Kodak 2011 Annual Report Download - page 222

in each case, the Consolidated statement of financial position of the Company and its Consolidated Subsidiaries as of the end of such month and
Consolidated statements of earnings and cash flows of the Company and its Consolidated Subsidiaries for the period commencing at the end of the previous
fiscal year and ending with the end of such month, and certificates of a Responsible Officer of the Company as to compliance with the terms of this
Agreement and setting forth in reasonable detail the calculations necessary to demonstrate compliance with Section 5.02(q) , as applicable, and Section 5.02
(r) , as of the last day of such period;
(ii) as soon as available and in any event within 45 days after the end of each of the first three quarters of each fiscal year of
the Company, the Consolidated statement of financial position of the Company and its Consolidated Subsidiaries as of the end of such quarter and
Consolidated statements of earnings and cash flows of the Company and its Consolidated Subsidiaries for the period commencing at the end of the
previous fiscal year and ending with the end of such quarter, duly certified by the chief financial officer of the Company as having been prepared
in accordance with generally accepted accounting principles subject to normal year-end adjustments and other items, such as footnotes, omitted in
interim statements;
(iii) as soon as available and in any event (A) with respect to the fiscal year of the Company ended December 31, 2011,
within 120 days after the end of such fiscal year of the Company and (B) with respect to any subsequent fiscal year of the Company, within 90
days after the end of such fiscal year of the Company, in each case, a copy of the annual audit report for such year for the Company and its
Consolidated Subsidiaries, containing the Consolidated statement of financial position of the Company and its Consolidated Subsidiaries as of the
end of such fiscal year and Consolidated statements of earnings and cash flows of the Company and its Consolidated Subsidiaries for such fiscal
year, in each case accompanied by an opinion acceptable to the Required Lenders by registered independent public accountants reasonably
acceptable to the Agent;
(iv) as soon as practicable and in any event within five days after the management of the Company has knowledge of the
occurrence of each Default continuing on the date of such statement, a statement of a Responsible Officer of the Company setting forth details of
such Default and the action that the Company has taken and/or proposes to take with respect thereto;
(v) promptly after the sending or filing thereof, copies of all reports that the Company sends to any of its securityholders, and
copies of all reports and registration statements that the Company or any Subsidiary files with the Securities and Exchange Commission or any
national securities exchange;
(vi) notice of all actions and proceedings before any court, governmental agency or arbitrator affecting the Company or any
of its Subsidiaries of the type which would have been required to be disclosed under Section 4.01(f) , promptly after the later of the
commencement thereof or knowledge that such actions or proceedings are reasonably likely to be of a type which would have been required to be
disclosed under Section 4.01(f) ;
(vii) from and after the date on which the US Security Agreement and the Canadian Security Agreement shall have been
executed and delivered by the applicable Loan Parties, as soon as available and in any event no later than 45 days after the end of each fiscal
quarter, amended or supplemented Schedules setting forth such information as would be required to make the representations set forth in Section 6
(a), (c), (d), (h), (i), (l) and (p)(iii) of the US Security Agreement and Section 6(a), (c), (d), (h), (i), (l) and (p)(iii) of the Canadian Security
Agreement true and correct as if the Schedules referenced therein were delivered on such date;
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