ARTICLE 5. AFFIRMATIVE COVENANTS
The Borrower hereby agrees that, so long as the Commitments remain in effect or any Loan or other amount is owing to Lender, the Borrower shall furnish:
5.1 Financial Statements. Provide to Lender:
(a) as soon as available, but in any event within 90 days after the end of each fiscal year of the Borrower, a copy of the audited statement of financial position of the Borrower as at the end of such year and the related audited statements of comprehensive income and of cash flows for such year, setting forth in each case in comparative form the figures as of the end of and for the previous year, reported on without a "going concern" or like qualification or exception, or qualification arising out of the scope of the audit, by an independent auditor of nationally recognized standing; and
5.2 Certificates; Other Information. Provide to Lender:
(a) concurrently with the delivery of the financial statements referred to in Section 5.1(a), a certificate of the independent certified public accountants reporting on such financial statements stating that in making the examination necessary therefore no knowledge was obtained of any Default or Event of Default, except as specified in such certificate (it being understood that such certificate shall be limited to the items that independent certified public accountants are permitted to cover in such certificates pursuant to their professional standards and customs of the profession);
(b) concurrently with the delivery of any financial statements pursuant to Section 5.1 (a), a certificate of a Responsible Officer stating that, to the best of such Responsible Officer's knowledge, each Loan Party during such period has observed or performed all of its covenants and other agreements, and satisfied every condition, contained in this Agreement and the other Loan Documents to which it is a party to be observed, performed or satisfied by it, and that such Responsible Officer has obtained no knowledge of any Default or Event of Default except as specified in such certificate.
5.3 Maintenance of Property; Insurance. Take action to ensure:
(a) all Property and systems useful and necessary in its business in good working order and condition, ordinary wear and tear excepted and
(b) maintain with financially sound and reputable insurance companies insurance on all its Property in at least such amounts and against at least such risks (but including in any event public liability, product liability and business interruption) as are usually insured against in the same general area by companies engaged in the same or a similar business.
5.4 Inspection of Property; Books and Records; Discussions. Take action to ensure:
(a) proper books of records and account in which full, true and correct entries in conformity with IFRS and all Requirements of Law shall be made of all dealings and transactions in relation to its business and activities and
(b) permit representatives of the Lender to visit and inspect any of its properties and examine and make abstracts from any of its books and records at any reasonable time and as often as may reasonably be desired (but not more than once in any 180-day period, unless a Default or an Event of Default shall have occurred and be continuing) and to discuss the business, operations, properties and financial and other condition of the Borrower and its Subsidiaries with officers and employees of the Borrower and its Subsidiaries and with its independent certified public accountants.
ARTICLE 6. NEGATIVE COVENANTS
The Borrower hereby agrees that, so long as the Commitments remain in effect or any Loan or other amount is owing to any Lender or any Agent hereunder, the Borrower shall not, directly or indirectly:
6.1 Limitation on Changes in Fiscal Periods. Permit the fiscal year of the Borrower to end on a day other than December 31.
6.2 Limitation on Lines of Business. Enter into any business, either directly or through any Subsidiary, except for those businesses in which the Borrower and its Subsidiaries are engaged on the date of this Agreement or that are reasonably related thereto.
6.3 Debt Ratio. The debt ratio is defined as total liabilities divided by total assets. Maintain a debt ratio of no more than 70%, as evaluated at least on an annual basis, at the fiscal year end, by the Borrower.
6.4 Debt to Equity Ratio. The debt to equity ratio is defined as total liabilities divided by total stockholders’ equity. Maintain a debt to equity ratio of no more than 1.25, as evaluated at least on an annual basis, at the fiscal year end, by the borrower.
6.5 Current Ratio. The current ratio is defined as current assets divided by current liabilities. Maintain a current ratio of no less than 1.50, as evaluated at least on an annual basis, at the fiscal year end, by the borrower.