SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each 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 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). (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. 9.
Appears in 1 contract
Samples: Loan and Security Agreement (Plymouth Rubber Co Inc)
SCHEDULES AND REPORTS. (a) Within ten five (105) days after the close of each fiscal monthcalendar week, 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 Eligible Account 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 Eligible 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 require; require and (iiiB) a collateral assignment of any or all items of Collateral to BankLender. 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 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). (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. 9.
Appears in 1 contract
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each fiscal month, and at such other times as may be requested by Bank from time to time hereafter, Each Borrower shall deliver to Bank Lender, on a weekly basis [or, if the Loans to any Borrower exceed sixty-five percent (i65%) of the Loan Availability for such Borrower or if the total outstanding balance on the Loans to the Borrowers and the aggregate undrawn face amount of the Letters of Credit issued for the account of Borrower exceed sixty-five percent (65%) of the Maximum Credit, on a daily basis], a collateral report (the "Collateral Report") describing all Accounts and Eligible Accounts created or acquired by such Borrower and all amounts collected by such Borrower on Accounts subsequent to the immediately preceding Collateral Report. In addition, each Borrower shall deliver to Lender on a weekly basis (or, if Lender has provided any Borrower with Loans based upon Eligible Inventory, on a daily basis in Lender's discretion) with a schedule identifying each Eligible Account together of Inventory owned by such Borrower and in such Borrower's possession valued on an average cost basis and in accordance with generally accepted accounting principles, information on all sales of or other reduction of and all additions to Inventory, all returns of Inventory, all credits issued by such Borrower and all complaints and claims against such Borrower in connection with Inventory subsequent to the immediately preceding Collateral Report. The Collateral Reports shall contain such additional information as Lender shall require. Each Borrower also shall furnish copies of any other reports or information concerning the invoices when Accounts and Inventory included, described or referred to in the Collateral Reports, including without limitation, but only if specifically requested by Bank (Lender, copies of all invoices prepared in connection 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 BankAccounts. BankLender, 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). (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. 9.from
Appears in 1 contract
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each fiscal month, and at such other times as may be requested by Bank from time to time hereafter, Borrower shall deliver to Bank Lender, on a monthly basis, a collateral report (the "Collateral Report") describing the aging of the Accounts, all Eligible Accounts created or acquired by Borrower subsequent to the immediately preceding Collateral Report, information in connection with any Account which has ceased to be an Eligible Account since the most recent Collateral Report, and information on all amounts collected by Borrower on Accounts subsequent to the immediately preceding Collateral Report; provided that (i) Lender reserves the right to require such report on a schedule identifying each Eligible Account together with copies of the invoices when weekly or more frequent basis at any time requested by Bank (with evidence of shipment attached) pertaining to each such Eligible Account, for the month (or other applicable period) immediately preceding; Lender and (ii) such report shall be required on a weekly basis at all times after the Maximum Loan Availability decreases below $1,000,000.00 unless otherwise agreed by Lender. The Collateral Reports shall contain such additional schedulesinformation as Lender shall require. Borrower shall also furnish copies of any other reports or information concerning the Accounts and Inventory included, certificates, reports and information with respect described or referred to in the Collateral as Bank may from time to time require; and (iii) a collateral assignment Reports, including, without limitation, but only if specifically requested by Lender, copies of any or all items of Collateral to Bankinvoices prepared in connection with Accounts. 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 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). (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. 9.
Appears in 1 contract
Samples: Loan and Security Agreement (Cet Environmental Services Inc)
SCHEDULES AND REPORTS. (a) Within ten (10) days after the close of each fiscal 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 Account 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; and (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, 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). (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. 9which exceeds $125,000.00.
Appears in 1 contract
Samples: Loan and Security Agreement (Colonial Commercial Corp)