Annual Reports. Within 90 days after the end of each fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act), (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC), all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ equity of the Consolidated Companies as of the end of and for such fiscal year in accordance with GAAP consistently applied, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
Appears in 5 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Annual Reports. Within 90 one hundred twenty (120) days after the end last day of each fiscal year of Holdings commencing with the fiscal year ending December 31, 2018 (but no later than one hundred fifty (150) days for the date on which Holdings is required to file a Form 10-K under the Exchange Actfiscal year ending December 31, 2018), (i) a copy of the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings and its Restricted Subsidiaries as of the end last day of such the fiscal year then ended and related the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent of Holdings and its Restricted Subsidiaries for the fiscal year then ended, and accompanying notes thereto, each in reasonable detail showing in comparative form the figures for the previous fiscal year (starting with reporting the fiscal year ending December 31, 2019) accompanied in the case of the consolidated financial statements by an opinion of an independent public accounting firm of recognized national standing or other accounting firm selected by the Borrower and reasonably acceptable to the SEC)Administrative Agent (which opinion shall be unqualified as to scope, all subject to the proviso below) to the effect that the consolidated financial statements have been prepared in accordance with Regulation S-X under the Securities Act GAAP and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements present fairly present, in all material respects, respects the consolidated financial condition, results of operations, cash flows condition and changes in stockholders’ equity of the Consolidated Companies as of the end of and for such fiscal year in accordance with GAAP consistently applied, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) Holdings and its Restricted Subsidiaries as of the end close of and for such fiscal year; provided that such financial statements shall not contain a “going concern” qualification or statement, as compared except to the Consolidated Companies’ extent that such a “going concern” qualification or statement relates to (A) the report and opinion accompanying the financial condition, results of operations and cash flows as statements for the fiscal year ending immediately prior to the stated final maturity date of the end Loans, Permitted Pari Passu Refinancing Debt, Permitted Unsecured Refinancing Debt or Permitted Junior Refinancing Debt and which qualification or statement is solely a consequence of and for such impending stated final maturity date or (B) any potential inability to satisfy the previous fiscal year and its budgeted results of operations and cash flowsFinancial Covenants, (iii) or any financial covenant under any other Indebtedness on a management’s future date or in a future period; in each case, such financial statements shall be accompanied by a customary management discussion and analysis of the financial condition performance of Holdings and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearits Restricted Subsidiaries;
Appears in 5 contracts
Samples: Assumption Agreement and Amendment No. 2 (iCIMS Holding LLC), Assumption Agreement and Amendment No. 1 (iCIMS Holding LLC), Credit Agreement (iCIMS Holding LLC)
Annual Reports. Within 90 days after the end of each fiscal year (but no later than the date on which Holdings is or Borrower would be required to file a Form 10-K under the Exchange Act if it were subject to Section 15 and 13(d) of the Exchange Act), (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) condensed balance sheet of Holdings (parent company only) as of the end of such fiscal year, prepared in accordance with Rule 12-04 of Regulation S-X (and any other financial statements of Holdings for such fiscal year delivered to any direct or indirect equity holder thereof pursuant to the LP Agreement), (ii) the consolidated balance sheet of Borrower and its Subsidiaries as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ members' equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche PricewaterhouseCoopers LLP or other independent public accountants account- ants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ members' equity of the Consolidated Companies Borrower and its Subsidiaries as of the end of such dates and for such fiscal year periods in accordance with GAAP consistently applied, (iiiii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), the financial condition, forth results of operations and cash flows of the Consolidated Companies (on a consolidated basis) Borrower and its Subsidiaries as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations budgeted amounts and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flows, (iiiiv) a management’s 's discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
Appears in 3 contracts
Samples: Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp)
Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year (but no later than the or such earlier date on which Holdings is required to file a Form 10-K under the Exchange Act)) after the end of each fiscal year, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including including, with respect to any Subsidiary of Holdings that is not a Subsidiary Guarantor, and each other Subsidiary of Holdings for which such note is required to be prepared pursuant to the requirements of applicable law or GAAP, a note with a consolidating balance sheet and statements financial statement of income and cash flows separating out results consistent with reporting to the SECeach of such Subsidiary), all prepared in accordance with Regulation S-X under if required by the Securities Act Act, and accompanied by an opinion of Deloitte & Touche LLP Samil Pricewaterhouse Coopers or other independent public accountants of recognized national international standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating qualification),stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Holdings as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently applied, GAAP; (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Holdings for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards; and (iii) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Holdings for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results amounts (it being understood that the information required by clause (i) may be furnished in the form of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
