DAYS AFTER THE END
OF EACH QUARTER, AN UNAUDITED BALANCE SHEET OF BORROWER AS OF THE END OF SUCH
QUARTER AND THE RELATED UNAUDITED STATEMENTS OF INCOME, OWNER'S EQUITY AND CASH
FLOW OF BORROWER FOR SUCH QUARTER AND THE THEN ELAPSED PORTION OF SUCH FISCAL
YEAR, SETTING FORTH IN EACH CASE IN COMPARATIVE FORM THE FIGURES FOR THE
CORRESPONDING QUARTER AND THE CORRESPONDING PORTION OF BORROWER'S PREVIOUS
FISCAL YEAR; IN EITHER CASE ALL CERTIFIED BY AN APPROPRIATE RESPONSIBLE OFFICER
OF BORROWER AS PRESENTING FAIRLY IN ALL MATERIAL RESPECTS THE FINANCIAL
12
CONDITION AND RESULTS OF OPERATIONS OF BORROWER IN ACCORDANCE WITH GAAP, SUBJECT
TO NORMAL YEAR-END AUDIT ADJUSTMENTS AND THE ABSENCE OF FOOTNOTES;
(C)
WITHIN 45 DAYS OF THE LAST DAY OF EACH QUARTER, A CERTIFICATE, IN
FORM AND SUBSTANCE SATISFACTORY TO LENDER IN ALL RESPECTS, OF A RESPONSIBLE
OFFICER, (1) CERTIFYING AS TO WHETHER THERE EXISTS A DEFAULT OR EVENT OF DEFAULT
ON THE DATE OF SUCH CERTIFICATE, AND IF A DEFAULT OR AN EVENT OF DEFAULT THEN
EXISTS, SPECIFYING THE DETAILS THEREOF AND THE ACTION WHICH BORROWER HAS TAKEN
OR PROPOSES TO TAKE WITH RESPECT THERETO, (2) SETTING FORTH IN REASONABLE DETAIL
CALCULATIONS DEMONSTRATING COMPLIANCE WITH ARTICLE V, (3) STATING WHETHER ANY
CHANGE IN GAAP OR THE APPLICATION THEREOF HAS OCCURRED SINCE THE DATE OF
BORROWER'S MOST RECENT PREVIOUSLY DELIVERED AUDITED FINANCIAL STATEMENTS AND, IF
ANY CHANGE HAS OCCURRED, SPECIFYING THE EFFECT OF SUCH CHANGE ON THE FINANCIAL
STATEMENTS ACCOMPANYING SUCH CERTIFICATE; AND (4) ATTACHING A PRODUCTION REPORT,
CERTIFIED AS TO ACCURACY, WHICH SETS FORTH PERTINENT INFORMATION IN RESPECT OF
THE AMOUNT OF ETHANOL PRODUCED AND OTHER INFORMATION AS LENDER MAY REQUEST FROM
TIME TO TIME;
(D)
CONCURRENTLY WITH THE FINANCIAL STATEMENTS REFERRED TO IN CLAUSE
(A) ABOVE, A CERTIFICATE OF THE ACCOUNTING FIRM THAT REPORTED ON SUCH FINANCIAL
STATEMENTS STATING WHETHER IT OBTAINED ANY KNOWLEDGE DURING THE CAUSE OF ITS
EXAMINATION OF SUCH FINANCIAL STATEMENTS OF THE OCCURRENCE OF ANY DEFAULT OR
EVENT OF DEFAULT (WHICH CERTIFICATE MAY BE LIMITED TO THE EXTENT REQUIRED BY
ACCOUNTING RULES OR GUIDELINES);
(E)
PROMPTLY AFTER THE SAME BECOME AVAILABLE, COPIES OF ALL PERIODIC
REPORTS DISTRIBUTED BY BORROWER TO ITS MEMBERS GENERALLY, OR TO ANY NATIONAL
SECURITIES EXCHANGE, AS APPLICABLE;
(F)
CONCURRENTLY WITH THE DELIVERY OF THE FINANCIAL STATEMENTS
REFERRED TO IN CLAUSE (A) ABOVE, A COPY OF BORROWER'S PRO FORMA BUDGET AND
BUSINESS PLAN FOR THE SUBSEQUENT FISCAL YEAR FOR BORROWER, CONTAINING A PRO
FORMA CONSOLIDATED BALANCE SHEET OF BORROWER AS OF THE END OF SUCH SUBSEQUENT
FISCAL YEAR AND THE RELATED PRO FORMA CONSOLIDATED STATEMENTS OF INCOME, OWNERS'
EQUITY AND CASH FLOWS (TOGETHER WITH ALL FOOTNOTES THERETO) OF BORROWER FOR SUCH
SUBSEQUENT FISCAL YEAR; AND
(G)
PROMPTLY FOLLOWING ANY REQUEST THEREFOR, SUCH OTHER INFORMATION
REGARDING THE RESULTS OF OPERATIONS, BUSINESS AFFAIRS AND FINANCIAL CONDITION OF
BORROWER AS LENDER MAY REASONABLY REQUEST.
Section 4.02
Notices of Material Events. Borrower will promptly furnish
written notice to Lender of the following, in each case accompanied by a written
statement of a