Annual Financial Statements and Budgets Sample Clauses

Annual Financial Statements and Budgets. (a) Annually, as soon as available, but in any event within one hundred five (105) days after the last day of each of LINC Group's or the Borrowers' (as applicable) fiscal years, consolidated and consolidating balance sheets of LINC Group, each of the Borrowers (the consolidating balance sheet of LCI shall set forth separately the financial information for LINC Capital Partners Division), respectively, in each case together with their respective Subsidiaries, as at such last day of the fiscal year applicable to such entity, and consolidated and consolidating statements of operations or income, cash flows, and stockholders' equity (such consolidating statements of LCI shall set forth separately the financial information for LINC Capital Partners Division), for such fiscal year, each prepared in accordance with GAAP and, as to the consolidated statements, certified without qualification by KPMG Peat Marwick or another firm of independent certified public accountants satisfactory to the Agent (provided that any of the "Big Six" accounting firms, or their successors by merger, shall be deemed satisfactory), as fairly presenting the financial position and the results of operations of LINC Group and the Borrowers, respectively, in each case together with their respective Subsidiaries, as at and for the year ending on each of its respective dates and as having been prepared in accordance with generally accepted accounting principles as to such consolidating statements; (b) Annually, as soon as available, but in any event within one- hundred twenty (120) days after the last day of each of the Borrowers' fiscal years, a Residual Realization Report for the Borrowers in form acceptable to the Agent, and a Borrowing Base Report, each reviewed by KPMG Peat Marwick or another firm of independent certified public accountants satisfactory to the Agent (provided that any of the "Big Six" accounting firms, or their successors by merger, shall be deemed satisfactory); (c) Annually, as soon as available, but in any event within one hundred twenty (120) days after the last day of each fiscal year of the Borrowers and all in form and substance acceptable to the Agent: an analysis of all Equipment owned and/or managed by the Borrowers; a list of the fifteen (15) largest customers of each of the Borrowers and of LINC Capital Partners Division; and a description of guarantees and contingent liabilities; (d) Annually, as soon as available, but in any event within ninety (90) days a...
Sample 1
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Annual Financial Statements and Budgets. The Company shall maintain a standard system of accounting in accordance with generally accepted accounting principles of the U.S. applied on a consistent basis ("GAAP") and shall make and keep books, records and accounts that, in reasonable detail, accurately and fairly reflect its transactions. Except as provided in Section 6.4, the Company shall deliver to each of the NBIC Holders and to a representative designated by the Existing Investors: (a) as soon as available, and in any event within 120 days after the end of each fiscal year of the Company commencing with December 31, 1999, an audited consolidated balance sheet, and related statements of operations and cash flows of the Company as of the end of such year; and (b) as soon as available, but in any event prior to commencement of each new fiscal year, a business plan and projected financial statements for such fiscal year.
Sample 1
Annual Financial Statements and Budgets. (a) The Borrower shall deliver to each Bank and the Agent, as soon as available but in any event within 95 days after the last day of each fiscal year, audited consolidated and unaudited consolidating balance sheets of DVI and its Subsidiaries as at the last day of such fiscal year, and audited consolidated and unaudited consolidating statements of income and retained earnings and statements of cash flow for such fiscal year, each prepared in accordance with GAAP and certified without qualification by Deloitte & Touche L.L.P. or another firm of independent certified public accountants satisfactory to the Agent as fairly presenting the financial position and the results of operations of DVI and its Subsidiaries at the end of and for such fiscal year and as having been prepared in accordance with GAAP. (b) The Borrower shall also deliver to each Bank and the Agent, as soon as available, DVI's Annual Report on Form 10-K as filed with the SEC for each fiscal year. (c) Promptly upon receipt, the Borrower shall deliver to each Bank and the Agent copies of all other reports submitted to DVI or the Borrower by DVI's independent accountants in connection with any annual or interim audit or review of the books of DVI or the Borrower made by such accountants.
Sample 1
Annual Financial Statements and Budgets. (a) As soon as available, but in any event within ninety (90) days after the end of each fiscal year of Tweeter, Tweeter shall furnish to the Agent and each Lender: (a) consolidated and consolidating balance sheets of Tweeter and its Subsidiaries as of the end of such fiscal year and consolidated and consolidating statements of income, shareholders' equity and cash flow of Tweeter and its Subsidiaries for such fiscal year, in each case (other than the consolidating statements) reported on by Deloitte & Touche LLP (or another "big six" accounting firm), or other independent certified public accountants of recognized national standing acceptable to the Lenders, which report shall express, without reliance upon others, a positive opinion regarding the fairness of the presentation of such financial statements in accordance with generally accepted accounting principles consistently applied, said report to be without qualification, except in cases of unresolved litigation and accounting changes with which such accountants concur, together with the statement of such accountants that they have caused the provisions of this Agreement to be reviewed and that nothing has come to their attention to lead them to believe that any Default exists hereunder or specifying any Default and the nature thereof and (b) a Compliance Certificate.
Sample 1
Annual Financial Statements and Budgets. The Company shall maintain a standard system of accounting in accordance with GAAP and shall make and keep books, records and accounts that, in reasonable detail, accurately and fairly reflect its transactions. Except as provided in paragraph 8(e), the Company shall deliver to each of the NBIC Stockholders, the Series D Stockholders and to a representative designated by the Existing Investors:
Sample 1
Annual Financial Statements and Budgets. Each Related Person will deliver Agent, on or before the 90th day after the close of each fiscal year of the Consolidated Group, a copy of (a) the annual audited consolidated and unaudited consolidating Financial Statements of the Consolidated Group and (b) the comment letter submitted by the accountants to management in connection with the annual report. Each Related Person will deliver to Agent, on or before the 30th day after the close of each fiscal year of the Consolidated Group, a copy of the proposed annual budget and business plan of the Consolidated Group.
Sample 1
Annual Financial Statements and Budgets. The Company shall --------------------------------------- maintain a standard system of accounting in accordance with generally accepted accounting principles applied on a consistent basis ("GAAP") and shall make and keep books, records and accounts that, in reasonable detail, accurately and fairly reflect its transactions. The Company shall deliver to each Shareholder the following: (a) As soon as available, and in any event within 120 days after the end of each fiscal year of the Company commencing with December 31, 1999, an audited consolidated balance sheet, and related statements of operations and cash flows of the Company as of the end of such year; and (b) As soon as available, but in any event prior to commencement of each new fiscal year, a business plan and projected financial statements for such fiscal year.
Sample 1
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Related to Annual Financial Statements and Budgets

