Common use of Annual Financial Statements and Information Clause in Contracts

Annual Financial Statements and Information. Within ninety (90) days after the end of each fiscal year of the Borrower, a copy of the Form 10-K of the Borrower for such year, and, to the extent not contained therein, the audited consolidated and consolidating balance sheets of the Borrower and the its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as of the end of such fiscal year and the related audited consolidated and consolidating statements of operations of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such fiscal year and for the previous fiscal year, the related audited consolidated and consolidating statements of cash flow and stockholders' equity of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such fiscal year and for the previous fiscal year, which shall be accompanied by an opinion of independent certified public accountants of recognized national standing 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 the Borrower was not in compliance with or was otherwise in Default under the terms, covenants, provisions or conditions of Articles 7 and 8 hereof insofar as they relate to accounting or financial matters.

Annual Financial Statements and Information. Within ninety (90) days after the end of each fiscal year of the Borrower, a copy of the Form 10-K of the Borrower for such year, and, to the extent not contained therein, the audited consolidated and consolidating balance sheets of the Borrower and the its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as of the end of such fiscal year and the related audited consolidated and consolidating statements of operations of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such fiscal year and for the previous fiscal year, the related audited consolidated and consolidating statements of cash flow and stockholders' equity of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such fiscal year and for the previous fiscal year, which shall be accompanied by an opinion of independent certified public accountants of recognized national standing 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 the Borrower was not in compliance with or was otherwise in Default under the terms, covenants, provisions or conditions of Articles 7 and 8 hereof insofar as they relate to accounting or financial matters.

Annual Financial Statements and Information. Within Beginning with the fiscal year ended December 31, 1999, within ninety (90) days after the end of each fiscal year of the Borrower, a copy of the Form 10-K of the Borrower for such year, and, to the extent not contained therein, the audited consolidated and consolidating balance sheets of the Borrower and the its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as of the end of such fiscal year and the related audited consolidated and consolidating statements of operations of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such fiscal year and for the previous fiscal year, the related audited consolidated and consolidating statements of cash flow and stockholders' equity of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such fiscal year and for the previous fiscal year, which shall be accompanied by an opinion of independent certified public accountants of recognized national standing 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 the Borrower was not in compliance with or was otherwise in Default under the terms, covenants, provisions or conditions of Articles 7 and 8 hereof insofar as they relate to accounting or financial matters.

Annual Financial Statements and Information. Within ninety (90) days after the end of each fiscal year of the Borrower, a copy of the Form 10-K of the Borrower for such year, and, to the extent not contained therein, (a) the audited consolidated and consolidating balance sheets sheet of the Parent, the Borrower and its Subsidiaries as of the its Restricted Subsidiariesend of such fiscal year and the related audited consolidated statements of operations for such fiscal year and for the previous fiscal year, the related audited consolidated statements of cash flow and members' equity for such fiscal year and for the previous fiscal year, and (b) the audited consolidated balance sheet of the each Unrestricted Subsidiary or of all Unrestricted Subsidiaries on a stand-alone consolidated basis, as of the end of such fiscal year and the related audited consolidated and consolidating statements of operations of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, operation for such fiscal year and for the previous fiscal year, the related audited consolidated and consolidating statements of cash flow and stockholdersmembers' equity of the Borrower and the Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such fiscal year and for the previous fiscal year, each of which shall be accompanied by an opinion of independent certified public accountants of recognized national standing acceptable to the Administrative AgentAgent (without a "going concern" or like qualification or exception and without any qualification or exception as to the scope of the audit), together with a statement of such accountants that in connection with their audit, nothing came to their attention that caused them to believe that the Parent or the Borrower was not in compliance with or was otherwise in Default under the terms, covenants, provisions or conditions of Articles 7 and 8 hereof insofar as they relate to accounting or financial matters.