OR, IF IT IS AWARE OF SUCH CONDITION OR EVENT,
THE NATURE THEREOF; AND
(II)
AS SOON AS AVAILABLE, BUT NOT LATER THAN 30 DAYS PRIOR TO THE
CLOSE OF EACH FISCAL YEAR, BEGINNING WITH THE FISCAL YEAR ENDING DECEMBER 31,
2006, BORROWER'S PROJECTIONS FOR THE FOLLOWING FISCAL YEAR;
(B)
MONTHLY REPORTS.
(I)
PROMPTLY AFTER BECOMING AVAILABLE AND IN ANY EVENT WITHIN 30 DAYS
AFTER THE END OF EACH MONTH IN EACH FISCAL YEAR OF BORROWER, BORROWER SHALL
PROVIDE TO LENDER UNAUDITED INTERNALLY PREPARED FINANCIAL STATEMENTS OF BORROWER
AND ITS CONSOLIDATED SUBSIDIARIES, PREPARED ON A CONSOLIDATED BASIS WITH
SUPPORTING CONSOLIDATING SCHEDULES, THAT ARE REASONABLY SATISFACTORY TO LENDER
IN SCOPE AND DETAIL AND WHICH INCLUDE, BUT ARE NOT LIMITED TO, THE BALANCE
SHEETS AS AT THE END OF SUCH PERIOD, AND THE INCOME STATEMENTS AND THE
STATEMENTS OF CASH FLOWS FOR SUCH MONTH AND FOR THE PERIOD FROM THE BEGINNING OF
THE FISCAL YEAR TO THE CLOSE OF SUCH MONTH, SETTING FORTH IN EACH CASE IN
COMPARATIVE FORM THE CORRESPONDING FIGURES FROM THE PROJECTIONS, CERTIFIED BY
THE TREASURER OF BORROWER TO HAVE BEEN PREPARED IN ACCORDANCE WITH GAAP
CONSISTENTLY FOLLOWED THROUGHOUT THE PERIOD INDICATED EXCEPT TO THE EXTENT
STATED THEREIN, SUBJECT TO NORMAL CHANGES RESULTING FROM YEAR-END ADJUSTMENTS;
38
(II)
AT THE TIME OF EACH DELIVERY OF THE MONTHLY FINANCIAL STATEMENTS
REFERRED TO IN SECTION 5.1(B)(I) THAT ALSO COINCIDES WITH THE END OF A FISCAL
QUARTER OF BORROWER, A COMPLIANCE CERTIFICATE DULY AND PROPERLY EXECUTED AND
COMPLETED BY THE TREASURER OF BORROWER;
(III)
PROMPTLY AFTER BECOMING AVAILABLE AND IN ANY EVENT BY THE TENTH
BUSINESS DAY AFTER THE END OF EACH MONTH IN EACH FISCAL YEAR OF BORROWER, LOAN
AGINGS, LOAN LOSS REPORTS, AND SUCH OTHER INFORMATION AS LENDER SHALL REASONABLY
REQUEST WITH RESPECT TO THE NOTES RECEIVABLE; AND
(IV)
PROMPTLY AFTER BECOMING AVAILABLE AND IN ANY EVENT BY THE TENTH
BUSINESS DAY AFTER THE END OF EACH MONTH IN EACH FISCAL YEAR OF BORROWER, ALL
AUDIT REPORTS PREPARED BY BORROWER WITH RESPECT TO ANY TERM LOAN DEBTOR.
(C)
SCHEDULE OF ELIGIBLE NOTES RECEIVABLE.
ACCOMPANYING EACH REQUEST
FOR A REVOLVING LOAN HEREUNDER, AND IN ANY EVENT NO LESS FREQUENTLY THAN
MONTHLY, BORROWER SHALL PROVIDE LENDER WITH A REPORT LISTING, BY NAME OF OBLIGOR
AND OTHER IDENTIFYING INFORMATION ORDINARILY EMPLOYED BY BORROWER, EACH OF THE
NOTES RECEIVABLE THEN CONSTITUTING THE NET ELIGIBLE SBA GUARANTEED NOTES
RECEIVABLE AND THE NET ELIGIBLE NON-GUARANTEED NOTES RECEIVABLE, AS WELL AS ALL
OTHER NOTES RECEIVABLE BEING SERVICED BY BORROWER, ALONG WITH THE OUTSTANDING
PRINCIPAL AMOUNT, PAYMENT SCHEDULE, AND COLLECTION AND DELINQUENCY HISTORY
THEREOF, AND SUCH OTHER COLLATERAL INFORMATION AS REASONABLY REQUESTED BY LENDER
(EACH A "SCHEDULE OF ELIGIBLE NOTES RECEIVABLE").
(D)
OTHER REPORTS.
(I)
AUDIT REPORTS.
PROMPTLY UPON RECEIPT THEREOF, ONE COPY OF EACH
MANAGEMENT LETTER OR OTHER REPORT SUBMITTED TO BORROWER BY ITS ACCOUNTANTS IN
CONNECTION WITH ANY ANNUAL, INTERIM OR SPECIAL AUDIT MADE BY THEM OF THE BOOKS
OF BORROWER.
(II)
BORROWING BASE CERTIFICATE.
TOGETHER WITH ANY REQUEST FOR AN
ADVANCE AND IN ANY