OF OPERATIONS AND RETAINED
EARNINGS AND STATEMENTS OF CASH FLOWS FOR SUCH YEAR SETTING FORTH IN COMPARATIVE
FORM THE CORRESPONDING FIGURES FOR THE PRECEDING YEAR, ACCOMPANIED BY THE REPORT
AND UNQUALIFIED OPINION THEREON OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
ACCEPTABLE TO AGENT (THE "ACCOUNTANTS"), AND (II) NO LATER THAN THIRTY (30) DAYS
PRIOR TO THE BEGINNING OF EACH FISCAL YEAR, OPERATING AND CAPITAL EXPENDITURE
BUDGETS FOR THE NEXT FISCAL YEAR.
ALL OF THE FOREGOING SHALL BE IN SUCH FORM,
AND SHALL BE ACCOMPANIED BY SUCH INFORMATION WITH RESPECT TO THE BUSINESS OF
BORROWER OR ITS SUBSIDIARIES, AS AGENT MAY REQUEST FROM TIME TO TIME.
(B)
BORROWER SHALL, AT ITS EXPENSE AND WITHIN FORTY-FIVE (45) DAYS
FOLLOWING THE END OF EACH FISCAL QUARTER, DELIVER TO AGENT AND LENDERS
INTERNALLY PREPARED INTERIM FINANCIAL STATEMENTS, INCLUDING A BALANCE SHEET AND
INCOME STATEMENT AND STATEMENTS OF OPERATIONS AND OF CASH FLOWS FOR SUCH FISCAL
QUARTER, ALL IN FORM ACCEPTABLE TO AGENT AND IN EACH CASE SETTING FORTH (I) IN
COMPARATIVE FORM FIGURES FOR THE CORRESPONDING CALENDAR MONTH AND YEAR-TO-DATE
PERIOD OF THE PRECEDING FISCAL YEAR AND (II) YEAR-TO-DATE FIGURES, IN EACH CASE
TOGETHER WITH A COMPLIANCE CERTIFICATE IN THE FORM OF SCHEDULE 6.10(B) HERETO.
(C)
BORROWER SHALL, AT ITS EXPENSE AND WITHIN THIRTY (30) DAYS
FOLLOWING THE END OF EACH CALENDAR MONTH, DELIVER TO AGENT AND LENDERS
INTERNALLY PREPARED INTERIM FINANCIAL STATEMENTS, AS GENERATED BY BORROWER'S
INTERNAL ACCOUNTING SYSTEM, FOR SUCH CALENDAR MONTH.
(D)
DURING EACH SEASONAL PERIOD, BORROWER SHALL, AT ITS EXPENSE, ON OR
BEFORE THE THIRTIETH (30TH) DAY OF EACH MONTH (OR MORE FREQUENTLY IF REQUIRED BY
AGENT), DELIVER TO AGENT AND LENDERS, IN FORM ACCEPTABLE TO AGENT,
TRUE AND
COMPLETE MONTHLY AGINGS OF ITS ACCOUNTS RECEIVABLE AND ACCOUNTS PAYABLE.
19
(E)
BORROWER SHALL, ON A MONTHLY BASIS, PROMPTLY UPON RECEIPT THEREOF,
DELIVER TO AGENT AND LENDERS A COPY OF THE LAST PAGE OF THE CALYON FUTURES
REPORT, A COPY OF THE LAST PAGE OF THE CITIGROUP REPORT AND A COPY OF THE
INTERNAL NEW YORK MERCANTILE EXCHANGE (OR ANY OTHER EXCHANGE AS MAY BE
APPLICABLE) POSITION REPORT, AND SUCH SIMILAR INFORMATION AS MAY BE DELIVERED TO
BORROWER FROM TIME TO TIME IN CONNECTION WITH ANY OTHER DERIVATIVES CONTRACT.
(F)
DURING EACH SEASONAL PERIOD, BORROWER SHALL DELIVER TO AGENT AND
LENDERS WITHIN TEN (10) DAYS AFTER THE END OF EACH CALENDAR MONTH (OR MORE
FREQUENTLY IF REQUIRED BY AGENT) A BORROWING BASE CERTIFICATE IN SUBSTANTIALLY
THE FORM OF SCHEDULE C HERETO DULY COMPLETED AND CERTIFIED BY BORROWER'S CHIEF
FINANCIAL OFFICER OR CHIEF EXECUTIVE OFFICER, DETAILING BORROWER'S ELIGIBLE
RECEIVABLES AND ELIGIBLE INVENTORY.
(G)
BORROWER SHALL FURNISH TO AGENT OR ANY LENDER ANY SUCH OTHER
INFORMATION RESPECTING THE CONDITION OR OPERATIONS, FINANCIAL OR OTHERWISE, OF
BORROWER OR ANY OF BORROWER'S SUBSIDIARIES AS AGENT OR ANY LENDER MAY FROM TIME
TO TIME REASONABLY REQUEST.
6.11
Trade Names.
Borrower or any of its subsidiaries may from time to
time render invoices to account debtors under its trade names set forth in
Section 10.3(d) after Agent has