BORROWER.
(D)
UPON BANK'S REQUEST, PROVIDE A WRITTEN REPORT RESPECTING ANY
FINANCED RECEIVABLE, IF PAYMENT OF ANY FINANCED RECEIVABLE DOES NOT OCCUR BY ITS
DUE DATE AND INCLUDE THE REASONS FOR THE DELAY.
(E)
PROVIDE BANK WITH, AS SOON AS AVAILABLE, BUT NO LATER THAN TWENTY
(20) DAYS FOLLOWING EACH RECONCILIATION PERIOD, AN AGED LISTING OF ACCOUNTS
RECEIVABLE AND ACCOUNTS PAYABLE BY INVOICE DATE, IN FORM ACCEPTABLE TO BANK.
(F)
PROVIDE BANK WITH, AS SOON AS AVAILABLE, BUT NO LATER THAN TWENTY
(20) DAYS FOLLOWING EACH RECONCILIATION PERIOD WHERE APPLICABLE, A DEFERRED
REVENUE REPORT, IN FORM ACCEPTABLE TO BANK.
6.3
TAXES.
BORROWER SHALL MAKE, AND CAUSE EACH SUBSIDIARY TO MAKE,
TIMELY PAYMENT OF ALL FEDERAL, STATE, AND LOCAL TAXES OR ASSESSMENTS (OTHER THAN
TAXES AND ASSESSMENTS WHICH BORROWER IS CONTESTING IN GOOD FAITH, WITH ADEQUATE
RESERVES MAINTAINED IN ACCORDANCE WITH GAAP) AND WILL DELIVER TO BANK, ON
DEMAND, APPROPRIATE CERTIFICATES ATTESTING TO SUCH PAYMENTS.
6.4
INSURANCE.
KEEP ITS BUSINESS AND THE COLLATERAL INSURED FOR RISKS
AND IN AMOUNTS STANDARD FOR COMPANIES IN BORROWER'S INDUSTRY AND LOCATION, AND
AS BANK MAY REASONABLY REQUEST.
INSURANCE POLICIES SHALL BE IN A FORM, WITH
COMPANIES, AND IN AMOUNTS THAT ARE REASONABLY SATISFACTORY TO BANK.
ALL
PROPERTY POLICIES SHALL HAVE A LENDER'S LOSS PAYABLE ENDORSEMENT SHOWING BANK AS
LENDER LOSS PAYEE AND WAIVE SUBROGATION AGAINST BANK, AND ALL LIABILITY POLICIES
SHALL SHOW, OR HAVE ENDORSEMENTS SHOWING, BANK AS AN ADDITIONAL INSURED .ALL
POLICIES (OR THE LOSS PAYABLE AND ADDITIONAL INSURED ENDORSEMENTS) SHALL PROVIDE
THAT THE INSURER MUST GIVE BANK AT LEAST TWENTY (20) DAYS NOTICE BEFORE
CANCELING, AMENDING, OR DECLINING TO RENEW ITS POLICY.
AT BANK'S REQUEST,
BORROWER SHALL DELIVER CERTIFIED COPIES OF POLICIES AND EVIDENCE OF ALL PREMIUM
PAYMENTS. PROCEEDS PAYABLE UNDER ANY POLICY SHALL, AT BANK'S OPTION, BE PAYABLE
TO BANK ON ACCOUNT OF THE OBLIGATIONS.
IF BORROWER FAILS TO OBTAIN INSURANCE AS
REQUIRED UNDER THIS SECTION 6.4 OR TO PAY ANY AMOUNT OR FURNISH ANY REQUIRED
PROOF OF PAYMENT TO THIRD PERSONS AND BANK, BANK MAY MAKE ALL OR PART OF SUCH
PAYMENT OR OBTAIN SUCH INSURANCE POLICIES REQUIRED IN THIS SECTION 6.4, AND TAKE
ANY ACTION UNDER THE POLICIES BANK DEEMS PRUDENT.
6.5
ACCOUNTS.
(A)
TO PERMIT BANK TO MONITOR BORROWER'S FINANCIAL PERFORMANCE AND
CONDITION, BORROWER, GUARANTOR AND ALL THEIR SUBSIDIARIES, SHALL MAINTAIN THEIR,
PRIMARY DEPOSITORY AND OPERATING ACCOUNTS AND SECURITIES ACCOUNTS WITH BANK.
(B)
BORROWER SHALL IDENTIFY TO BANK, IN WRITING, ANY DEPOSIT OR
SECURITIES ACCOUNT OPENED BY BORROWER WITH ANY INSTITUTION OTHER THAN BANK.
IN
ADDITION, FOR EACH SUCH ACCOUNT THAT BORROWER OR GUARANTOR AT ANY TIME OPENS OR
MAINTAINS, BORROWER SHALL, AT BANK'S REQUEST AND OPTION, PURSUANT TO AN
AGREEMENT IN FORM AND SUBSTANCE ACCEPTABLE TO BANK, CAUSE THE DEPOSITORY BANK OR
SECURITIES INTERMEDIARY TO AGREE THAT SUCH ACCOUNT IS THE COLLATERAL OF BANK
PURSUANT TO THE TERMS HEREUNDER.
THE PROVISIONS OF THE PREVIOUS SENTENCE SHALL
NOT APPLY TO DEPOSIT ACCOUNTS EXCLUSIVELY USED FOR PAYROLL, PAYROLL TAXES AND
OTHER EMPLOYEE WAGE AND BENEFIT PAYMENTS TO OR FOR THE