Annual Financial Statements and Information Within one hundred and Sample Clauses

Annual Financial Statements and Information Within one hundred and twenty (120) days after the end of each fiscal year of the Borrower, the Borrower shall provide electronically to the Administrative Agent: 15.4.1 the audited consolidated Financial Statements of the Borrower, as audited by a national firm of chartered accountants of recognized standing and accompanied by such auditors' report which must not contain any expression of any material concern as to whether or not such Financial Statements do present fairly the consolidated financial position of the Borrower as at the end of such fiscal year; 15.4.2 the unaudited non-consolidated Financial Statements of the Borrower and each Guarantor; and 15.4.3 a Compliance Certificate, provided that since certain financial ratios or financial covenants hereunder need to be calculated on an Adjusted Consolidated Basis and since the Financial Statements referred to in subsection 15.4.1 are prepared on a consolidated basis, the Borrower shall attach to such Compliance Certificate all calculations and other relevant financial information and explanations that are required for the Lenders to monitor compliance with such financial ratios or financial covenants calculated on an Adjusted Consolidated Basis. Also, the parties agree that when at the end of a fiscal year no Covenant Testing Period is in effect, then the Fixed Charge Coverage Ratio does not need to be calculated in the relevant Compliance Certificate. 15.5 Financial Forecast and Budget 104822.00280/115572577.6305585250.30
Sample 1
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Related to Annual Financial Statements and Information Within one hundred and

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • NOW, THEREFORE the parties agree as follows:

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • 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.

  • 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.

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Termination This Agreement may be terminated at any time prior to the Closing:

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