certified as to the accuracy thereof by any two of the following persons: President, Treasurer, Chief Financial Officer, or more frequently when requested Controller of Borrower):
(i) Within fifteen (15) days after the end of each month:
(A) A certificate (signed by Bank), a report with respect to the Borrower's President or Chief Financial Officer) concerning the Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------.
(cB) All schedules, certificates, reports, A written versus delivered sales summary.
(C) A monthly Inventory turns by department and other items delivered by Borrower to Bank hereunder shall be executed category report.
(D) A comparison of markets Gross Margin by an authorized representative of Borrower and shall be in such form and contain such information as Bank shall specifycategory.
(E) Major sales summary - sales totals by SKU range category.
(F) Deposit balances aging schedule summary/total page by region.
Appears in 1 contract
Samples: Post Petition Loan and Security Agreement (Roberds Inc)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar month, and at such other times as may be requested by Bank from time to time hereafter, Borrower shall deliver to Bank (i) a schedule identifying each Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank (with evidence of shipment attached) pertaining to each such Account, for the month (or other applicable period) immediately preceding; and (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank may from time to time require. Bank, through its officers, employees or agents, shall have the right, at any time and from time to time in Bank's name, in the name of a nominee of Bank or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise, provided that prior to the occurrence of an Event of Default, Bank shall conduct such verification in the name of a nominee of Bank or in Borrower's name. Borrower shall reimburse Bank, on demand, for all All costs, fees and expenses incurred by Bank in this regardregard shall constitute Liabilities, payable on demand and, until paid, shall bear interest at the highest rate then applicable to Loans hereunder.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------125,000.00.
(c) All schedules, certificates, reports, reports and other items delivered by Borrower to Bank hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank shall specify.
Appears in 1 contract
Samples: Loan and Security Agreement (Colonial Commercial Corp)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar month, and at such other times as may be requested by Bank Agent from time to time hereafter, Borrower shall deliver to Bank Agent (i) a schedule identifying each Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank Agent (with evidence of shipment attached) pertaining to each such Account, for the month (or other applicable period) immediately preceding; and (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank Agent may from time to time require. BankAgent, through its officers, employees or agents, shall have the right, at any time and from time to time in BankAgent's name, in the name of a nominee of Bank Agent or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse Bank, on demand, for all All costs, fees and expenses incurred by Bank Agent in this regardregard shall constitute Liabilities, payable on demand.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to BankAgent, at least once a month (or more frequently when requested by BankAgent), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank Agent of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course excess of business) and which exceeds $50,000.00. ---------100,000.00.
(c) All schedules, certificates, reports, reports and other items delivered by Borrower to Bank Agent hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank Agent shall specify.
Appears in 1 contract
Samples: Loan and Security Agreement (Amcon Distributing Co)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each calendar fiscal month, and at such other times as may be requested by Bank from time to time hereafter, Borrower shall deliver to Bank (i) a schedule identifying each Eligible Account and which Accounts constitute Eligible Accounts together with copies of the invoices when requested by Bank (with evidence of shipment attached) pertaining to each such Eligible Account, for the month (or other applicable period) immediately preceding; (ii) such additional schedules, certificates, reports and information with respect to the Collateral as Bank may from time to time require; and (iii) a collateral assignment of any or all items of Collateral to Bank. Bank, through its officers, employees or agents, shall have the right, at any time and from time to time in Bank's name, in the name of a nominee of Bank or in Borrower's name, to verify the validity, amount or any other matter relating to any of Borrower's Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse Bank, on demand, for all costs, fees and expenses incurred by Bank in this regard.
(b) Without limiting the generality of the foregoing, Borrower shall deliver to Bank, at least once a month (or more frequently when requested by Bank), a report with respect to Borrower's Inventory. Borrower shall immediately notify Bank of any event causing loss or depreciation in value of Borrower's Inventory (other than normal depreciation occurring in the ordinary course of business) and which exceeds $50,000.00. ---------).
(c) All schedules, certificates, reports, assignments and other items delivered by Borrower to Bank hereunder shall be executed by an authorized representative of Borrower and shall be in such form and contain such information as Bank shall specify.
Appears in 1 contract
Samples: Loan and Security Agreement (Plymouth Rubber Co Inc)