Common use of Annual Financial Statements and Projections Clause in Contracts

Annual Financial Statements and Projections. As soon as practicable and in any event not later than (i) ninety (90) days following the beginning of each Fiscal Year of the Company (except that the financial statements to be delivered pursuant to this Section 6.01(c)(i) in respect of Fiscal Year 2007 shall be delivered no later than July 31, 2008), the consolidated audited balance sheet of the Company and its Subsidiaries as at the end of the preceding Fiscal Year, and the respective related consolidated audited statements of income or operations, shareholders’ equity and cash flows for the preceding Fiscal Year, setting forth in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with GAAP, such consolidated balance sheet and statements to be certified by an Authorized Officer of the Company to the best of his or her knowledge, and qualified as set forth in said certification (including that such statements are subject to adjustments required by an independent public accounting firm during the course of its audit for that period), as fairly presenting the financial condition, results of operations, shareholders’ equity and cash flows of the Company and its Subsidiaries on a consolidated basis in accordance with GAAP and (ii) forty-five (45) days following the beginning of each Fiscal Year of the Company, a financial forecast, prepared in accordance with the Company’s normal accounting procedures applied on a consistent basis, for such Fiscal Year including (A) a forecasted consolidated balance sheet, and the related consolidated statements of income and cash flows of the Company and its Subsidiaries for and as of the end of such Fiscal Year and (B) the amount of forecasted Capital Expenditures for such Fiscal Year.

Annual Financial Statements and Projections. As soon as practicable available, and in any event not later than (i) within ninety (90) days following after the beginning end of each Fiscal Year of the Company (except that Borrower, beginning with the financial statements to be delivered pursuant to this Section 6.01(c)(i) in respect of Fiscal Year 2007 shall be delivered no later than July 31ending January 28, 2008)2001, (i) a copy of the annual audit report of the Borrower for such Fiscal Year containing, on a consolidated audited basis, a balance sheet and statements of the Company income, retained earnings, and its Subsidiaries cash flow as at the end of the preceding such Fiscal Year, Year and the respective related consolidated audited statements of income or operations, shareholders’ equity and cash flows for the preceding Fiscal YearYear then ended, in each case setting forth in comparative form the figures for the previous fiscal yearpreceding Fiscal Year, all in reasonable detail and audited and certified on an unqualified basis by a "Big Five" firm of independent certified public accountants or other independent certified public accountants of recognized standing selected by the Borrower and reasonably acceptable to the Agent, to the effect that such report has been prepared in accordance with GAAP, such consolidated balance sheet and statements to be certified by an Authorized Officer ; (ii) a copy of the Company to the best of his or her knowledge, and qualified as set forth in said certification (including that such statements are subject to adjustments required by an independent public accounting firm during the course of its audit for that period), as fairly presenting the financial condition, results of operations, shareholders’ equity and cash flows annual unaudited report of the Company Borrower and its Subsidiaries on a consolidated basis in accordance with GAAP and (ii) forty-five (45) days following the beginning of each Fiscal Year of the Company, a financial forecast, prepared in accordance with the Company’s normal accounting procedures applied on a consistent basis, for such Fiscal Year including (A) containing, on a forecasted consolidated consolidating basis balance sheetsheets and statements of income, retained earnings, and the related consolidated statements of income and cash flows of the Company and its Subsidiaries for and flow as of at the end of such Fiscal Year and (B) for the amount of forecasted Capital Expenditures Fiscal Year then ended, in each case setting forth in comparative form the figures for such the preceding Fiscal Year., and in reasonable detail certified by the chief financial officer or Vice President, Finance of the Borrower to have been prepared in accordance with GAAP and to fairly present the financial condition and results of operation of the Borrower and its Subsidiaries, on a consolidating basis at the date and for the Fiscal Year then ended; and (iii) a copy of Projections for the Borrower's Fiscal Year immediately following the Fiscal Year which is the subject of the financial statements delivered pursuant to clause (i) preceding;

Annual Financial Statements and Projections. As soon as practicable available, and in any event not later than (i) within ninety (90) days following after the beginning end of each Fiscal Year of the Company Borrower: (except that i) a copy of the financial statements to be delivered pursuant to this Section 6.01(c)(i) in respect annual audit report of the Borrower for such Fiscal Year 2007 shall be delivered no later than July 31containing, 2008)on a consolidated basis, the consolidated audited a balance sheet and statements of the Company income, retained earnings and its Subsidiaries cash flows as at the end of the preceding such Fiscal Year, Year and the respective related consolidated audited statements of income or operations, shareholders’ equity and cash flows for the preceding Fiscal YearYear then ended, in each case setting forth in comparative form the figures for the previous fiscal yearpreceding Fiscal Year, all in reasonable detail and audited and certified on an unqualified basis by Deloitte & Touche LLP or by other independent certified public accountants of recognized standing selected by the Borrower and reasonably acceptable to the Agent, to the effect that such report has been prepared in accordance with GAAP, such consolidated balance sheet and statements to be certified by an Authorized Officer ; (ii) a copy of the Company to the best of his or her knowledge, and qualified as set forth in said certification (including that such statements are subject to adjustments required by an independent public accounting firm during the course of its audit for that period), as fairly presenting the financial condition, results of operations, shareholders’ equity and cash flows annual unaudited report of the Company Borrower and its Subsidiaries on a consolidated basis in accordance with GAAP and (ii) forty-five (45) days following the beginning of each Fiscal Year of the Company, a financial forecast, prepared in accordance with the Company’s normal accounting procedures applied on a consistent basis, for such Fiscal Year including (A) containing, on a forecasted consolidated consolidating basis balance sheet, sheets and the related consolidated statements of income income, retained earnings and cash flows of the Company and its Subsidiaries for and as of at the end of such Fiscal Year and (B) for the amount of forecasted Capital Expenditures Fiscal Year then ended, in each case setting forth in comparative form the figures for such the preceding Fiscal Year., and in reasonable detail certified by the chief financial officer or Vice President, Finance of the Borrower to have been prepared in accordance with GAAP and to fairly present the financial condition and results of operation of the Borrower and its Subsidiaries, on a consolidating basis at the date and for the Fiscal Year then ended; and (iii) a copy of Projections for the Borrower's Fiscal Year immediately following the Fiscal Year which is the subject of the financial statements delivered pursuant to clause (i) preceding;