  • Annual Financial Statements Within 90 days after the end of each Fiscal Year, commencing with the Fiscal Year ending December 31, 2011, (i) the consolidated balance sheets of Borrower and its Subsidiaries as at the end of such Fiscal Year and the related consolidated statements of income, stockholders’ equity and cash flows of Borrower and its Subsidiaries for such Fiscal Year, setting forth in each case in comparative form the corresponding figures for the previous Fiscal Year commencing with the first Fiscal Year for which such corresponding figures are available, all in reasonable detail, together with a Financial Officer Certification and a Narrative Report with respect thereto; and (ii) with respect to such consolidated financial statements a report thereon by an independent certified public accountant (or accountants) of recognized national standing selected by Borrower, and reasonably satisfactory to Administrative Agent (which report and/or the accompanying financial statements shall be unqualified as to going concern and scope of audit, and shall state that such consolidated financial statements fairly present, in all material respects, the consolidated financial position of Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated in conformity with GAAP applied on a basis consistent with prior years (except as otherwise disclosed in such financial statements) and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards) together with a written statement by such independent certified public accountants stating (1) that their audit examination has included a review of the terms of Section 6.7 of this Agreement and the related definitions, (2) whether, in connection therewith, any condition or event that constitutes a Default or an Event of Default under Section 6.7 has come to their attention and, if such a condition or event has come to their attention, specifying the nature and period of existence thereof, and (3) that nothing has come to their attention that causes them to believe that the information contained in any Compliance Certificate is not correct or that the matters set forth in such Compliance Certificate are not stated in accordance with the terms hereof (which statement may be limited to the extent required by accounting rules or guidelines);

  • Financial Statements; Fiscal Year The Current Financials were prepared in accordance with GAAP and present fairly, in all material respects, the consolidated financial condition, results of operations, and cash flows of the Companies as of, and for the portion of the fiscal year ending on the date or dates thereof (subject only to normal audit adjustments). All material liabilities of the Companies as of the date or dates of the Current Financials are reflected therein or in the notes thereto. Except for transactions directly related to, or specifically contemplated by, the Loan Documents or disclosed in the Current Financials, no subsequent material adverse changes have occurred in the consolidated financial condition of the Companies from that shown in the Current Financials. The fiscal year of each Company ends on December 31.

