AT $7,000 PER AUDIT
> PLUS OUT-OF-POCKET EXPENSES EXCEPT FOLLOWING THE OCCURRENCE OF AN EVENT OF
> DEFAULT HEREUNDER IN WHICH CASE THERE SHALL BE NO SUCH CAP
5.11
ADDITIONAL FINANCIAL INFORMATION.
> (A)
IN ADDITION TO ALL OTHER INFORMATION REQUIRED TO BE PROVIDED PURSUANT
> TO THIS ARTICLE V, THE LEAD BORROWER PROMPTLY SHALL PROVIDE THE AGENT, SUCH
> OTHER AND ADDITIONAL INFORMATION CONCERNING THE BORROWERS, THE COLLATERAL, THE
> OPERATION OF THE BORROWERS' BUSINESS, AND THE BORROWERS' FINANCIAL CONDITION,
> INCLUDING FINANCIAL REPORTS AND STATEMENTS (INCLUDING SUPPORTING SCHEDULES),
> AS THE AGENT MAY FROM TIME TO TIME REASONABLY REQUEST FROM THE LEAD BORROWER.
>
>
> (B)
THE LEAD BORROWER MAY PROVIDE THE AGENT, FROM TIME TO TIME HEREAFTER,
> WITH UPDATED FORECASTS OF THE BORROWERS' ANTICIPATED PERFORMANCE AND OPERATING
> RESULTS.
>
>
> (C)
THE LEAD BORROWER SHALL, NO LATER THAN SIXTY (60) DAYS AFTER THE
> BEGINNING OF EACH OF THE BORROWERS' FISCAL YEARS, FURNISH THE AGENT WITH AN
> UPDATED AND EXTENDED FORECAST AND BUSINESS PLAN WHICH SHALL GO OUT AT LEAST
> THROUGH THE END OF THE THEN CURRENT FISCAL YEAR AND SHALL INCLUDE A
> CONSOLIDATED INCOME STATEMENT, BALANCE SHEET, AND STATEMENT OF CASH FLOW, BY
> MONTH, AS WELL AS COMPONENTS OF THE BORROWING BASE AND SHALL INCLUDE
> ASSUMPTIONS AS ARE REASONABLY SATISFACTORY TO THE AGENT, EACH PREPARED IN
> CONFORMITY WITH GAAP AND CONSISTENT WITH THE BORROWERS' THEN CURRENT
> PRACTICES.
>
>
> (D)
INTENTIONALLY OMITTED
>
>
> (E)
INTENTIONALLY OMITTED
>
>
> (F)
THE BORROWERS RECOGNIZE THAT ALL APPRAISALS, INVENTORIES, ANALYSIS,
> FINANCIAL INFORMATION, AND OTHER MATERIALS WHICH THE AGENT MAY OBTAIN,
> DEVELOP, OR RECEIVE WITH RESPECT TO THE BORROWERS IS CONFIDENTIAL TO THE AGENT
> AND LENDERS AND THAT, EXCEPT AS OTHERWISE PROVIDED HEREIN, THE BORROWERS ARE
> NOT ENTITLED TO RECEIPT OF ANY OF SUCH
INVENTORIES, ANALYSIS, FINANCIAL
> INFORMATION, AND OTHER MATERIALS, NOR COPIES OR EXTRACTS THEREOF OR
> THEREFROM.
THE AGENT AND EACH LENDER RECOGNIZES THAT THE FINANCIAL
> INFORMATION AND CERTAIN OTHER INFORMATION WHICH BORROWER MAY PROVIDE TO AGENT
> OR A LENDER HEREUNDER, WHICH IS NOT OTHERWISE AVAILABLE FROM A PUBLIC SOURCE,
> IS "CONFIDENTIAL" INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY
> APPRAISALS, INVENTORIES, ANALYSIS, FINANCIAL INFORMATION OR OTHER MATERIALS
> FURNISHED TO AGENT AND AGENTS AND EACH LENDER AGREE THAT SUCH INFORMATION
> SHALL BE KEPT CONFIDENTIAL EXCEPT TO THE EXTENT THAT THE AGENT REASONABLY
> DETERMINES THAT THE USE OF SUCH INFORMATION IS NECESSARY OR DESIRABLE IN
> CONNECTION WITH THE EXERCISE OF ANY OF AGENT'S RIGHTS OR REMEDIES AFFORDED TO
> AGENT OR ANY LENDER FOLLOWING THE OCCURRENCE OF AN EVENT OF DEFAULT HEREUNDER.
5.12
MINIMUM AVAILABILITY.
The Borrowers shall at all times through the Termination
Date maintain
Availability of at least Seven Million Dollars ($7,000,000)
Compliance with
such financial covenant shall be made as if no Material Accounting Changes had
been made (other than any Material Accounting Changes specifically taken into