Common use of Annual Audited Financial Statements Clause in Contracts

Annual Audited Financial Statements. As soon as available, but no later than the earlier of (i) ninety-five (95) days after the last day of Borrower’s fiscal year, or (ii) within five (5) days of filing with the SEC, Borrower’s audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than and in any event within 180 days following the earlier of (i) ninety-five (95) days after the last day end of Borrower’s fiscal year, or (ii) within five (5) days of filing with the SEC, Borrower’s audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified (excepting any qualification as to negative profits or going concern due to a current maturity of the Loans) opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent, provided, that if the Permitted SPAC Transaction is not completed, such annual audited statement shall be delivered commencing with the fiscal year ending December 31, 2022;

Annual Audited Financial Statements. As soon as available, but no later than the earlier of one hundred eighty (i) ninety-five (95180) days after the last day of Borrower’s fiscal year, year or (ii) within five (5) days of filing with the SEC, Borrower’s audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements (or qualified only as to going concern typical for companies similar to Borrower) from an independent certified public accounting firm reasonably acceptable to BankCollateral Agent in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than the earlier of one hundred eighty (i) ninety-five (95180) days after the last day of Borrower’s fiscal year, or (ii) within five (5) days of filing with the SEC, Borrower’s audited consolidated financial statements prepared under in accordance with GAAP, consistently applied, together with an unqualified opinion (other than a “going concern” or like qualification or exception solely as a result of the final maturity date of any Advance being scheduled to occur within twelve (12) months from the date of such opinion, or, as otherwise consented to in writing by Lender) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankLender;

Annual Audited Financial Statements. As soon as available, but no later than the earlier of one hundred eighty (i) ninety-five (95180) days after the last day of Borrower’s fiscal year beginning with the 2012 fiscal year, or (ii) within five (5) days of filing with the SEC, Borrower’s audited consolidated and consolidating (or combined, as applicable) financial statements of Borrower, the Subsidiaries and the Related Special Purpose Entities, prepared under GAAP, consistently applied, together with an unqualified opinion (other than with respect to a going concern comment typical for venture backed companies) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than the earlier of one hundred eighty (i) ninety-five (95180) days after the last day of Borrower’s fiscal yearyear (for the avoidance of doubt, or (ii) within five (5) days of filing commencing with the SEC, Borrower’s fiscal year ending December 31, 2019), audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (except the opinion may contain a qualification as to going concern relating solely to sufficient liquidity that is typical for venture backed companies) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;