FOR SUCH PERIOD (TOGETHER WITH AN
EXPLANATION OF ALL VARIANCES) AND ACTUAL SALES FOR THE SAME WEEK DURING
BORROWER'S PRIOR FISCAL YEAR.
6.1(L)
BANKRUPTCY COURT REPORTS AND RELATED ITEMS.
IN ADDITION TO THE
FINANCIAL REPORTING REQUIREMENTS SET FORTH IN THIS AGREEMENT, UNTIL THE
OBLIGATIONS HAVE BEEN INDEFEASIBLY REPAID IN FULL IN CASH, THE BORROWER SHALL
PROMPTLY PROVIDE LENDER WITH COPIES OF ALL FINANCIAL REPORTS, SCHEDULES AND
OTHER MATERIALS AND INFORMATION RELATED TO THE COLLATERAL AT ANY TIME FURNISHED
BY THE BORROWER, OR ON ITS BEHALF, TO THE BANKRUPTCY COURT, THE UNITED STATES
TRUSTEE, THE ANY REPLACEMENT LENDER, EXIT LENDER OR ANY CREDITORS' COMMITTEE OR
ANY OF THE BORROWER'S SHAREHOLDERS, CONCURRENTLY WITH THE DELIVERY THEREOF."
4
(IV)
APPENDIX A TO THE LOAN AGREEMENT SHALL BE AND HEREBY IS AMENDED TO
ADD THE FOLLOWING DEFINITIONS IN PROPER ALPHABETICAL ORDER:
(A)
"BANKRUPTCY CODE" SHALL MEAN THE UNITED STATES BANKRUPTCY CODE,
BEING TITLE 11 OF THE UNITED STATES BANKRUPTCY CODE AS ENACTED IN 1978, AS THE
SAME HAS HERETOFORE BEEN OR MAY HEREAFTER BE AMENDED, RECODIFIED, MODIFIED OR
SUPPLEMENTED, TOGETHER WITH ALL RULES, REGULATIONS AND INTERPRETATIONS
THEREUNDER OR RELATED THERETO.
(B)
"BANKRUPTCY COURT" SHALL MEAN THE UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA OR ANY OTHER COURT HAVING JURISDICTION OVER
THE CHAPTER 11 CASE FROM TIME TO TIME.
(C)
"BUDGET" SHALL MEAN THE BUDGET PREPARED BY THE BORROWER AND
ATTACHED HERETO AS SCHEDULE 6.1(I), SETTING FORTH INFORMATION FOR ANY SUBSEQUENT
PERIOD OR PERIODS.
(D)
"DEBTOR" SHALL MEAN GARDENBURGER, INC., AS DEBTOR AND
DEBTOR-IN-POSSESSION, AND ITS SUCCESSORS AND ASSIGNS (INCLUDING, WITHOUT
LIMITATION, ANY TRUSTEE OR OTHER FIDUCIARY HEREAFTER APPOINTED AS ITS LEGAL
REPRESENTATIVE OR WITH RESPECT TO THE PROPERTY OF THE ESTATE OF SUCH CORPORATION
WHETHER UNDER CHAPTER 11 OF THE BANKRUPTCY CODE OR ANY SUBSEQUENT CHAPTER 7 CASE
AND ITS SUCCESSOR UPON CONCLUSION OF THE CHAPTER 11 CASE OF SUCH CORPORATION).
(E)
"FILING DATE" SHALL MEAN THE DATE OF THE COMMENCEMENT OF THE
CHAPTER 11 CASE.
(F)
"FINANCING ORDER" SHALL MEAN, COLLECTIVELY, THE INTERIM FINANCING
ORDER AND SUCH OTHER ORDERS RELATING THERETO OR AUTHORIZING THE GRANTING OF
CREDIT BY LENDER TO THE DEBTOR ON AN EMERGENCY, INTERIM OR PERMANENT BASIS,
PURSUANT TO SECTION 364 OF THE BANKRUPTCY CODE AS MAY BE ISSUED OR ENTERED BY
THE BANKRUPTCY COURT IN THE CHAPTER 11 CASE.
(G)
"INTERIM FINANCING ORDER" SHALL MEAN THAT CERTAIN INTERIM
FINANCING ORDER (ACCEPTABLE IN FORM AND SUBSTANCE TO THE LENDER) ENTERED BY THE
BANKRUPTCY COURT AUTHORIZING THE SECURED FINANCING UNDER THE LOAN DOCUMENTS.
(H)
"POST-PETITION AGREEMENTS" SHALL MEAN THE LOAN DOCUMENTS AS IN
EFFECT IMMEDIATELY FOLLOWING THE FILING DATE, AND SHALL INCLUDE, WITHOUT
LIMITATION, THE RATIFICATION AND AMENDMENT AGREEMENT.
(I)
"POST-PETITION COLLATERAL" SHALL MEAN, ALL NOW EXISTING OR
HEREAFTER ACQUIRED REAL AND PERSONAL PROPERTY (INCLUDING, WITHOUT LIMITATION,
AND BY WAY OF GENERAL DESCRIPTION ONLY, INVENTORY, ACCOUNTS RECEIVABLE,
MACHINERY, EQUIPMENT, FURNITURE AND FIXTURES, REAL PROPERTY, GENERAL INTANGIBLES
AND THE CASH AND NON-CASH PROCEEDS THEREOF) OF THE DEBTOR AND THE DEBTOR'S
ESTATE, WHEREVER LOCATED, OF ANY KIND OR NATURE, UPON