Schedules; Borrowing Base Certificate. Deliver to Agent (i) on or before Wednesday of each Week, a Borrowing Base Certificate in form and substance satisfactory to Agent (which shall be calculated as of the last day of the prior Week and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreement, and (ii) on or before the fifteenth (15th) day of each month as and for the prior month (a) accounts receivable ageings inclusive of reconciliations to the general ledger, (b) accounts payable schedules inclusive of reconciliations to the general ledger, and (c) Inventory reports, all of which shall be in form and substance satisfactory to Agent and which shall be calculated as of the last day of the prior month and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreement. In addition, Borrower will deliver to Agent at such intervals as Agent may reasonably require: (i) confirmatory assignment schedules, (ii) copies of Customer’s invoices, (iii) evidence of shipment or delivery, and (iv) such further schedules, documents and/or information regarding the Collateral as Agent may require including trial balances and test verifications. Agent shall have the right to confirm and verify all Receivables by any manner and through any medium it considers advisable and do whatever it may deem reasonably necessary to protect its interests hereunder. The items to be provided under this Section are to be in form satisfactory to Agent and executed by Borrower and delivered to Agent from time to time solely for Agent’s convenience in maintaining records of the Collateral, and Borrower’s failure to deliver any of such items to Agent shall not affect, terminate, modify or otherwise limit Agent’s Lien with respect to the Collateral.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (TCP International Holdings Ltd.), Revolving Credit and Security Agreement (TCP International Holdings Ltd.)
Schedules; Borrowing Base Certificate. Deliver to Agent (i) after the occurrence of and during the continuance of a Trigger Event on or before Wednesday Tuesday of each Week, a Borrowing Base Certificate in form week as and substance satisfactory to Agent (which shall be calculated as of the last day of for the prior Week week and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreementat all other times, and (ii) on or before the fifteenth twentieth (15th20th) day of each month as and for the prior month (a) accounts receivable ageings inclusive of reconciliations to the general ledger, (b) accounts payable schedules inclusive of reconciliations to the general ledger, and (c) Inventory reports, all of which shall be a Borrowing Base Certificate in form and substance satisfactory to Agent and (which shall be calculated as of the last day of the prior month or week, as applicable, and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreement), and, whenever a weekly reporting is required under this Section 9.2, (ii) on or before Tuesday of each week, a sales report / roll forward for the prior week. In addition, each Borrower will deliver to Agent at such intervals as Agent may reasonably require: (i) confirmatory assignment schedules, ; (ii) copies of Customer’s invoices, ; (iii) evidence of shipment or delivery, ; and (iv) such further schedules, documents and/or information regarding the Collateral as Agent may require including trial balances and test verifications. Agent shall have the right to confirm and verify all Receivables by any manner and through any medium it considers advisable and do whatever it may deem reasonably necessary to protect its interests hereunder. The items to be provided under this Section are to be in form satisfactory to Agent and executed by each Borrower and delivered to Agent from time to time solely for Agent’s convenience in maintaining records of the Collateral, and any Borrower’s failure to deliver any of such items to Agent shall not affect, terminate, modify or otherwise limit Agent’s Lien with respect to the Collateral. Unless otherwise agreed to by Agent, the items to be provided under this Section 9.2 shall be delivered to Agent by the specific method of Approved Electronic Communication designated by Agent.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Universal Logistics Holdings, Inc.)
Schedules; Borrowing Base Certificate. Deliver to Agent (i) on or before Wednesday of each Week, a Borrowing Base Certificate in form and substance satisfactory to Agent (which shall be calculated as of the last day of the prior Week and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreement, and (ii) on or before the fifteenth (15th) day of each month as and for the prior month (a) accounts receivable ageings inclusive of reconciliations to the general ledgera Borrowing Base Certificate; provided, however, Borrower may submit a Borrowing Base Certificate more frequently, (b) accounts payable schedules inclusive of reconciliations receivable ageings in substantially the form delivered to Agent prior to the general ledgerEffective Date, and (c) Inventory reports, all Schedule of which shall be Receivables ("Schedule of Receivables") substantially in the form and substance satisfactory detail of an IBJS Lending Base Worksheet with such changes as Agent may, from time to Agent and time, request, (d) a schedule of loans made by Borrower to its Clients which shall be calculated as are secured by Client Funded Equipment stating the name of the last day Client to which such loans are made and the dollar amount thereof and (e) a schedule of loans made by Borrower to its Clients which are secured by Eligible Client Funded Inventory stating the name of the prior month Client to which such loans are made and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreementthe dollar amount thereof. In addition, Borrower will deliver to Agent at such intervals as Agent may reasonably requirerequire following the occurrence and during the continuation of an Event of Default: (i) confirmatory assignment schedules, (ii) copies of Customer’s Client's invoices, (iii) evidence of shipment or deliverydelivery of goods, and (iv) such further schedules, documents and/or information regarding the Collateral as Agent may require including including, without limitation, trial balances and test verifications. Agent shall have the right to confirm and verify all Receivables in writing, or upon the occurrence and during the continuation of an Event of Default, by any manner and through any medium it considers advisable and do whatever it may deem reasonably necessary to protect its interests hereunder. The items to be provided under the second sentence of this Section are are, when required to be delivered under such sentence, to be in form satisfactory to Agent and executed when appropriate by Borrower and delivered to Agent from time to time solely for Agent’s 's convenience in maintaining records of the Collateral, and Borrower’s 's failure to deliver any of such items to Agent shall not affect, terminate, modify or otherwise limit Agent’s 's Lien with respect to the Collateral.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Allstate Financial Corp /Va/)
Schedules; Borrowing Base Certificate. Deliver to Agent (i) on or before Wednesday of each Week, a Borrowing Base Certificate in form and substance satisfactory to Agent (which shall be calculated as of the last day of the prior Week and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreement, and (ii) on or before the fifteenth twentieth (15th20th) day of each month as and for the prior month (a) accounts receivable ageings inclusive of reconciliations to the general ledger, (b) accounts payable schedules inclusive of reconciliations to the general ledger, and (c) Inventory reports, all of which shall be in form and substance satisfactory to Agent and which shall be calculated as of the last day of the prior month and which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreement. In addition, Borrower Borrowers will deliver to Agent at such intervals as Agent may reasonably require: (i) confirmatory assignment schedules, (ii) copies of Customer’s invoices, (iiiii) evidence of shipment or delivery, and (iv) such further schedules, documents and/or information regarding the Collateral as Agent may require including trial balances and test verifications. Agent shall have the right to confirm and verify all Receivables by any manner and through any medium it considers advisable and do whatever it may deem reasonably necessary to protect its interests hereunder. The items to be provided under this Section are to be in form satisfactory to Agent and executed by Borrower Borrowers and delivered to Agent from time to time solely for Agent’s convenience in maintaining records of the Collateral, and Borrower’s Borrowers’ failure to deliver any of such items to Agent shall not affect, terminate, modify or otherwise limit Agent’s Lien with respect to the Collateral.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (TCP International Holdings Ltd.)