Common use of Annual Financial Statements and Reports Clause in Contracts

Annual Financial Statements and Reports. For each of (i) the Borrower and its Subsidiaries, (ii) CPS, and (iii) PETNet, furnish to the Administrative Agent and each Lender, as soon as available and in any event within one hundred twenty (120) days after the end of each Fiscal Year, a balance sheet) consolidated as to the financial statements of the Borrower and its Subsidiaries) as of the end of such Fiscal Year and the related statements of income, shareholders' equity and cash flows (consolidated as to the financial statements of the Borrower and its Subsidiaries) for such Fiscal Year, audited and reported upon, without qualification, by independent certified public accountants acceptable to the Administrative Agent and Requisite Lenders, in their reasonable discretion, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and unaudited consolidating statements of income and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, certified by a Responsible Officer, together with a certificate of a Responsible Officer, in form satisfactory to the Administrative Agent and the Lenders, (1) stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, stating the nature thereof and the action that either CTI and its Subsidiaries, CPS or PETNet, as applicable, propose(s) to take with respect thereto, and (2) setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year.

Annual Financial Statements and Reports. For each of (i) the Borrower and its Subsidiaries, (ii) CPS, and (iii) PETNet, furnish Furnish to the Administrative Agent and each Lender, as soon as available and in any event within one hundred twenty ninety (12090) days after the end of each Fiscal YearYear of the Borrower, a consolidated balance sheet) consolidated as to the financial statements sheet of the Borrower and its Subsidiaries) Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows (consolidated as to the financial statements of the Borrower and its Subsidiaries) Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, by Ernst & Young LLP or other independent certified public accountants acceptable to the Administrative Agent and Requisite Lenders, in their reasonable discretion, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statements statement of income and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, prepared by such accountants and certified by a Responsible OfficerOfficer of the Borrower, together with (a) a certificate of a Responsible Officer, in form satisfactory to Officer of the Administrative Agent and the Lenders, (1) Borrower stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, stating a statement as to the nature thereof and the action that either CTI and its Subsidiaries, CPS or PETNet, as applicable, propose(s) the Borrower proposes to take with respect thereto, (b) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and (2) the Lenders, setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, and (c) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period.

Annual Financial Statements and Reports. For each of (i) the Borrower and its Subsidiaries, (ii) CPS, and (iii) PETNet, furnish Furnish to the Administrative Agent and each Lender, as soon as available and in any event within one hundred twenty ninety-five (12095) days after the end of each Fiscal YearYear of the Borrower, a consolidated balance sheet) consolidated as to the financial statements sheet of the Borrower and its Subsidiaries) Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows (consolidated as to the financial statements of the Borrower and its Subsidiaries) Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, by KPMG LLP or other independent certified public accountants acceptable to the Administrative Agent and Requisite Lenders, Lenders in their reasonable sole discretion, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statements statement of income and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, certified by a Responsible OfficerOfficer of the Borrower, together with (a) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period, and (b) a certificate of a Responsible OfficerOfficer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, (1) stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, stating the nature thereof and the action that either CTI and its Subsidiaries, CPS or PETNet, as applicable, propose(s) the Borrower proposes to take with respect thereto, and (2) setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year.

Annual Financial Statements and Reports. For each of (i) the Borrower and its Subsidiaries, (ii) CPS, and (iii) PETNet, furnish Furnish to the Administrative Agent and each Lender, as soon as available and in any event within one hundred twenty ninety (12090) days after the end of each Fiscal Year of the Borrower or, if applicable and earlier, within two (2) Business Days after the Borrower files with the Commission its Annual Report on Form 10-K for such Fiscal Year, a consolidated balance sheet) consolidated as to the financial statements sheet of the Borrower and its Subsidiaries) Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows (consolidated as to the financial statements of the Borrower and its Subsidiaries) Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, upon by Ernst & Young LLP or other independent certified public accountants acceptable of nationally recognized standing (whose opinion shall not be limited as to the Administrative Agent and Requisite Lenders, in their reasonable discretionscope or qualified as to going concern status or contain any other material qualifications or exceptions), accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statements statement of income and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, certified by a Responsible OfficerOfficer of the Borrower, together with (a) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period, (b) a certificate of signed by a Responsible OfficerOfficer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, (1) stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, stating the nature thereof and the action that either CTI and its Subsidiaries, CPS or PETNet, as applicable, propose(s) the Borrower proposes to take with respect thereto, and (2c) setting forth computations a Compliance Certificate demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal YearYear and including the other information required to be included therein.

Annual Financial Statements and Reports. For each of (i) the Borrower and its Subsidiaries, (ii) CPS, and (iii) PETNet, furnish Furnish to the Administrative Agent and each Lender, as soon as available and in any event within one hundred twenty ninety (12090) days after the end of each Fiscal YearYear of the Borrower, a consolidated balance sheet) consolidated as to the financial statements sheet of the Borrower and its Subsidiaries) Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows (consolidated as to the financial statements of the Borrower and its Subsidiaries) Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, by Ernst & Young LLP or other independent certified public accountants acceptable to the Administrative Agent and Requisite Lenders, in their reasonable discretion, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year period and an unaudited consolidating statements statement of income and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, certified by a Responsible Officerperiod, together with (a) a certificate of a Responsible Officer, in form satisfactory to Officer of the Administrative Agent and the Lenders, (1) Borrower stating that no Default or Event of Default has occurred and is continuing or, if in the opinion of such officer, a Default or Event of Default has occurred and is continuing, stating a statement as to the nature thereof and the action that either CTI and its Subsidiaries, CPS or PETNet, as applicable, propose(s) the Borrower proposes to take with respect thereto, (b) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and (2) the Lenders, setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, and (c) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period.