Increased Reporting Event definition
Examples of Increased Reporting Event in a sentence
Notwithstanding the foregoing, if an Increased Reporting Event has occurred and is continuing, instead of providing the Agent with a Borrowing Base Certificate on a monthly basis, the Borrower shall provide the Agent with a Borrowing Base Certificate on a weekly basis, on Wednesday of each week (as of the immediately preceding Saturday), commencing with the week in which the Increased Reporting Event occurs.
Without limiting the foregoing, the Loan Parties acknowledge that the Agent shall undertake one (1) commercial finance examination each Fiscal Year at the Loan Parties’ expense; provided that if an Increased Reporting Event has occurred in any Fiscal Year, the Agent may, in its Permitted Discretion, undertake up to two (2) commercial finance examinations at the Loan Parties’ expense in each such Fiscal Year.
Without limiting the foregoing, the Loan Parties acknowledge that the Agent shall undertake one (1) inventory appraisal each Fiscal Year at the Loan Parties’ expense; provided that if an Increased Reporting Event has occurred in any Fiscal Year, the Agent may, in its Permitted Discretion, undertake up to two (2) inventory appraisals at the Loan Parties’ expense in each such Fiscal Year.
The Lender shall not conduct more than One (1) such appraisals of the Collateral at the Borrower’s expense during any Twelve (12) month period during which this Agreement is in effect, unless an Event of Default has occurred and is continuing or an Increased Reporting Event has occurred and not been remedied, in which case the Lender in its discretion, may undertake additional such appraisals at the Borrower’s expense during such period as the Lender shall require.
Without limiting the foregoing, the Borrower acknowledges that the Agent may, in its discretion, undertake up to two (2) commercial finance examinations in any Fiscal year at the Borrower’s expense, provided that during the continuance of an Increased Reporting Event arising as a result of the Borrower’s failure to maintain the required Availability, the Agent may undertake up to three (3) commercial finance examinations in any Fiscal year at the Borrower’s expense.