Collateral Reporting. Provide Agent (and if so requested by Agent, with copies for each Lender) with each of the reports set forth on [Schedule 5.2] at the times specified therein. In addition, each Borrower agrees to use commercially reasonable efforts in cooperation with Agent to facilitate and implement a system of electronic collateral reporting in order to provide electronic reporting of each of the items set forth on such Schedule.
# shall furnish to the following, in each case together with an Officer’s Certificate certifying that the materials delivered pursuant thereto are true, correct and complete in all material respects:
The Executive will report directly to the Board of Directors and promptly upon request will provide such information and reports as reasonably requested from time to time.
Royalty Reporting. Royalties shall be calculated and reported for each calendar quarter within days after the end of each calendar quarter. With delivery of such report, Arcus shall also pay the corresponding amount of the royalty due to WuXi, if any.
Reporting Obligations. Until the earliest of the time that # [[Organization A:Organization]] no longer owns Securities, [[Organization B:Organization]] covenants to file all periodic reports with the Commission pursuant to Section 15(d) of the Exchange Act or alternatively, if registered under [Section 12(b) or 12(g)])] of the 1934 Act, maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by [[Organization B:Organization]] after the date hereof pursuant to the Exchange Act even if [[Organization B:Organization]] is not then subject to the reporting requirements of the Exchange Act. At any time commencing on the Closing Date and ending at such time that all of the Securities may be sold without the requirement for [[Organization B:Organization]] to be in compliance with Rule 144(c)(1) and otherwise without restriction or limitation pursuant to Rule 144, if [[Organization B:Organization]] shall fail for any reason to satisfy the current public information requirement under Rule 144(c) (a “Public Information Failure”) then, in addition to [[Organization A:Organization]]’s other available remedies, [[Organization B:Organization]] shall pay to a [[Organization A:Organization]], in cash, as partial liquidated damages and not as a penalty, by reason of any such delay in or reduction of its ability to sell the Securities, an amount in cash equal to two percent (2.0%) of the aggregate Stated Value (as defined in the Certificates of Designations) of the Series L Preferred Shares and accrued interest held by such [[Organization A:Organization]] on the day of a Public Information Failure and on every thirtieth (30th) day (pro-rated for periods totaling less than thirty days) thereafter until the earlier of # the date such Public Information Failure is cured and # such time that such public information is no longer required for [[Organization A:Organization]] to transfer the Conversion Shares pursuant to Rule 144. The payments to which a [[Organization A:Organization]] shall be entitled pursuant to this Section 6(h) are referred to herein as “Public Information Failure Payments.” Public Information Failure Payments shall be paid on the earlier of # the last day of the calendar month during which such Public Information Failure Payments are incurred and # the third (3rd) Business Day after the event or failure giving rise to the Public Information Failure Payments is cured. In the event [[Organization B:Organization]] fails to make Public Information Failure Payments in a timely manner, such Public Information Failure Payments shall bear interest at the rate of one (1.0%) percent per month (prorated for partial months) until paid in full. Nothing herein shall limit [[Organization A:Organization]]’s right to pursue actual damages for the Public Information Failure, and [[Organization A:Organization]] shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.
Medicare Reporting. Executive affirms that he/she is not and has never been a recipient of Medicare benefits, is not otherwise eligible for Medicare benefits, and Medicare has not notified Executive (nor is Executive aware of) any Medicare liens applicable to Executive. Executive acknowledges that none of the Separation Pay is for medical treatment or injuries to Executive caused or attributed to the Employer. The parties have made every effort to adequately protect Medicare’s interest, if any, in this Agreement, and have not shifted responsibility for medical
Reporting Requirements. Until all the line of credit and term loan are paid in full, Borrower agrees to furnish to Lender reports and statements as set forth below, and failure to furnish any such reports and statements shall be considered an event of default (subject to the provisions of Section 6 below) under each of the Loans and Notes:
Each Borrower will keep and maintain or will cause to be kept and maintained on a Fiscal Year basis, in accordance with GAAP, subject to year-end adjustments, consistently applied (or such other accounting basis reasonably acceptable to the Agent), proper and accurate books, records and accounts reflecting all of the financial affairs of such Borrower and all items of income and expense in connection with the operation of any Property owned or leased by such Borrower. The Agent shall have the right from time to time at reasonable times during normal business hours upon reasonable prior notice (which may be verbal) to examine such books, records and accounts where same are ordinarily maintained, which shall be at any Property or at the office of any Borrower or any other Person maintaining such books, records and accounts or its managing agent, and to make such copies or extracts thereof as the Agent may reasonably require. From and after any Event of Default, the Borrowers shall pay any costs and expenses incurred by the Agent to examine any Borrower’s accounting records with respect to the Property owned by such Borrower, as the Agent shall determine to be necessary or appropriate in the protection of the Agent’s and the Lender’s interest.
IRS Reporting. GP shall provide Contractor with an IRS Form 1099, which shall report the total compensation paid to Contractor within the appropriate taxable year consistent with the requirements of the Internal Revenue Code of 1986, as amended.
Reporting Status. Until the date on which the Buyers shall have sold, converted or exercised all of the Securities and/or all the Securities shall have been redeemed (the Reporting Period), the Company shall timely file all reports required to be filed with the SEC pursuant to the 1934 Act, and the Company shall not terminate its status as an issuer required to file reports under the 1934 Act even if the 1934 Act or the rules and regulations thereunder would no longer require or otherwise permit such termination.
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