Common use of Annual Financial Statements and Information Clause in Contracts

Annual Financial Statements and Information. Within one hundred twenty (120) days after the end of each fiscal year of Parent, the audited consolidated balance sheets of Parent on a consolidated basis with all of its Subsidiaries, as of the end of such fiscal year, and the related audited consolidated statements of operations for such fiscal year and, to the extent available, and not previously provided to the Administrative Agent, for the previous two (2) fiscal years, the related audited consolidated statements of changes in members’ equity for such fiscal year and, to the extent available and not previously provided hereunder, for the previous two (2) fiscal years, and related audited consolidated statements of cash flows for such fiscal year and, to the extent available, for the previous two (2) fiscal years, which shall be accompanied by an opinion (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) of Ernst & Young LLP or other independent certified public accountants of recognized national standing or otherwise reasonably acceptable to the Administrative Agent, together with a statement of such accountants that in connection with their audit, nothing came to their attention that caused them to believe that Parent was not in compliance with the terms, covenants, provisions or conditions of Section 7.7 hereof.