  • Financial Statements; Projections (a) The audited consolidated and consolidating balance sheet of the Reporting Companies for the most recent Fiscal Year ended, and the related consolidated and consolidating statements of income or operations, shareholders’ equity and cash flows for such Fiscal Year, including the notes thereto, as described more particularly in the Historical Financial Statements, copies of which have been furnished to each Lender (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of the Reporting Companies as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material Debts and other liabilities, direct or contingent, of the Reporting Companies as of the date thereof, including liabilities for taxes, material commitments and Debt. (b) The unaudited consolidated and consolidating balance sheet of the Reporting Companies for the most recent Fiscal Quarter ended, and the related consolidated and consolidating statements of income or operations, shareholders’ equity and cash flows for such Fiscal Quarter, as described more particularly in the Historical Financial Statements, copies of which have been furnished to each Lender (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, (ii) fairly present the financial condition of the Reporting Companies as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year‑end audit adjustments, and (iii) show all material Debts and other liabilities, direct or contingent, of the Reporting Companies as of the date of such financial statements, including liabilities for taxes, material commitments and Debt. (c) The consolidated and consolidating pro forma balance sheet of the Reporting Companies as of August 31, 2018, a copy of which has been furnished to each Lender, fairly presents the consolidated and consolidating pro forma financial condition of the Reporting Companies as of such date and the consolidated and consolidating pro forma results of operations of the Reporting Companies for the period ended on such date, all in accordance with GAAP. (d) The consolidated and consolidating forecasted balance sheet and statements of income and cash flows of the Reporting Companies delivered pursuant to Section 7.1(j) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, Borrowers’ good faith estimate of the Reporting Companies’ future financial condition and performance; it being understood that such projections may vary from actual results and that such variances may be material.

  • Historical Financial Statements The Historical Financial Statements were prepared in conformity with GAAP and fairly present, in all material respects, the financial position, on a consolidated basis, of the Persons described in such financial statements as at the respective dates thereof and the results of operations and cash flows, on a consolidated basis, of the entities described therein for each of the periods then ended, subject, in the case of any such unaudited financial statements, to changes resulting from audit and normal year-end adjustments.

  • Annual Audited Financial Statements As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, 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;

  • Additional Financial Statements Seller shall promptly furnish to Buyer a copy of all Financial Statements for each additional month-end period beyond the Balance Sheet Date as soon as same is regularly prepared by Seller in the Ordinary Course of Business. All such additional Financial Statements shall be subject to the same representations and warranties as contained in Section 3.23

  • Quarterly Financial Statements As soon as available and in any event within 5 days after the date on which such financial statements are required to be filed with the SEC (after giving effect to any permitted extensions) with respect to each of the first three quarterly accounting periods in each fiscal year of the Borrower (or, if such financial statements are not required to be filed with the SEC, on or before the date that is 45 days after the end of each such quarterly accounting period), the consolidated balance sheets of the Borrower and the Subsidiaries and, if different, the Borrower and the Restricted Subsidiaries, in each case as at the end of such quarterly period and the related consolidated statements of operations for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and the related consolidated statement of cash flows for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and setting forth comparative consolidated figures for the related periods in the prior fiscal year or, in the case of such consolidated balance sheet, for the last day of the prior fiscal year (or, in lieu of such unaudited financial statements of the Borrower and the Restricted Subsidiaries, a detailed reconciliation reflecting such financial information for the Borrower and the Restricted Subsidiaries, on the one hand, and the Borrower and the Subsidiaries, on the other hand), all of which shall be certified by an Authorized Officer of the Borrower as fairly presenting in all material respects the financial condition, results of operations, stockholders’ equity and cash flows of the Borrower and its Subsidiaries in accordance with GAAP, subject to changes resulting from audit and normal year end audit adjustments.

