DATE;
(III)
A WORKSHEET OF CALCULATIONS PREPARED BY EACH LOAN PARTY TO DETERMINE
ELIGIBLE ACCOUNTS, ELIGIBLE CREDIT CARD ACCOUNT RECEIVABLES AND ELIGIBLE
INVENTORY, SUCH WORKSHEETS DETAILING THE ACCOUNTS, CREDIT CARD ACCOUNT
RECEIVABLES AND INVENTORY EXCLUDED FROM ELIGIBLE ACCOUNTS, ELIGIBLE CREDIT CARD
ACCOUNT RECEIVABLES AND ELIGIBLE INVENTORY AND THE REASON FOR SUCH EXCLUSION;
58
(IV)
A RECONCILIATION OF EACH LOAN PARTY'S ACCOUNTS, CREDIT CARD ACCOUNT
RECEIVABLES AND INVENTORY BETWEEN THE AMOUNTS SHOWN IN SUCH LOAN PARTY'S GENERAL
LEDGER AND FINANCIAL STATEMENTS AND THE REPORTS DELIVERED PURSUANT TO CLAUSES
(I) AND (II) ABOVE; AND
(V)
A RECONCILIATION OF THE LOAN BALANCE PER EACH LOAN PARTY'S GENERAL LEDGER
TO THE LOAN BALANCE UNDER THIS AGREEMENT;
(I)
AS SOON AS AVAILABLE BUT IN ANY EVENT WITHIN TWENTY (20) DAYS AFTER THE END
OF EACH FISCAL QUARTER OF EACH FISCAL YEAR OF HOLDINGS ((OR WITHIN TWENTY (20)
DAYS OF THE END OF EACH CALENDAR MONTH IF AND SO LONG AS THE MONTHLY REPORTING
TRIGGER IS IN EFFECT) (OR WITHIN FOUR (4) DAYS OF THE END OF EACH CALENDAR WEEK
IF AND SO LONG AS THE AVAILABILITY TRIGGER IS IN EFFECT)), AND AT SUCH OTHER
TIMES AS MAY BE REQUESTED BY THE ADMINISTRATIVE AGENT UPON AT LEAST FOUR
(4) DAYS' PRIOR NOTICE TO THE BORROWER, AS OF THE FISCAL QUARTER (OR MONTH OR
WEEK, IF APPLICABLE) THEN ENDED, A DETAILED SCHEDULE OF EACH LOAN PARTY'S
ACCOUNTS PAYABLE, DELIVERED ELECTRONICALLY IN A TEXT FORMATTED FILE ACCEPTABLE
TO THE ADMINISTRATIVE AGENT;
(J)
PROMPTLY UPON THE ADMINISTRATIVE AGENT'S REQUEST:
(I)
COPIES OF INVOICES IN CONNECTION WITH THE INVOICES ISSUED BY EACH LOAN
PARTY IN CONNECTION WITH ANY ACCOUNTS (INCLUDING, WITHOUT LIMITATION, CREDIT
CARD ACCOUNT RECEIVABLES), CREDIT MEMOS, SHIPPING AND DELIVERY DOCUMENTS, AND
OTHER INFORMATION RELATED THERETO;
(II)
COPIES OF PURCHASE ORDERS, INVOICES, AND SHIPPING AND DELIVERY DOCUMENTS
IN CONNECTION WITH ANY INVENTORY OR EQUIPMENT PURCHASED BY ANY LOAN PARTY; AND
(III)
A SCHEDULE DETAILING THE BALANCE OF ALL INTERCOMPANY ACCOUNTS OF THE LOAN
PARTIES;
(K)
TO THE EXTENT REQUESTED BY THE ADMINISTRATIVE AGENT, COPIES OF ALL TAX
RETURNS FILED BY ANY LOAN PARTY WITH THE U.S. INTERNAL REVENUE SERVICE;
(L)
PROMPTLY AFTER THE SAME BECOME PUBLICLY AVAILABLE, COPIES OF ALL PERIODIC
AND OTHER REPORTS, PROXY STATEMENTS AND OTHER MATERIALS FILED BY HOLDINGS, THE
BORROWER OR ANY SUBSIDIARY WITH THE SECURITIES AND EXCHANGE COMMISSION, OR ANY
GOVERNMENTAL AUTHORITY SUCCEEDING TO ANY OR ALL OF THE FUNCTIONS OF SAID
COMMISSION, OR WITH ANY NATIONAL SECURITIES EXCHANGE, OR DISTRIBUTED BY HOLDINGS
OR THE BORROWER TO ITS SHAREHOLDERS GENERALLY, AS THE CASE MAY BE; AND
(M)
PROMPTLY FOLLOWING ANY REQUEST THEREFOR, SUCH OTHER INFORMATION REGARDING
THE OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF HOLDINGS, THE
BORROWER OR ANY SUBSIDIARY, OR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT, AS
THE ADMINISTRATIVE AGENT OR ANY LENDER MAY REASONABLY REQUEST.
Documents required to be delivered pursuant to clauses (a) and (b) of this
Section 5.01 may be delivered electronically and if so delivered, shall be
deemed to have been delivered on the date on which