AND ATTORNEY-IN-FACT OF BORROWERS PURSUANT TO THIS
SECTION 6.8. ADMINISTRATIVE
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BORROWER SHALL ENSURE THAT THE DISBURSEMENT OF ANY LOANS TO EACH BORROWER
REQUESTED BY OR PAID TO OR FOR THE ACCOUNT OF
PARENT, OR THE ISSUANCE OF ANY
LETTER OF CREDIT FOR A BORROWER HEREUNDER, SHALL BE PAID TO OR FOR THE ACCOUNT
OF SUCH BORROWER.
(C)
EACH BORROWER AND OTHER GUARANTOR HEREBY
IRREVOCABLY APPOINTS AND CONSTITUTES ADMINISTRATIVE BORROWER AS ITS AGENT TO
RECEIVE STATEMENTS ON ACCOUNT AND ALL OTHER NOTICES FROM LENDER WITH RESPECT TO
THE OBLIGATIONS OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE
OTHER FINANCING AGREEMENTS.
(D)
ANY NOTICE, ELECTION, REPRESENTATION,
WARRANTY, AGREEMENT OR UNDERTAKING BY OR ON BEHALF OF ANY OTHER BORROWER OR ANY
GUARANTOR BY ADMINISTRATIVE BORROWER SHALL BE DEEMED FOR ALL PURPOSES TO HAVE
BEEN MADE BY SUCH BORROWER OR GUARANTOR, AS THE CASE MAY BE, AND SHALL BE
BINDING UPON AND ENFORCEABLE AGAINST SUCH BORROWER OR GUARANTOR TO THE SAME
EXTENT AS IF MADE DIRECTLY BY SUCH BORROWER OR GUARANTOR.
(E)
NO PURPORTED TERMINATION OF THE APPOINTMENT
OF ADMINISTRATIVE BORROWER AS AGENT AS AFORESAID SHALL BE EFFECTIVE, EXCEPT
AFTER TEN (10) DAYS' PRIOR WRITTEN NOTICE TO LENDER.
6.9
Bank Products.
Any Borrower or Guarantor
may (but no such Person is required to) request that Lender or any Affiliate of
Lender provide or arrange for such Person to obtain Bank Products from Lender or
such Affiliate, and Lender or such Affiliate may, in its sole discretion,
provide or arrange for such Borrower or Guarantor to obtain the requested Bank
Products.
Borrower acknowledges and agrees that the obtaining of Bank Products
from Lender or its Affiliates (a) is in the sole discretion of Lender or such
Affiliate, and (b) is subject to all rules and regulations of Lender or such
Affiliate with respect thereto.
SECTION
7.
COLLATERAL REPORTING AND COVENANTS
7.1
Collateral Reporting.
(A)
BORROWERS SHALL PROVIDE LENDER WITH THE
FOLLOWING DOCUMENTS IN A FORM REASONABLY SATISFACTORY TO LENDER:
(I)
AS SOON AS POSSIBLE AFTER THE END OF
EACH WEEK (BUT IN ANY EVENT WITHIN THREE (3) BUSINESS DAYS AFTER THE END
THEREOF), ON A WEEKLY BASIS, OR MORE FREQUENTLY AS LENDER MAY REQUEST IF AN
EVENT OF DEFAULT SHALL EXIST OR HAVE OCCURRED AND IS CONTINUING: (A) SCHEDULES
OF SALES MADE, CREDITS ISSUED AND CASH RECEIVED, (B) PERPETUAL INVENTORY
REPORTS, (C) REPORT OF QUANTITY OF GREEN COFFEE INCLUDED IN INVENTORY, AND (D) A
BORROWING BASE CERTIFICATE SETTING FORTH THE CALCULATION OF THE BORROWING BASE
AS OF THE LAST BUSINESS DAY OF THE IMMEDIATELY PRECEDING WEEK, DULY COMPLETED
AND EXECUTED BY THE CHIEF FINANCIAL OFFICER, VICE PRESIDENT OF FINANCE,
TREASURER OR CONTROLLER OF BORROWERS, TOGETHER WITH ALL SCHEDULES REQUIRED
PURSUANT TO THE TERMS OF THE BORROWING BASE CERTIFICATE DULY COMPLETED;
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(II)
AS SOON AS POSSIBLE AFTER THE END OF EACH
MONTH (BUT IN ANY EVENT WITHIN TEN (10) DAYS AFTER THE END THEREOF), ON A
MONTHLY BASIS OR MORE FREQUENTLY AS LENDER MAY REQUEST IF AN EVENT OF