Absence of Schedules. In the event that on the Commencement Date, the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose”.
Absence of Schedules. In the event that on the date hereof, or the Commencement Date, the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company
Absence of Schedules. In the event that on the Commencement Date, the Company does not deliver any disclosure schedule contemplated by this Agreement, the Company hereby acknowledges and agrees that each such undelivered disclosure schedule shall be deemed to read as follows: “Nothing to Disclose”.
Schedules. [Schedule A] attached hereto, is substituted for and shall supersede and replace the existing [Schedule A] to the Lease.
Schedules. [Schedule 12.5] to the FSA is supplemented by adding the following at the end of the first row to said schedule as follows:
Schedules. Deliver to Agent (for further delivery to each Lender) on or before the twenty-fifth (25th) day of each month that is the last day of a calendar quarter (or such later date as Agent shall agree to in its sole discretion) as and for the prior calendar quarter (or monthly on the twenty-fifth (25th) day of each month (or such later date (not to exceed five days) as Agent shall agree to in its sole discretion) for the prior month, if, at any time during such month, either # there are any Revolving Advances or Swing Loans outstanding or # the Dollar Equivalent of the Maximum Undrawn Amount of all outstanding Letters of Credit is greater than thirty-three percent (33.0%) of the Maximum Loan Amount), # accounts receivable ageings inclusive of reconciliations to the general ledger, # accounts payable schedules inclusive of reconciliations to the general ledger, # a list of Equipment acquired or disposed of, # a certificate of an officer of GLDD listing all Documented Vessels and the geographic location of such Documented Vessels of a recent date, and # a Borrowing Base Certificate in form and substance satisfactory to Agent (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); provided, that, # if Borrowers are reporting on a quarterly basis in accordance with this Section 9.2 (and have not, for the sake of clarity, delivered a monthly reporting package in accordance with this Section 9.2 for the most recently-ended month), Borrowing Agent shall deliver to Agent the foregoing schedules, information, and Borrowing Base Certificate, in each case for and as of the most-recently ended month, as a condition precedent to the Lenders making any Revolving Advances or Swing Loans available to Borrowers; and # solely to the extent that any Eligible Receivables are included in the Formula Amount, the foregoing reporting requirements under this Section 9.2 shall be delivered weekly, on Wednesday of each week (or such later date (not to exceed five days) as Agent shall agree to in its sole discretion) for the prior week, if # an Event of Default exists and Agent elects to require weekly reporting or # at any time Undrawn Availability is less than ten percent (10.0%) of the Maximum Loan Amount for five (5) consecutive days, until Undrawn Availability exceeds ten percent (10.0%) of the Maximum Loan Amount for at least 30 consecutive calendar days and no Event of Default exists).
Schedules. Grantor shall promptly update any Schedules that were attached to the Loan Documents upon execution if any information therein shall become inaccurate or incomplete, and Grantor shall from time to time update the Schedules to the extent there is any material change in the Collateral that is to be described on any Schedule or to the extent necessary to preserve Secured Parties’ rights under the UCC. The failure of property descriptions to be accurate or complete on any Schedule shall not impair Secured Party’s security interest in such property.
Schedules. Deliver to Agent (1) (i) on or before the fifteenth (15th) day of each month as and for the prior month # accounts receivable ageings inclusive of reconciliations to the general ledger, # accounts payable schedules inclusive of reconciliations to the general ledger, and # Inventory reports, and # a Borrowing Base Certificate in form and substance satisfactory to Agent (which shall not be binding upon Agent or restrictive of Agent’s rights under this Agreement) and # as soon as possible and in any event within 2 Business Days following the end of each calendar week during the period beginning on the Seventh Amendment Effective Date and ending on the later to occur of # June 30, 2021 and # the date of the permanent closure of the Loan Parties’ Zacatecas, Mexico facility, a report detailing the calculation of the Average Liquidity for each 5 consecutive Business Day period ending on each day during such week. In addition, each Borrower will deliver to Agent at such intervals as Agent may reasonably require: # confirmatory assignment schedules; # copies of Customer’s invoices; # evidence of shipment or delivery; and # 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 reasonably 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.
Schedules. Promptly after any change or addition, updates to the information contained or required to be contained on Schedules: 6.1.2 [Capitalization] and 6.1.3 [Subsidiaries], assuming in each case that each such Schedule is being delivered as of the date of notice of such change or addition thereto (rather than as of the Closing Date or prior thereto); and
Schedules. Deliver to Agent on or before the fifteenth (15th) day of each month as and for the prior month # accounts receivable agings inclusive of reconciliations to the general ledger, # an accounts receivable “roll-forward,” including a schedule with a calculation of Eligible Collections, # accounts payable schedules inclusive of reconciliations to the general ledger, # Inventory reports, and # a Borrowing Base Certificate in form and substance reasonably satisfactory to Agent (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). 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, provided that Agent shall not contact any account debtor for the purpose of exercising collection remedies with respect to Receivables unless an Event of Default has occurred and is continuing. The items to be provided under this Section are to be in form reasonably 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.
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