Annual Financial Statements and Information; Certificate of No Default. (a) Within 120 days after the end of each Fiscal Year, a copy of (i) the consolidated balance sheets of the Borrower and its Subsidiaries, as of the end of the current and prior Fiscal Years and (ii) the consolidated statements of earnings and consolidated statements of changes in shareholders' equity and consolidated statements of cash flow as of and through the end of such Fiscal Year (together with certain consolidating statements in form reasonably satisfactory to the Administrative Agent), all of which are prepared in accordance with GAAP, and said consolidated statements certified by independent certified public accountants reasonably acceptable to the Administrative Agent, whose opinion shall be in scope and substance in accordance with generally accepted auditing standards and shall be unqualified in all respects. (b) Simultaneously with the delivery of the statements required by this Section 6.2, a letter from the Borrower's public accountants stating to the effect that during their audit of such financial statements nothing has come to their attention that would result in a Default or Event of Default under this Agreement, recognizing, however, that the scope and purpose of their audit was not to determine compliance with the terms of this Agreement or whether a Default or Event of Default has otherwise occurred.
Appears in 2 contracts
Samples: Credit Agreement (Club Corp International), Credit Agreement (Club Corp International)
Annual Financial Statements and Information; Certificate of No Default. (a) Within 120 days after the end of each Fiscal Year, a copy of (i) the consolidated balance sheets of the Borrower and its Subsidiaries, as of the end of the current and prior Fiscal Years and (ii) the consolidated statements of earnings and consolidated statements of changes in shareholders' equity and consolidated statements of cash flow as of and through the end of such Fiscal Year (together with certain consolidating statements in form reasonably satisfactory to the Administrative Agent)Year, all of which are prepared in accordance with GAAP, and said consolidated statements certified by independent certified public accountants reasonably acceptable to the Administrative Agent (provided, however, any big six public accounting firm shall be acceptable to the Administrative Agent), whose opinion shall be in scope and substance in accordance with generally accepted auditing standards and shall be unqualified in all respectsas to scope of audit and going concern.
(b) Simultaneously with the delivery of the statements required by this Section 6.2, a letter from the Borrower's public accountants stating to the effect that during their audit of such financial statements nothing has come to their attention that would result in a Default or Event of Default under this Agreement, recognizing, however, that the scope and purpose of their audit was not to determine compliance with the terms of this Agreement or whether a Default or Event of Default has otherwise occurred.
Appears in 2 contracts
Samples: Term Credit Agreement (Pillowtex Corp), Credit Agreement (Pillowtex Corp)