Appears in 2 contracts
Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC)
Annual Reports. Within 90 days after the end of each fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act), (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ ' equity for such fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC), all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “"Big 4” " accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ ' equity of the Consolidated Companies as of the end of and for such fiscal year in accordance with GAAP consistently applied, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ ' financial condition, results of operations and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flows, (iii) a management’s 's discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
Appears in 2 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Annual Reports. Within 90 days after the end of each fiscal year (but no later than of Holdings and the date on which Holdings is required to file a Form 10-K under the Exchange Act)Administrative Borrower, (i) the audited consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings and its Subsidiaries as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte Ernst & Touche Young LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualificationqualification or exemption), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows of Holdings and changes in stockholders’ equity its Subsidiaries as of the Consolidated Companies dates and for the periods specified in accordance with GAAP, (ii) management’s discussion and analysis of the financial condition, results of operations and cash flows of Holdings and its Subsidiaries for such fiscal year, as compared to the previous fiscal year, (iii) the unaudited consolidated balance sheet of the Administrative Borrower and its Subsidiaries (including, for purposes of this clause, the Restricted Parent Subsidiaries and their respective Subsidiaries) as of the end of such fiscal year and related consolidated statements of income, cash flows and stockholders’ equity for such fiscal year year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, accompanied by a certificate of a Financial Officer of the Administrative Borrower, stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations and cash flows of the Administrative Borrower and its Subsidiaries (including, for purposes of this clause, the Restricted Parent Subsidiaries and their respective Subsidiaries) as of the dates and for the periods specified in accordance with GAAP consistently appliedGAAP, and (iiiv) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), management’s discussion and analysis of the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and for the previous fiscal year Administrative Borrower and its budgeted results Subsidiaries (including, for purposes of operations this clause, the Restricted Parent Subsidiaries and cash flows, (iiitheir respective Subsidiaries) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
Appears in 2 contracts
Samples: Credit Agreement (International Seaways, Inc.), Credit Agreement (International Seaways, Inc.)
Annual Reports. Within 90 As soon as available and in any event within 95 days after the end of each fiscal year (but no later than the or such earlier date on which Holdings Borrower is required to file a Form 10-K under the Exchange Act)) after the end of each fiscal year, beginning with the fiscal year ending July 31, 2007, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Borrower as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a consolidating balance sheet and statements of income and cash flows separating out results consistent with reporting to Borrower and the SECSubsidiaries), all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche KPMG LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms in its reasonable discretion (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Borrower as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Borrower for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, and (iii) a management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Borrower for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results of operations amounts (it being understood that the information required by clauses (i) and cash flows, (iii) may be furnished in the form of a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
Appears in 2 contracts
Samples: Credit Agreement (Navisite Inc), Credit Agreement (Navisite Inc)
Annual Reports. Within 90 days after the end of each fiscal year, beginning with the fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act)ending December 31, 2014, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Borrower as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of incomeoperations, shareholders’ equity and cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a the unaudited consolidating balance sheet and statements of income and cash flows separating out results consistent with reporting to Borrower and the SECSubsidiaries), all prepared in accordance with Regulation S-X under the Securities Act GAAP and accompanied by an opinion of Deloitte & Touche BDO USA, LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or any other qualificationsimilar qualification (provided that it shall not be a violation of this Section 5.01(a) if the report and opinion accompanying the financial statements for the fiscal year ending