Common use of SCHEDULES AND REPORTS Clause in Contracts

SCHEDULES AND REPORTS. (a) Each Borrower shall deliver to Lender, on a weekly basis [or, if the Loans to any Borrower exceed sixty-five percent (65%) 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 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 Accounts and Inventory included, described or referred to in the Collateral Reports, including without limitation, but only if specifically requested by Lender, copies of all invoices prepared in connection with the Accounts. Lender, through its officers, employees or agents, shall have the right, at any time and from (b) Without limiting the generality of the foregoing, each Borrower shall deliver to Lender, at least once a month (or more frequently when requested by Lender), a report describing its Eligible Accounts, non- Eligible Accounts, accounts payable, Inventory, and Eligible Inventory as well as containing an aging of its Accounts and accounts payable. Such report also shall reconcile the information described in SECTION 9(a) for the past month and describe the fuel taxes payable by such Borrower to any governmental authority. (c) All schedules, certificates, reports, and assignments and other items delivered by Borrowers to Lender hereunder shall be executed by an authorized representative of Borrowers and shall be in such form and contain such information as Lender shall specify.

Appears in 1 contract

Samples: Loan and Security Agreement (Triumph Fuels Corp)

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SCHEDULES AND REPORTS. (a) Each Borrower shall deliver At the end of each calendar week, upon each request for a Loan hereunder and at such other times as may be requested by Lender from time to Lendertime hereafter, on a weekly basis [or, if the Loans to any Borrower exceed sixty-five percent (65%) 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 (i) a weekly basis (orborrowing base certificate certified by an authorized officer of Borrower, if Lender has provided any Borrower with Loans based upon Eligible Inventory, on a daily basis in Lender's discretion) with which certificate includes a schedule identifying each Eligible Account together with copies of Inventory owned by the invoices, (with evidence of shipment attached provided such Borrower evidence is available to Borrower) pertaining to each such Eligible Account as well as daily, collections, cash receipts, credit 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 adjustment reports 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 appropriate supporting documentation; (ii) bank statements with Inventory subsequent respect to the immediately preceding Collateral Report. The Collateral Reports shall contain Deposit Account; and (iii) such additional schedules, certificates, reports and information with respect to the Collateral and Borrower collections as Lender shall may from time to time require. Each Borrower also shall furnish copies of any other reports or information concerning the Accounts and Inventory included, described or referred to in the Collateral Reports, including without limitation, but only if specifically requested by Lender, copies of all invoices prepared in connection with the Accounts. Lender, through its officers, employees or agents, shall have the right, at any time and fromfrom time to time in Lender's name, in the name of a nominee of 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. Borrower shall reimburse Lender, on demand, for all costs, fees and expenses incurred by Lender in this regard. Such weekly reports may be submitted by email or telecopy. (b) Without limiting the generality of the foregoing, each Borrower shall deliver to Lender, at least once a month, not later than the tenth (10th) day of each month (or more frequently when requested by Lender), a month-end borrowing base certificate, certified by an authorized officer of Borrower which reconciles to all month-end financial reports, an accounts receivable aging report describing its Eligible Accounts, non- Eligible Accounts, accounts payable, Inventory(aged by invoice date), and Eligible Inventory as well as containing an aging all appropriate supporting documentation. Lender and Borrower acknowledge and agree that Debtor Financing is in the form of its Accounts and accounts payable. Such report also shall reconcile customer contracts with Borrower wherein payments are made one time or two times per month with all payments due within twelve (12) months after the information described in SECTION 9(a) for the past month and describe the fuel taxes payable by such Borrower to any governmental authorityDebtor Financing is established. (c) All schedules, certificates, reports, and assignments and other items delivered by Borrowers Borrower to Lender hereunder shall be executed by an authorized representative of Borrowers Borrower and shall be in such form and contain such information as Lender shall specify.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Direct Response Financial Services Inc)

