Accounting, Financial and Other Information Sample Clauses

Accounting, Financial and Other Information. The Borrower shall: (a) furnish to the Intercreditor Agent: (i) within 60 days following the end of the first three fiscal quarters of each fiscal year, beginning with the fiscal quarter ending September 30, 2019, consolidating unaudited statements of income and cash flows of the Obligors for such period and for the period from the beginning of the respective fiscal year to the end of such period and the related balance sheet as at the end of such period, setting forth in each case in comparative form the corresponding figures for the corresponding period in the preceding fiscal year; and (ii) within 120 days after the end of each fiscal year beginning with the fiscal year ending December 31, 2019, the Obligors’ consolidating annual financial statements, audited by the Independent Accountants, accompanied by an audit opinion of such Independent Accountants to the effect that such financial statements fairly present, in all material respects, the financial position and results of operations and cash flows of the Obligors in accordance with GAAP (which opinion shall not be subject to any “going concern” qualification); and (b) concurrently with the delivery of the financial statements pursuant to clause (a) above, furnish: (i) a certificate executed by an Authorized Officer of each of the Obligors certifying that such financial statements fairly present in all material respects the financial condition and results of operations of the Obligors on the dates and for the periods indicated in accordance with GAAP, subject, in the case of a quarterly financial statement, to the absence of notes and normal year-end audit adjustments; (ii) a certificate executed by an Authorized Officer of the Borrower certifying that no Unmatured Loan Facility Event of Default or Loan Facility Event of Default exists as of the date of such certificate or, if any Unmatured Loan Facility Event of Default or Loan Facility Event of Default exists, specifying the nature and extent thereof; and (iii) a written summary of Gas xxxxxx entered into by any Obligor, detailing aggregate outstanding contract volumes, price ranges of such Gas xxxxxx and the associated value at risk with respect to such Gas xxxxxx for the Development as of the end of each quarter. (c) Upon a reasonable request from any Facility Agent, furnish (i) any change in the information provided in the Beneficial Ownership Certification that would result in a change to the list of beneficial owners identified in sections (i)...
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Accounting, Financial and Other Information. The Borrower shall: (a) furnish to the Intercreditor Agent: (i) within 60 days following the end of the first three fiscal quarters of each fiscal year, beginning with the fiscal quarter ending March 31, 2023, (x) the unaudited consolidating balance sheet of the Obligors as of the end of such quarter, (y) the unaudited consolidating statement of operations of the Obligors for such quarter and the portion of the fiscal year through the end of such quarter, and (z) the unaudited statement of cash flows of the Obligors for the portion of the fiscal year through the end of such quarter; and (ii) within 120 days after the end of each fiscal year beginning with the fiscal year ending December 31, 2022, the Obligors’ consolidating annual financial statements, audited by the Independent Accountants, accompanied by an audit opinion of such Independent Accountants to the effect that such financial statements fairly present, in all material respects, the financial position and results of operations and cash flows of the Obligors in accordance with GAAP (which opinion shall not be subject to any “going concern” qualification); and (A) concurrently with the delivery of the financial statements pursuant to clause (a)(i) above for each fiscal quarter beginning with the fiscal quarter ending March 31, 2023, (x) in comparative form, the unaudited consolidating balance sheet of the Obligors as of the end of the prior fiscal year, (y) in comparative form, the unaudited consolidating statement of operations of the Obligors for such quarter and the portion of the fiscal year through the end of such quarter for the corresponding period in the previous year and (z) in comparative form, the unaudited statement of cash flows of the Obligors for the portion of the fiscal year through the end of such quarter for the corresponding period in the previous year and (B) concurrently with the delivery of the financial statements pursuant to clause (a)(ii) above for each fiscal year beginning with the fiscal year ending December 31, 2023, comparative form financial statements with respect to the prior fiscal year. (b) concurrently with the delivery of the financial statements pursuant to clause (a) above, furnish: (i) a certificate executed by an Authorized Officer of each of the Obligors certifying that such financial statements fairly present in all material respects the financial condition and results of operations of the Obligors on the dates and for the periods indicated in accordance...
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Related to Accounting, Financial and Other Information

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • Representations and Warranties Borrower represents and warrants as follows:

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Dimensions Education Bachelor’s or Master’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 5 years of IT work experience with demonstrated knowledge in architecture design, software development, database management systems and systems integration in multi-platform environments.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

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