immediately prior to the stated final maturity date of the Term Loans is subject to a “going concern” or other qualification solely as a result of such impending stated final maturity date under this Agreement)), stating that such financial statements fairly present, in all material respects, the consolidated financial conditionposition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Borrower as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently applied, and (ii) a management report narrative management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent setting forthAgent, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), of the financial condition, condition and results of operations of Borrower and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and its Subsidiaries for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results (it being understood that any information required by this Section 5.01(a) may be furnished, to the extent included therein, in the form of operations and cash flowsa Form 10-K filed with the SEC, (iiiwhich will satisfy Borrower’ obligation with respect to any such information under this Section 5.01(a) a management’s discussion and analysis of the financial condition and results of operations for with respect to such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year);
Appears in 2 contracts
Samples: Credit Agreement (Merge Healthcare Inc), Credit Agreement (Merge Healthcare Inc)
Annual Reports. Within As soon as available and in any event, within 90 days after the end of each fiscal year, beginning with the fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act)ending December 31, 2007, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of each such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and and, in each case, notes thereto (including a note with a consolidating balance sheet and statements of income and cash flows separating out the results consistent with reporting to of Holdings, the SECBorrowers, each Borrowing Base Guarantor and the aggregate results of all Subsidiaries), all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche KPMG LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms Agents (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ equity of the Consolidated Companies Holdings as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a management report in a form reasonably satisfactory to the Administrative Agent Agents setting forthforth (A) statement of income items of Holdings for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, including same-store sales, and (iii) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agents, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Holdings for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results amounts (it being understood that the information required by clause (i) may be furnished in the form of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
Appears in 2 contracts
Samples: Credit Agreement (Linens N Things Inc), Senior Secured, Super Priority Debtor in Possession and Exit Option Credit Agreement (Linens N Things Inc)
Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year of Holdings and the Administrative Borrower (but no later than or, solely with respect to their respective fiscal year ending December 31, 2014, within the earlier of (x) 120 days after the end of such fiscal year of Holdings or the Administrative Borrower, as applicable, and (y) the date on which Holdings is required to file or the Administrative Borrower, as applicable, files a Form 10-K with the SEC under the Exchange ActAct for such fiscal year), (i) the audited consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings and its Subsidiaries as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche PricewaterhouseCoopers LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualificationqualification or exemption), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows of Holdings and changes in stockholders’ equity its Subsidiaries as of the Consolidated Companies dates and for the periods specified in accordance with GAAP, (ii) management’s discussion and analysis of the financial condition, results of operations and cash flows of Holdings and its Subsidiaries for such fiscal year, as compared to the previous fiscal year), (iii) the unaudited consolidated balance sheet of the Administrative Borrower and its Subsidiaries as of the end of such fiscal year and related consolidated statements of income, cash flows and stockholders’ equity for such fiscal year year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, accompanied by a certificate of a Financial Officer of the Administrative Borrower, stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations and cash flows of the Administrative Borrower and its Subsidiaries as of the dates and for the periods specified in accordance with GAAP consistently appliedGAAP, and (iivi) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), management’s discussion and analysis of the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and for the previous fiscal year Administrative Borrower and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations Subsidiaries for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearbudgeted amounts;
Appears in 2 contracts
Samples: Abl Credit Agreement (Overseas Shipholding Group Inc), Credit Agreement (Overseas Shipholding Group Inc)
