2007 Financial Statements Sample Clauses

2007 Financial Statements. On or before April 30, 2008, the Borrower shall provide to the Agent a copy of the final annual audit report of the Borrower and its Subsidiaries for the fiscal year 2007 containing, on a consolidated and consolidating basis, balance sheets and statements of income, retained earnings, and cash flow as at the end of fiscal year 2007 and for the 12-month period then ended, in each case setting forth in comparative form the figures for the preceding fiscal year, all in reasonable detail and audited and certified by independent certified public accountants of recognized standing reasonably acceptable to the Agent, to the effect that such report has been prepared in accordance with GAAP and containing no material qualifications or limitations on scope.

2007 Financial Statements. The consolidated financial statements of the Company as of the year ended December 31, 2007 (a) are derived from the internal accounting records of the Company, (b) are prepared on a basis substantially consistent with the audited financial statements of the Company included in the Registration Statement, the General Disclosure Package and the Prospectus, and (c) present fairly, in all material respects, the financial position of the Company at December 31, 2007, and the financial condition, results of operations and cash flows for the year ended December 31, 2007, in conformity with GAAP.

2007 Financial Statements. The Company will use its best efforts to deliver to the Buyer by March 15, 2008, the consolidated balance sheet of the Company and its Subsidiaries, as at December 31, 2007, together with the related consolidated statements of operations, shareholders’ equity and cash flows of such Companies for the twelve (12) months then ended, as audited by Deloitte & Touche LLP (the “2007 Audit”).

2007 Financial Statements. It is understood and agreed between Buyer and Sellers that if the audit of the financial statements of Channelview LP for the period ended December 31, 2007 (the “2007 Financial Statements”) is completed on or prior to Closing, a true, correct and complete copy of the audited 2007 Financial Statements shall be promptly provided to Buyer. If the audit of the 2007 Financial Statements is not completed prior to Closing (i.e., the auditors have not completed their review and approval thereof), Sellers shall provide at Closing (and, to the extent necessary, at any time thereafter that further information is reasonably requested by Buyer, provided that such information has to such date been retained by Sellers or their Affiliates) to Buyer the current form of the 2007 Financial Statements that are under review by the auditors, contact information for such auditors, all correspondence to and from such auditors relating to the 2007 Financial Statements which does not contain confidential information about the Sellers’ Affiliates, and any other relevant documentation and/or materials in Sellers’ possession or control that is reasonably requested by Buyer in order for the auditors to complete the audit of the 2007 Financial Statements. Buyer, acknowledges that Sellers’ auditors are under no obligation to, and may opt not to, complete an audit of the 2007 Financial Statements.