Common use of Annual Financial Statements; Compliance Certificates Clause in Contracts

Annual Financial Statements; Compliance Certificates. Within ninety (90) calendar days of the end of each Fiscal Year, a copy of consolidating annual financial statements of CBI and its Affiliates prepared by management, and audited consolidated annual financial statements of Borrower prepared by an independent certified public accountant in accordance with GAAP, each consisting of a balance sheet, statements of operations and retained earnings, statements of cash flow, acceptable to Lender in its reasonable discretion, together with a satisfactorily completed and Authenticated Compliance Certificate in the form of Exhibit C (a “Compliance Certificate”) prepared as of and for the end of such Fiscal Year. If Borrower’s independent certified public accountant has prepared footnotes to accompany any such financial statements, Borrower shall deliver such footnotes to Lender contemporaneously with Borrower’s delivery of the associated financial statements to Lender. The financial statements delivered to Lender pursuant to this Section 6.4 shall fairly present Borrower’s financial condition and results of operations as of the dates and for the periods covered, and shall not contain any Material misstatements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Castle Brands Inc), Loan and Security Agreement (Castle Brands Inc)

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Annual Financial Statements; Compliance Certificates. Within ninety (90) calendar days of after the end close of each Fiscal Year, a copy of consolidating the annual financial statements of CBI and its Affiliates prepared by management, and audited consolidated annual financial statements of Borrower and its subsidiaries prepared in accordance with GAAP and audited by an independent certified registered public accountant in accordance with GAAP, each GAAP consisting of a balance sheet, sheet and statements of operations operations, shareholders' equity and retained earnings, statements of cash flow, acceptable to Lender in its reasonable discretion, together with a satisfactorily completed and Authenticated Compliance Certificate in the form of Exhibit C (a “Compliance Certificate”) prepared as of and for the end of such Fiscal Year. If Borrower’s 's independent certified registered public accountant has prepared footnotes to accompany any such financial statements, Borrower shall deliver such footnotes to Lender contemporaneously with Borrower’s 's delivery of the associated financial statements to Lender. The financial statements delivered to Lender pursuant to this Section 6.4 shall fairly present Borrower’s Borrower and its subsidiaries' financial condition and results of operations as of the dates and for the periods covered, and shall not contain any Material misstatements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hooper Holmes Inc)

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Annual Financial Statements; Compliance Certificates. Within ninety (90) calendar days of after the end close of each Fiscal Year, a copy of consolidating annual financial statements of CBI and its Affiliates prepared by management, and audited consolidated and consolidating annual financial statements of Borrower prepared by an independent certified public accountant in accordance with GAAP, each GAAP consisting of a balance sheet, statements of operations and retained earnings, statements of cash flow, acceptable to Lender in its reasonable discretion, together with a satisfactorily completed and Authenticated Compliance Certificate in the form of Exhibit C (a “Compliance Certificate”) prepared as of and for the end of such Fiscal Year. If Borrower’s independent certified public accountant has prepared footnotes to accompany any such financial statements, Borrower shall deliver such footnotes to Lender contemporaneously with Borrower’s delivery of the associated financial statements to Lender. The financial statements delivered to Lender pursuant to this Section 6.4 shall fairly present Borrower’s financial condition and results of operations as of the dates and for the periods covered, and shall not contain any Material misstatements.

Appears in 1 contract

Samples: Loan and Security Agreement (General Employment Enterprises Inc)

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