Accounting; Financial Statements and Other Information. Borrower will maintain a system of accounts established and administered in accordance with Generally Accepted Accounting Principles consistently applied. Borrower will deliver or cause to be delivered to Lender: Financial Reports -----------------
(i) as soon as available and in any event within forty-five (45) days after the end of each of the first three (3) fiscal quarters of each fiscal year of Parent, consolidated and consolidating financial statements of Parent and its Subsidiaries (including, after the Merger, Borrower), including a balance sheet as of the end of period, and statements of income for the period(s) that have been included as part of the consolidated financial statement disclosure of Parent's SEC Form 10-Q filing, which in the case only of the consolidated financial statements of Parent, have been reviewed by Parent's appointed independent accounting firm, along with statements of cash flows for that period. In connection with the delivery of such quarterly financial statements, an officer, on behalf of Borrower, will provide written representation that there is no knowledge of an Event of Default or an event that with notice or lapse of time or both could constitute and Even of Default, has occurred and is continuing or if in the opinion of said individual an Event of Default or such an event has occurred and is continuing a statement as to the nature thereof and the action which Borrower proposes to take with respect thereto (the provision for such a statement herein shall in no way be construed as a consent to the existence of such an Event of Default and of the granting of time to cure);
(ii) as soon as available and in any event within one hundred twenty (120) days after the end of each fiscal year of Parent, consolidated and consolidating financial statements of Parent (including, after the Merger, Borrower), including a balance sheet as of the end of such fiscal year and statements of income for the year(s) that have been included as part of the consolidated financial statement disclosure of Parent's SEC Form 10-K filing, which in the case only of the consolidated financial statements of Parent, have been audited by Parent's appointed independent accounting firm, and statements of cash flow for that period. In connection with the delivery of such annual financial statements, an officer, on behalf of Borrower, will provide written representation that there is no knowledge of an Event of Default or an event that with notice or la...
Accounting; Financial Statements and Other Information. Borrower shall maintain a standard system of accounting, established and administered in accordance with GAAP consistently followed throughout the periods involved, and will set aside on its books for each Quarter and fiscal year, the proper amounts or accruals for depreciation, obsolescence, amortization, bad debts, current and deferred taxes, prepaid expenses, and for other purposes as shall be required by GAAP. Borrower will deliver or cause to be delivered to the Lender:
(a) As soon as practicable after the end of each Quarter in each fiscal year, except the last, and in any event within forty-five (45) days thereafter, financial statements, including income statement, balance sheet, statement of condition of the Borrower as of the end of such Quarter, and statements of cash flow, changes in financial position, and common shareholder's equity for such Quarter, certified as complete and correct by the principal financial officer of Borrower, subject to changes resulting from year-end adjustments;
(b) As soon as practicable after the end of each fiscal year, and in any event within ninety (90) days thereafter, audit quality financial statements, including income statement, balance sheet, statement of condition of the Borrower as of the end of such year, and statement of cash flow and changes in financial position of the Borrower for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared by an independent certified public accountant, selected by Borrower and satisfactory to the Lender, and prepared in accordance with generally accepted review standards;
Accounting; Financial Statements and Other Information. Borrower shall maintain a standard system of accounting, established and administered in accordance with GAAP consistently followed throughout the periods involved, and will set aside on its books for each fiscal quarter and fiscal year, the proper amounts or accruals for depreciation, obsolescence, amortization, bad debts, current and deferred taxes, prepaid expenses, and for other purposes as shall be required by GAAP. Borrower will deliver or cause to be delivered to the Lender:
(a) As soon as practicable after the end of each quarter in each fiscal year, except the last, and in any event within 45 days thereafter, financial statements, including income statement, balance sheet, statement of condition of the Borrower as of the end of such quarter, and statements of cash flow, changes in financial position, and common shareholder’s equity for such quarter;
(b) As soon as practicable after the end of each fiscal year, and in any event within 120 days thereafter, financial statements, including income statement, balance sheet, statement of condition of the Borrower as of the end of such year, and statement of cash flow and changes in financial position of the Borrower for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared by an independent certified public accountant, accompanied by a report and unqualified opinion of an independent certified public accountant of recognized standing, selected by Borrower and satisfactory to the Lender, and prepared in accordance with generally accepted auditing standards;
(c) Together with each set of financial statements required under subparagraphs (a) and (b) a certificate in the form of Exhibit C, substantially in the form attached hereto, of the principal financial officer or other appropriate officer of Borrower (in his capacity as such officer on behalf of Borrower and not individually) stating (i) that the representations and warranties contained in this Agreement are true and correct in all material respects as of the date of the certificate, and whether or not there exists any Event of Default or Potential Default, specifying the nature and period of existence thereof and what action, if any, the Borrower is taking or proposes to take with respect thereto, and (ii) if such financials statements are quarterly financial statements, that such financial statements are complete and accurate in all material respects, subject to chang...
