Kodak 2011 Annual Report Download - page 223

except to the extent prohibited by the Pensions Act 2004, such other information respecting the Company or any of its Subsidiaries as any Lender through
the Agent may from time to time reasonably request;
(viii) weekly, on or before the third Business Day following the end of every calendar week (for purposes of this section,
each calendar week being deemed to end on Friday), commencing with the calendar week ending January 27, 2012, a 13-Week Projection;
(ix) a Borrowing Base Certificate substantially in the form of Exhibit G as of the date required to be delivered or so
requested, in each case with supporting documentation (including, without limitation, the documentation described in Schedule 1 to Exhibit G )
shall be furnished to the Agent: (A) semi-monthly (as of the 15
th
day and as of the last day of each month (or, if either such day is not a Business
Day, as of the Business Day immediately preceding such 15
th
or last day, as applicable)), on or before the third Business Day following each 15
th
day and each last day of each month, commencing January 31, 2012, which Borrowing Base Certificate shall reflect the Collateral contained in the
Borrowing Base updated as of such 15
th
or last day of each month, as applicable; (B)
immediately, if at any time the Company becomes aware that
the Borrowing Base, assuming it were to be calculated at such time, would be less than 85% of the Borrowing Base as set forth in the most recently
delivered Borrowing Base Certificate, (C) in addition to the bi-weekly Borrowing Base Certificates required pursuant to clause (A) and the
immediate Borrowing Base Certificates required pursuant to clause (B) , upon the occurrence and continuance of an Event of Default, on or before
the third Business Day following the end of each calendar week, which weekly Borrowing Base Certificate shall reflect the Collateral included in
the Borrowing Base updated as of the immediately preceding Monday; and (D) if requested by the Agent at any other time when the Agent
reasonably believes that the then existing Borrowing Base Certificate is materially inaccurate, as soon as reasonably available after such request; in
each case with supporting documentation as the Agent, the Lenders or the Collateral Agent may reasonably request (including without limitation,
the documentation described on Schedule 1 to Exhibit G );
(x) (A) promptly and in any event within 20 days after any Loan Party or any ERISA Affiliate knows or has reason to know
that any ERISA Event or Termination Event has occurred, a statement of a Responsible Officer of such Loan Party describing such ERISA Event
or Termination Event and the action, if any, that such Loan Party or such ERISA Affiliate has taken and proposes to take with respect thereto and
(B) on the date any records, documents or other information must be furnished to the PBGC with respect to any Plan pursuant to Section 4010 of
ERISA or to the Ontario Superintendent of Pensions with respect to a Termination Event affecting any Canadian Pension Plan, a copy of such
records, documents and information;
(xi) promptly and in any event within two business days after receipt thereof by any Loan Party or any ERISA Affiliate,
copies of each notice from the PBGC or other governmental or regulatory authority stating its intention to terminate any Plan or any Canadian
Pension Plan or to have a trustee appointed to administer any Plan or any Canadian Pension Plan;
(xii)
promptly and in any event within five business days after receipt thereof by any Loan Party or any ERISA Affiliate from
the sponsor of a Multiemployer Plan, copies of each notice concerning (A) the imposition of Withdrawal Liability by any such Multiemployer
Plan, (B) the reorganization or termination, within the meaning of Title IV of ERISA, of any such Multiemployer Plan or (C) the amount of
liability incurred, or that may be incurred, by such Loan Party or any ERISA Affiliate in connection with any event described in clause (A) or
(B) ;
(xiii) (A) not later than September 30, 2012, (1) audited “carve-out” financial statements (including statements of financial
position, earnings and cash flows) for each of the
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