9. Facility Fee: Lender shall submit a completed and signed Schedule A together with Facility
Fee amount determined in accordance with the applicable section of Schedule A:
A. within ten (10) Business Days of the Effective Date; and
B. with respect to a Revolving Loan Facility (other than a Transaction Specific
Revolving Loan Facility), within ten (10) Business Days of the first and second
anniversaries of the Effective Date, as applicable.
10. Final Disbursement Date: The earlier of (a) ___________ (___) months from the Effective
Date or (b) _______________, _________.
11. Financial Reporting Requirements: Lender shall require that Borrower and each Guarantor
deliver to Lender the following financial statements:
A. Year End Financial Statements.
Within one hundred and twenty (120) days of Borrower's and each Guarantor's (other
than individual Guarantor) fiscal year end or if such Person is required to submit a
Form 10-K at the time of filing of such Form 10-K, the income statement, balance
sheet and statement of cash flow as of such fiscal year end including, in each case,
all footnotes and other disclosures, which disclosures have been:
certified without qualification by an independent accounting firm
acceptable to Lender (the "Accountants") (For Loan Facilities with a
Maximum Amount of $5,000,000 or more)
reviewed by the Accountants (For Loan Facilities with a Maximum
Amount of $2,000,000 or more but less than $5,000,000)
compiled by the Accountants (For Loan Facilities with a Maximum
Amount of $1,000,000 or more but less than $2,000,000)
internally prepared by management of such Person in accordance with
GAAP certified as fairly presenting the financial condition of such
Person as of the date thereof by an authorized officer of such Person
(For Loan Facilities with a Maximum Amount of less than
$1,000,000)
B. Quarterly Financial Statements.
Within 45 days of Borrower's and each Guarantor's (other than an individual
Guarantor) fiscal quarter end or if such Person is required to submit a Form 10-Q at
the time of filing of such Form 10-Q, the income statement, balance sheet and
statement of cash flow, as of the end of such fiscal quarter, which have been
internally prepared by management of such Person in accordance with GAAP, and
certified as fairly presenting the financial condition of such Person as of the date
thereof by an authorized officer of such Person.