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 have been certified without
qualification by an independent accounting firm acceptable to Lender (the
"Accountants")
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
certified as fairly presenting the financial condition of such Person as of
the date thereof by an authorized officer of such Person.
C. Individual Guarantors Financial Statements: Once each year, a personal
financial statement on a bank form or such other form generally accepted
by Lender.
12. Country Limitation Schedule: (See Country Limitation Schedule
dated_____________, attached hereto, which may be updated from time to time)
13. Special Conditions: (See Schedule B attached hereto and made a part hereof.)
14. Collateral Examinations: Pre-funding collateral exam completed within 60
days of Lender’s submission of this Agreement for Ex-Im Bank approval?
Yes____ No____
(i) Is the Collateral sufficient? Yes____ No____
(ii) All outstanding issues resolved? Yes____ No____
(iii) If no, please provide a brief description of the issues and
the anticipated resolutions.
15. Pre-Commitment Authorization: Attached hereto is a copy of the Pre-
Commitment Authorization.
(i) The terms of the Domestic Revolving Credit Facility and
the Loan Facility are not materially different than the terms
in the Pre-Commitment Worksheet, except as set forth
below:
(ii) The amount of the Domestic Revolving Credit Facility or
the Loan Facility has:
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Ex-Im Bank – 12/31/05