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 THE
BORROWER TO ITS SHAREHOLDERS GENERALLY, AS THE CASE MAY BE;
(E)
AS SOON AS AVAILABLE, AND IN ANY EVENT NO LATER THAN APRIL 1 AND
OCTOBER 1 OF EACH YEAR, THE RESERVE REPORTS REQUIRED ON SUCH DATES PURSUANT TO
SECTION 3.01;
(F)
TOGETHER WITH THE RESERVE REPORTS REQUIRED UNDER CLAUSE (E)
ABOVE, (I) A REPORT, IN REASONABLE DETAIL, SETTING FORTH THE SWAP AGREEMENTS
THEN IN EFFECT, THE NOTIONAL VOLUMES OF AND PRICES FOR, ON A MONTHLY BASIS AND
IN THE AGGREGATE, THE CRUDE OIL AND NATURAL GAS FOR EACH SUCH SWAP AGREEMENT AND
THE TERM OF EACH SUCH SWAP AGREEMENT; (II) A TRUE AND CORRECT SCHEDULE OF THE
MORTGAGED PROPERTIES, (III) THE PERCENTAGE OF THE AGGREGATE COMMITMENT THAT THE
ENGINEERED VALUE OF THE MORTGAGED PROPERTIES REPRESENTS AND (IV) A DESCRIPTION
OF THE ADDITIONAL OIL AND GAS INTERESTS, IF ANY, TO BE MORTGAGED BY THE CREDIT
PARTIES TO COMPLY WITH SECTION 6.09;
(G)
IF REQUESTED BY REQUIRED LENDERS AND WITHIN THIRTY (30) DAYS OF
SUCH REQUEST, A MONTHLY REPORT, IN FORM AND SUBSTANCE SATISFACTORY TO THE
ADMINISTRATIVE AGENT, INDICATING THE NEXT PRECEDING MONTH'S SALES VOLUMES, SALES
REVENUES, PRODUCTION TAXES, OPERATING EXPENSES AND NET OPERATING INCOME FROM THE
BORROWING BASE PROPERTIES, WITH DETAIL, CALCULATIONS AND WORKSHEETS, ALL IN FORM
AND SUBSTANCE REASONABLY SATISFACTORY TO THE ADMINISTRATIVE AGENT; AND
58
(H)
PROMPTLY FOLLOWING ANY REQUEST THEREFOR, SUCH OTHER INFORMATION
REGARDING THE OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF ANY CREDIT
PARTY, 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 SECTION 6.01(A) OR SECTION
6.01(B) OR SECTION 6.01(D) MAY BE DELIVERED ELECTRONICALLY AND IF SO DELIVERED,
SHALL BE DEEMED TO HAVE BEEN DELIVERED ON THE DATE (I) ON WHICH THE BORROWER
POSTS SUCH DOCUMENTS, OR PROVIDES A LINK THERETO ON THE BORROWER'S WEBSITE ON
THE INTERNET AT THE WEBSITE ADDRESS IDENTIFIED IN SECTION 11.01 ON WHICH SUCH
DOCUMENTS ARE POSTED ON THE BORROWER'S BEHALF ON AN INTERNET OR INTRANET
WEBSITE, IF ANY, TO WHICH EACH LENDER AND THE ADMINISTRATIVE AGENT HAVE ACCESS
(WHETHER A COMMERCIAL, THIRD-PARTY WEBSITE OR WHETHER SPONSORED BY THE
ADMINISTRATIVE AGENT); PROVIDED THAT: (I) THE BORROWER SHALL DELIVER PAPER
COPIES OF SUCH DOCUMENTS TO THE ADMINISTRATIVE AGENT OR ANY LENDER THAT REQUESTS
THE BORROWER TO DELIVER SUCH PAPER COPIES UNTIL A WRITTEN REQUEST TO CEASE
DELIVERING PAPER COPIES IS GIVEN BY THE ADMINISTRATIVE AGENT OR SUCH LENDER AND
(II) THE BORROWER SHALL NOTIFY THE ADMINISTRATIVE AGENT AND EACH LENDER (BY
TELECOPIER OR ELECTRONIC MAIL) OF THE POSTING OF ANY SUCH DOCUMENTS AND PROVIDE
TO THE ADMINISTRATIVE AGENT BY ELECTRONIC MAIL ELECTRONIC VERSIONS (I.E., SOFT
COPIES) OF SUCH DOCUMENTS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IN EVERY
INSTANCE THE BORROWER SHALL BE REQUIRED TO PROVIDE PAPER COPIES OF THE
COMPLIANCE CERTIFICATES REQUIRED BY SECTION 6.01(C) TO