SCHEDULES AND REPORTS. (a) Each Borrower shall deliver to Lender, on a weekly basis [or, if the Loans to any Borrower exceed sixty-five percent (65%) 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 monthly basis], a collateral report (the "Collateral Report") describing the aging of the Accounts, all Accounts and Eligible Accounts created or acquired by such 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 such Borrower on Accounts subsequent to the immediately preceding Collateral Report. In addition, each Borrower ; provided that (i) Lender reserves the right to require such report on a weekly or more frequent basis at any time requested by Lender and (ii) such report shall deliver to Lender be required on a weekly basis (or, if Lender has provided any Borrower with Loans based upon Eligible Inventory, on a daily basis in at all times after the Maximum Loan Availability decreases below $1,000,000.00 unless otherwise agreed by Lender's discretion) with a schedule 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 shall also shall furnish copies of any other reports or information concerning the Accounts and Inventory included, described or referred to in the Collateral Reports, including including, without limitation, but only if specifically requested by Lender, copies of all invoices prepared in connection with the Accounts. Lender, through its officers, employees or agents, shall have the right, at any time and fromfrom time to time in Lender's name, in the name of a nominee of Lender or in Borrower's name, to verify the validity, amount or any other matter relating to any of the Accounts, by mail, telephone, telegraph or otherwise. Borrower shall reimburse Lender, on demand, for all costs, fees and expenses incurred by Lender in this regard. (b) Without limiting the generality of the foregoing, each Borrower shall deliver to Lender, at least lease once a month (or more frequently when requested by Lender), a report describing its Eligible Accounts, non- Eligible Accounts, accounts payable, Inventory, and Eligible Inventory as well as containing an aging of its with respect to Borrower's Accounts and accounts payable. Such report also shall reconcile Inventory reconciling the information described in SECTION paragraph 9(a) for the past month and describe the fuel taxes payable by such Borrower to any governmental authoritymonth. (c) All schedules, certificates, reports, and assignments and other items delivered by Borrowers Borrower to Lender hereunder shall be executed by an authorized representative of Borrowers Borrower and shall be in such form and contain such information as Lender shall specify.

Appears in 1 contract

Samples: Loan and Security Agreement (Cet Environmental Services Inc)

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SCHEDULES AND REPORTS. (a) Each Borrower shall deliver At the end of each month, upon each request for a Loan hereunder and at such other times as may be requested by Lender from time to Lendertime hereafter, on a weekly basis [or, if the Loans to any Borrower exceed sixty-five percent (65%) 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 (i) a weekly basis (orBorrowing Base Certificate certified by an authorized officer of Borrower, which certificate includes a schedule identifying each Eligible Order together with copies of the invoices, if requested by Lender has provided any Borrower (with Loans based upon evidence of shipment attached) pertaining to each such Eligible InventoryOrder as well as daily sales, on a daily basis in Lender's discretion) with a schedule of Inventory owned by such Borrower collections, cash receipts, credit 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 adjustment reports and all additions to Inventoryappropriate supporting documentation; and (ii) such additional schedules, all returns of Inventorycertificates, all credits issued by such Borrower reports and all complaints and claims against such Borrower in connection information with Inventory subsequent respect to the immediately preceding Collateral Report. The Collateral Reports shall contain such additional information as Lender shall may from time to time require. Each Borrower also shall furnish copies of any other reports or information concerning the Accounts and Inventory included, described or referred to in the Collateral Reports, including without limitation, but only if specifically requested by Lender, copies of all invoices prepared in connection with the Accounts. Lender, through its officers, employees or agents, shall have the right, at any time and fromfrom time to time in Lender’s name, in the name of a nominee of 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. Borrower shall reimburse Lender, on demand, for all costs, fees and expenses incurred by Lender in this regard. Borrower shall immediately notify 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). Such monthly reports may be submitted by telecopy, with originals to follow by U.S. Mail. (b) Without limiting the generality of the foregoing, each Borrower shall deliver to Lender, at least once a month, not later than the tenth (10th) day of each month (or more frequently when requested by Lender), a report describing its Eligible Accountsmonth-end EBITDA certificate, non- Eligible Accounts, accounts payable, Inventory, certified by an authorized officer of Borrower which reconciles to all month-end financial reports and Eligible Inventory as well as containing an aging which states the amount of its Accounts and accounts payable. Such report also shall reconcile the information described in SECTION 9(a) EBITDA for the past month and describe the fuel taxes payable by such Borrower to any governmental authorityprior month. (c) Without limiting the generality of the foregoing, Borrower shall deliver to Lender, at least once a month, not later than the tenth (10th) day of each month (or more frequently when requested by Lender), a month-end Borrowing Base Certificate, certified by an authorized officer of Borrower which reconciles to all month-end financial reports, an accounts receivable aging report (aged by invoice date), an accounts payable aging report (aged by invoice date) and all appropriate supporting documentation. (d) All schedules, certificates, reports, and assignments and other items delivered by Borrowers Borrower to Lender hereunder shall be executed by an authorized representative of Borrowers Borrower and shall be in such form and contain such information as Lender shall specify.

Appears in 1 contract

Samples: Loan Agreement (Sequiam Corp)

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