Reporting Covenant Required Complies Sample Clauses
POPULAR SAMPLE Copied 1 times
Reporting Covenant Required Complies. Borrowing Base Certificate Monthly within 25 days of month end Yes No Quarterly financial statements with churn report and Compliance Certificate Quarterly within 50 days of quarter end Yes No Annual financial statements (CPA Audited) FYE within 120 days Yes No 10K and 10Q Within 5 days of filing Yes No A/R Audit Semi-annually Yes No IP Notices As required under Section 6.10 Yes No
Reporting Covenant Required Complies. Borrower prepared financial statements Quarterly within 45 days Yes No Compliance Certificate Quarterly within 45 days Yes No ▇▇▇▇▇ Fargo bank statements Monthly within 15 days Yes No A/R & A/P Agings Within 5 days of 15th and last day of each month Yes No Customer deposit listing Within 5 days of 15th and last day of each month Yes No Borrowing base certificate Within 5 days of 15th and last day of each month Yes No Inventory report Monthly within 15 days Yes No Offsite Inventory listing Monthly within 15 days Yes No Deferred revenue schedule Quarterly within 15 days Yes No Annual financial statements (CPA Audited) FYE within 120 days Yes No Annual financial projections and budget Annual within 30 days before FYE Yes No Federal Tax Returns Annual, within 15 days of filing Yes No 10K and 10Q (as applicable) Yes NO A/R Audit Initial and semi-annual Yes No IP Notices As required under Section 6.10 Yes No
Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + ▇▇ ▇▇▇ within 180 days Yes No A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash ³ $5,000,000 WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% Yes No No Net Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Yes No No The following Intellectual Property was registered (or a registration application submitted) after the Second Amendment Closing Date (if no registrations, state “None”) All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).
Reporting Covenant Required Complies. Transaction Report (in connection with Advance) With each request for an Advance Yes No Monthly Transaction Report Within 30 days of month end when Streamline Period is in effect for 6 months after the Effective Date and each month thereafter, within 20 days of month end when Streamline Period is in effect Yes No Weekly Transaction Report No later than Friday each week when Streamline Period is not in effect Yes No Cash holdings report Within 30 days of month end Yes No Quarterly financial statements with Compliance Certificate Within 5 days of filing with the SEC, but no later than 45 days after fiscal quarter end Yes No Monthly financial statements with Compliance Certificate Within 30 days of month end Yes No Monthly Borrowing Base Reports Within 30 days of month end when Streamline Period is in effect Yes No Weekly Borrowing Base Reports No later than Friday each week when Streamline Period is not in effect Yes No Annual financial statement (CPA Audited) + Compliance Certificate Within 5 days of filings with the SEC but no later than 90 days after FYE Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Annual operating budgets for upcoming fiscal year and board approval of such annual operating budgets Within 45 days prior to the FYE but evidence of board approval to be delivered by September 15 of such fiscal year Yes No Report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, $1,000,000 or more Promptly Yes No
Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual Projections FYE within 45 days Yes No 10-Q, 10-K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings, Deferred Revenue Report Monthly within 15 days Yes No Transaction Report (A) the more frequent of weekly or with each Advance request when there are Advances outstanding or (B) if there are no Advances outstanding, within fifteen (15) days after the end of each month Yes No
Reporting Covenant Required Complies. Quarterly financial statements with Compliance Certificate Quarterly within earlier of 5 days of filing 10Q or 50 days of quarter end Yes No Annual financial statement (CPA Audited) + CC within earlier of 5 days of filing 10K or 90 days of FYE Yes No
Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No
Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Quarterly financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings, and Deferred Revenue reports Monthly within 20 days Yes No Borrowing Base Reports 15th and last Business Day of each month (monthly within 20 days when a Streamline Period is in effect) and with each request for a Credit Extension; Yes No Projections FYE within 30 days Yes No
Reporting Covenant Required Complies. Quarterly financial statements with Compliance Certificate Quarterly within 45 days Yes No Annual financial statement (CPA Audited) + ▇▇ ▇▇▇ within 150 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No A/R & A/P Agings & Deferred Revenue Quarterly within 45 days Yes No Transaction Reports Monthly within 30 days (Quarterly within 45 days if no outstanding Credit Extensions) Yes No Projections FYE within 60 days Yes No The following Intellectual Property was registered after the Effective Date (if no registrations, state “None”)____________________________________________________________________________
Reporting Covenant Required Complies. Monthly financial statements Monthly within 20 days Yes No Financial Covenant Required Actual Complies ------------------ -------- ------ -------- Maintain on a Monthly Basis: Minimum Quick Ratio 0.7:1.0 ___:1.0 Yes No Maximum Debt/Tangible Net Worth 1.75:1.0 ___:1.0 Yes No Maximum Inventory Days Sales 9.0 ___ Yes No ---------------------------------- Comments Regarding Exceptions: See Attached BANK USE ONLY Received by: ------------------ Sincerely, AUTHORIZED SIGNER ------------------------------------------- SIGNATURE Date: ------------------------- ------------------------------------------- Verified: TITLE --------------------- AUTHORIZED SIGNER ------------------------------------------- DATE Date: ------------------------- Compliance Status: Yes No ---------------------------------- EXHIBIT C COMPLIANCE CERTIFICATE (Post Equity Event) TO: SILICON VALLEY BANK FROM: ONSALE, INC. The undersigned authorized officer of ONSALE, INC. hereby certifies that in accordance with the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Agreement"), (i) Borrower is in complete compliance for the period ending ________ with all required covenants except as noted below and (ii) all representations and warranties of Borrower stated in the Agreement are true and correct in all material respects as of the date hereof. Attached herewith are the required documents supporting the above certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistently applied from one period to the next except as explained in an accompanying letter or footnotes. Please indicate compliance status by circling Yes/No under "Complies" column.