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 Relationship. Employee will report to the Executive Chairman or to such other member of the Board as determined in the sole discretion of the Company.
#[[Borrower:Organization]] shall furnish to [[Lender:Organization]] 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:
Reporting Requirements. The [[Organization A:Organization]] will furnish to the Administrative Agent (who will furnish to the Lenders):
Reporting Requirements. Furnish to the [[Organization B:Organization]] (and the [[Organization B:Organization]] shall promptly furnish copies thereof to the [[Organization C:Organization]] via IntraLinks or other similar password-protected restricted internet site):
REPORTING OBLIGATION. While this Agreement is in effect, the Director shall immediately report to the Company in the event: # the Director knows or has reason to know or should have known that any of the requirements specified in Clause 2(d) hereof is not satisfied or is not going to be satisfied; and # the Director simultaneously serves on an audit committee of any other public company.
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:
Reporting Status. For so long as any Units, Warrants or Warrant Units are outstanding, the Parent shall timely file all reports required to be filed with the SEC pursuant to the Exchange Act, and the Parent shall maintain its status as an issuer required to file reports under the Exchange Act, even if the Exchange Act would no longer require (or otherwise permit the termination of such filing requirements), and the Parent shall use commercially reasonable efforts to maintain its eligibility to register Common Stock for resale by the Purchaser on a registration statement in a suitable form under the Securities Act.
Financial Reporting. The Committee shall review and make recommendations to the Board regarding the adequacy of the Company’s financial statements and compliance of such statements with financial standards. In particular, and without limiting such responsibilities, the Committee shall:
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.
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