Accounting; Financial Statements and Other Information. While any amount owing under this Agreement or any of the other Documents remains unpaid, or the Administrative Agent or the Credit Facility Lenders have any obligations under this Agreement or any of the other Documents, each Borrower covenants with each Credit Facility Lender and the Administrative Agent as follows:
Accounting; Financial Statements and Other Information. Borrower shall maintain a system of accounts established and administered in accordance with GAAP and practices consistently applied. Borrower shall deliver or cause to be delivered to Lender:
Accounting; Financial Statements and Other Information. While any amount owing under this Agreement or any of the other Documents remains unpaid, or the Agent or any Lender has any obligations under this Agreement or any of the other Documents, the Borrower covenants with the Agent and each Lender as follows:
Accounting; Financial Statements and Other Information. The Borrower will maintain, a standard system of accounting, established and administered in accordance with GAAP consistently followed throughout the periods involved, and will set aside on its books, for each fiscal year, the proper amounts for depreciation, obsolescence, amortization, bad debts, current and deferred taxes, and other purposes as shall be required by GAAP. The Borrower will deliver to the Bank or cause to be delivered to the Bank:
(a) Monthly internally prepared financial statements for Borrower certified as being true, accurate and complete by an officer of the Borrower, not later than fifty (50) days after the expiration of each month;
(b) As soon as practicable after the end of each fiscal year, and in any event within ninety-five (95) days thereafter, the audited annual financial statements of Borrower, including the balance sheets, as at the end of such fiscal year, together with related statements of income and retained earnings (or accumulated deficit) and statement of cash flows for such fiscal year, setting forth in comparative form the corresponding figures as at the end of or for the previous fiscal year, all in reasonable detail and in accordance with GAAP, prepared by a certified public accountant reflected by the Borrower and acceptable to Bank;
(c) quarterly and annual covenant compliance certificates for Borrower certified as being true, accurate, and complete by of officer of the Borrower, relating to those covenants describe in Section 6.10, below, not later than fifty (50) days after the expiration of each fiscal quarter and ninety-five (95) days after expiration of each fiscal year, as applicable, of the Borrower;
(d) With reasonable promptness, such other data and information as from time to time may be reasonably requested by the Bank.
Accounting; Financial Statements and Other Information. The Company will maintain, and will cause each Subsidiary to maintain, a standard system of accounting, established and administered in accordance with GAAP consistently followed through out the periods involved, and will set aside on its books, for each fiscal year, the proper amounts for depreciation, obsolescence, amortization, bad debts, current and deferred taxes, and other purposes as shall be required by GAAP. The Company, unless the Bank shall otherwise consent in writing, will deliver to the Bank or cause to be delivered to the Bank:
Accounting; Financial Statements and Other Information. So long as any Note or Warrant remains outstanding, the Company will maintain a system of accounting established and administered in accordance with generally accepted accounting principles. The Company will deliver in duplicate to Purchaser, so long as Purchaser holds the Note or Warrant:
(a) As soon as practicable after the end of each of the first three quarterly fiscal periods in each fiscal year, and in any event within 45 days thereafter, a consolidated balance sheet of the Company and its Subsidiaries as of the end of such period, consolidated statements of income and retained earnings of the Company and its Subsidiaries for such period (and, in the case of the second and third quarterly periods, for the period from the beginning of the current fiscal year to the end of such quarterly period),
Accounting; Financial Statements and Other Information. The Company will maintain a standard system of accounting, established and administered in accordance with GAAP consistently followed throughout the periods involved, and will set aside on its books for each fiscal quarter the proper amounts or accruals for depreciation, obsolescence, amortization, bad debts, current and deferred taxes, prepaid expenses, and for other purposes as shall be required by GAAP