  • Interim Financial Statements Within 45 days after the close of each fiscal quarter of Customer, a copy of the interim financial statements of Customer for such fiscal quarter (including in reasonable detail both a balance sheet as of the close of such fiscal period, and statement of profit and loss for the applicable fiscal period);

  • Financial Statements (a) The Company has furnished the Buyer with copies of: (i) the audited consolidated balance sheet as of October 3, 2009 (the “Balance Sheet Date”) of Holdco and its Subsidiaries (the “Latest Audited Balance Sheet”), and the related audited statements of operations and cash flow for the fiscal year ended October 3, 2009 (such statements, together with the Latest Audited Balance Sheet, the “Audited Financial Statements”), and (ii) the unaudited consolidated balance sheet as of April 3, 2010 of Holdco and its Subsidiaries (the “Latest Unaudited Balance Sheet”) and the related statements of operations and cash flow for the six months ended April 3, 2010 (such statements, together with the Latest Unaudited Balance Sheet, the “Unaudited Financial Statements”). Except as set forth in Section 4.06 of the Company Disclosure Schedules, the Audited Financial Statements and the Unaudited Financial Statements (collectively, the “Financial Statements”) have been prepared from and are in accordance with the books of account and other financial records of Holdco and its Subsidiaries, have been prepared in accordance with GAAP applied on a consistent basis and fairly present in all material respects the consolidated financial condition and the consolidated results of operations and cash flow of Holdco and its Subsidiaries as of the dates and for the periods referred to therein, subject, in the case of Unaudited Financial Statements, to normal, year-end adjustments (none of which are material individually or in the aggregate) and the lack of footnotes. (b) Since December 31, 2007 (the “Applicable Date”), Xxxx has timely filed or otherwise furnished (as applicable) all forms, statements, certifications, reports and documents with the SEC required to be filed or furnished by Xxxx under the Securities Act or the Exchange Act (such forms, statements, certifications, reports and documents as amended, supplemented, modified since the date of being furnished or filed, the “SEC Documents”). As of their respective dates or, if amended, as of the date of the last amendment, the SEC Documents complied in all material respects with the requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 and any of the rules and regulations promulgated thereunder applicable to the SEC Documents. As of their respective dates (or, if amended prior to the date of this Agreement, as of the date of such amendment), the SEC Documents did not, and any SEC Document filed with or furnished to the SEC subsequent to the date of this Agreement will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances in which they were made, not misleading. The Company has made available to the Buyer correct and complete copies of all material written correspondence between the SEC, on the one hand, and Xxxx and any of Xxxx’ Subsidiaries, on the other hand, occurring since the Applicable Date. As of the date of this Agreement, there are no outstanding or unresolved comments in comment letters from the SEC staff with respect to any of the SEC Documents. As of the date of this Agreement, to the Knowledge of the Company, none of the SEC Documents is the subject of ongoing SEC review, outstanding SEC comment or outstanding SEC investigation. (c) Xxxx and its Subsidiaries have established and maintain internal controls and procedures and disclosure controls and procedures required by Rule 13a-15 and/or 15d-15 under the Exchange Act. Such controls and procedures are designed to provide reasonable assurance and are effective in providing reasonable assurance (i) regarding the reliability of Xxxx’ financial reporting and the preparation of Xxxx’ financial statements for external purposes in accordance with GAAP and (ii) that Xxxx’ principal executive officer and its principal financial officer are alerted on a timely basis to material information relating to Xxxx required to be included in Xxxx’ periodic reports required under the Exchange Act. Xxxx has disclosed, based on its most recent evaluation prior to the date of this Agreement, to Xxxx’ auditors and the audit committee of the Seller’s Board of Directors (x) all significant deficiencies and material weaknesses in the design or operation of its internal controls over financial reporting (as defined in Rule 13a-15(f) under the Exchange Act) that are reasonably likely to adversely affect Xxxx’ ability to record, process, summarize and report financial information and (y) any fraud, whether or not material, that involves management or other employees who have a significant role in Xxxx’ internal control over financial reporting.

  • Audited Financial Statements The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of the Borrower and its Subsidiaries as of the date thereof and their results of operations, cash flows and changes in shareholder’s equity for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of the Borrower and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness.

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