ANY EVENT NOT LATER THAN 60 DAYS
AFTER THE END OF EACH OF THE FIRST THREE FISCAL QUARTERS OF EACH FISCAL YEAR OF
THE COMPANY, A CONSOLIDATED BALANCE SHEET OF THE COMPANY AND ITS SUBSIDIARIES AS
AT THE END OF SUCH FISCAL QUARTER, AND THE RELATED CONSOLIDATED STATEMENTS OF
OPERATIONS AND CASH FLOWS FOR SUCH FISCAL QUARTER AND FOR THE PORTION OF THE
COMPANY'S FISCAL YEAR THEN ENDED, SETTING FORTH IN EACH CASE IN COMPARATIVE FORM
THE FIGURES FOR THE CORRESPONDING FISCAL QUARTER OF THE PREVIOUS FISCAL YEAR AND
THE CORRESPONDING PORTION OF THE PREVIOUS FISCAL YEAR, ALL IN REASONABLE DETAIL,
CERTIFIED BY THE CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, TREASURER OR
CONTROLLER OF THE COMPANY AS FAIRLY PRESENTING IN ALL MATERIAL RESPECTS THE
FINANCIAL CONDITION, RESULTS OF OPERATIONS AND CASH FLOWS OF THE COMPANY
79
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AND ITS SUBSIDIARIES IN ACCORDANCE WITH GAAP, SUBJECT ONLY TO NORMAL YEAR-END
AUDIT ADJUSTMENTS AND THE ABSENCE OF FOOTNOTES.
As to any information contained in materials furnished pursuant to Section 6.02,
the Company shall not be separately required to furnish such information under
clause (a) or (b) above, but the foregoing shall not be in derogation of the
obligation of the Company to furnish the information and materials described in
clauses (a) and (b) above at the times specified therein.
6.02.
CERTIFICATES; OTHER INFORMATION
.
Deliver to the Administrative Agent for further prompt distribution to the
Lenders:
(A)
CONCURRENTLY WITH THE DELIVERY OF THE FINANCIAL STATEMENTS
REFERRED TO IN SECTIONS 6.01(A) AND (B), A DULY COMPLETED COMPLIANCE CERTIFICATE
SIGNED BY THE CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, TREASURER OR
CONTROLLER OF THE COMPANY;
(B)
PROMPTLY AFTER THE SAME ARE AVAILABLE, COPIES OF EACH REPORT
OR FINANCIAL STATEMENT SENT TO THE STOCKHOLDERS OF THE COMPANY GENERALLY, AND
COPIES OF ALL REGULAR AND PERIODIC REPORTS WHICH THE COMPANY MAY FILE WITH THE
SEC UNDER SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934, AND NOT
OTHERWISE REQUIRED TO BE DELIVERED TO THE ADMINISTRATIVE AGENT PURSUANT HERETO;
(C)
PROMPTLY FOLLOWING ANY REQUEST THEREFOR, PROVIDE INFORMATION
AND DOCUMENTATION REASONABLY REQUESTED BY THE ADMINISTRATIVE AGENT OR ANY LENDER
FOR PURPOSES OF COMPLIANCE WITH APPLICABLE "KNOW YOUR CUSTOMER" AND
ANTI-MONEY-LAUNDERING RULES AND REGULATIONS, INCLUDING, WITHOUT LIMITATION, THE
PATRIOT ACT AND THE BENEFICIAL OWNERSHIP REGULATION.
(D)
PROMPTLY, SUCH ADDITIONAL INFORMATION REGARDING THE BUSINESS,
FINANCIAL OR CORPORATE AFFAIRS OF THE COMPANY OR ANY SUBSIDIARY, OR COMPLIANCE
WITH THE TERMS OF THE LOAN DOCUMENTS, AS THE ADMINISTRATIVE AGENT OR ANY LENDER
THROUGH THE ADMINISTRATIVE AGENT MAY FROM TIME TO TIME REASONABLY REQUEST.
Documents required to be delivered pursuant to Section 6.01(a) or (b)
or
Section 6.02(b) (to the extent any such documents are included in materials
otherwise filed with the SEC) may be delivered electronically and if so
delivered, shall be deemed to have been delivered on the date (i) on which the
Company posts such documents, or provides a link thereto on the Company's
website on the Internet at the website address listed on Schedule 10.02; or