A RESERVE REPORT EFFECTIVE
AS OF THE PRECEDING JUNE 30, AND (II) AT THE TIME SPECIFIED IN SECTION 2.16(C)
IN CONNECTION WITH ANY SPECIAL DETERMINATION, A RESERVE REPORT EFFECTIVE AT THE
TIME SPECIFIED IN SECTION 2.16(C), IN EACH CASE BY PETROLEUM ENGINEERS WHO ARE
EMPLOYEES OF BORROWER (OR, AT BORROWER'S OPTION, BY AN INDEPENDENT ENGINEERS AS
SPECIFIED ABOVE), IN THE SAME FORM AND SCOPE AS THE REPORT IN SECTION 4.1(I),
WHICH REPORT SHALL BE ACCOMPANIED BY UPDATES, IF ANY, TO THE MOST RECENT REPORTS
SPECIFIED IN SECTION 4.1(I) TO THE EXTENT NECESSARY FOR SUCH REPORTS TO BE
ACCURATE IN ALL MATERIAL RESPECTS ON THE DATE OF THE APPLICABLE RESERVE REPORT
PROVIDED PURSUANT TO THIS SECTION 4.1(J);
(K)
RESERVE DOCUMENTS. AT THE TIME OF DELIVERY OF ANY REPORT PURSUANT
TO SECTION 4.1(I) OR (J): (I) A REPORT DETAILING BY LEASE OR UNIT THE GROSS
VOLUME OF PRODUCTION AND SALES ATTRIBUTABLE TO PRODUCTION OF HYDROCARBONS FROM
THE OIL AND GAS PROPERTIES DESCRIBED IN THE MOST RECENT RESERVE REPORT FOR THE
MONTH MOST RECENTLY AVAILABLE AND FOR EACH PRIOR MONTH SINCE THE LAST REPORT
DELIVERED PURSUANT TO THIS SUBSECTION AND DESCRIBING THE RELATED SEVERANCE
TAXES, OTHER TAXES, AND LEASEHOLD OPERATING EXPENSES ATTRIBUTABLE TO EACH LEASE
OR UNIT AND INCURRED DURING EACH SUCH MONTH, (II) A LIST OF PERSONS PURCHASING
ANY MATERIAL PRODUCTION OF HYDROCARBONS FROM THE OIL AND GAS PROPERTIES, AND
(III) SUCH OTHER REPORTS, DATA AND SUPPLEMENTAL INFORMATION NECESSARY TO CAUSE
THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 3.23 AND SECTION 3.24 TO
BE TRUE AND CORRECT AND SUCH OTHER INFORMATION AS MAY BE REASONABLY REQUESTED BY
ADMINISTRATIVE AGENT OR REQUIRED LENDERS IN CONNECTION WITH A DETERMINATION OF
THE BORROWING BASE (THE RESERVE REPORT, SUCH CERTIFICATE AND SUCH REPORTS, DATA
AND SUPPLEMENTAL INFORMATION, THE "RESERVE DOCUMENTS");
(L)
CREDIT PARTY INFORMATION. WITH REASONABLE PROMPTNESS, SUCH OTHER
INFORMATION AND DATA WITH RESPECT TO ANY CREDIT PARTY AS FROM TIME TO TIME MAY
BE REASONABLY REQUESTED BY ADMINISTRATIVE AGENT OR ANY LENDER.
Documents required to be delivered pursuant to Section 4.1(a), Section 4.1(b) or
Section 4.1(e) (to the extent any such documents are included in materials
otherwise filed with the Securities and Exchange Commission) may be delivered
electronically and if so delivered, shall be deemed to have been delivered on
the date on which Borrower posts such documents, or provides a link
48
thereto on Borrower's website on the Internet at ;
or (ii) on which such documents are posted on Borrower's behalf on an Internet
or intranet website reasonably acceptable to Administrative Agent to which each
Lender and Administrative Agent have access; provided that Borrower shall notify
Administrative Agent and each Lender (by telecopier or electronic mail) of the
posting of any such documents, and Borrower shall provide to Administrative
Agent by electronic mail electronic versions (i.e., soft copies) of such
documents; notwithstanding anything contained herein, in every instance Borrower
shall be required to provide paper copies of the compliance certificate required
by Section 4.1(c) to Administrative Agent, which shall then promptly furnish