Annual Reports. Within (i) As soon as available and in any event within 90 days after the end of each fiscal year, beginning with the fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act)ending December 31, (i) 2006, the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of (x) Holdings and (y) Borrower, each as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent of such entity for such fiscal year, in comparative form (except that comparative amounts with reporting respect to Borrower for the SEC)fiscal year ending December 31, all prepared in accordance 2006 shall not be required) with Regulation S-X under such financial statements as of the Securities Act end of, and for, the preceding fiscal year, and notes thereto, and accompanied by an opinion of Deloitte & Touche PricewaterhouseCoopers LLP or other independent public chartered accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of Holdings as of the Consolidated Companies dates and for the periods specified in accordance with GAAP, (ii) as soon as available and in any event within 90 days after the end the fiscal year ending September 30, 2006, the consolidated balance sheet of the Acquired Business as of the end of such fiscal year and related consolidated statements of income, cash flows and stockholders’ equity for such fiscal year year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto, and accompanied by an opinion of Exxxxxxx Kxxxx Sxxxxxx & Hxxxxxx PC (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations and cash flows of the Acquired Business as of September 30, 2006 in accordance with GAAP consistently appliedU.S. GAAP, (iiiii) concurrently with the delivery of the financial statements described in clause (i), a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Holdings or Borrower, on a consolidating basis as applicable, for such fiscal year (by region orother than, if requested by with respect to Borrower, for the Collateral Agent exercising in its reasonable credit judgmentfiscal year ending December 31, 2006), showing variance, by entitydollar amount, from amounts for the previous fiscal year and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, and (iv) concurrently with the delivery of the financial statements described in clause (i), a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations of Holdings and cash flows of the Consolidated Companies (on a consolidated basis) its Subsidiaries or Borrower and its Subsidiaries, as of the end of and applicable, for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Thompson Creek Metals CO Inc.), First Lien Credit Agreement (Thompson Creek Metals CO Inc.)
Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year of Holdings and the Borrower (but no later than or, solely with respect to their respective fiscal year ending December 31, 2014, within the earlier of (x) 120 days after the end of such fiscal year of Holdings or the Borrower, as applicable, and (y) the date on which Holdings is required to file or the Borrower, as applicable, files a Form 10-K with the SEC under the Exchange ActAct for such fiscal year), (i) the audited consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings and its Subsidiaries as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche PricewaterhouseCoopers LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualificationqualification or exemption), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows of Holdings and changes in stockholders’ equity its Subsidiaries as of the Consolidated Companies dates and for the periods specified in accordance with GAAP, (ii) management’s discussion and analysis of the financial condition, results of operations and cash flows of Holdings and its Subsidiaries for such fiscal year, as compared to the previous fiscal year), (iii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries as of the end of such fiscal year and related consolidated statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year accompanied by a certificate of a Financial Officer of the Borrower, stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations and cash flows of the Borrower and its Subsidiaries as of the dates and for the periods specified in accordance with GAAP consistently appliedGAAP, and (iivi) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), management’s discussion and analysis of the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and for the previous fiscal year Borrower and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations Subsidiaries for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearbudgeted amounts;
Appears in 1 contract
Samples: Term Loan Credit Agreement (Overseas Shipholding Group Inc)
Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year (but no later than the or such earlier date on which Holdings is required to file a Form 10-K under the Exchange Act)) after the end of each fiscal year, beginning with the fiscal year ending December 31, 2004, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including including, with respect to any Subsidiary of Holdings that is not a Subsidiary Guarantor, and each other Subsidiary of Holdings for which such note is required to be prepared pursuant to the requirements of applicable law or GAAP, a note with a consolidating balance sheet and statements financial statement of income and cash flows separating out results consistent with reporting to the SECeach of such Subsidiary), all prepared in accordance with Regulation S-X under if required by the Securities Act Act, and accompanied by an opinion of Deloitte & Touche LLP Samil Pricewaterhouse Coopers or other independent public accountants of recognized national international standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Holdings as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Holdings for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, and (iii) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Holdings for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results amounts (it being understood that the information required by clause (i) may be furnished in the form of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
Appears in 1 contract
Samples: Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year (but no later than the or such earlier date on which Holdings Borrower Representative is required to file a Form 10-K under the Exchange Act)) after the end of each fiscal year, beginning with the fiscal year ending December 31, 2008, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Borrower Representative as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including in a note with form satisfactory to the Administrative Agent, a combined balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC), all prepared in accordance with Regulation S-X under the Securities Act Borrowers) and accompanied by an opinion of Deloitte McGladrey & Touche Xxxxxx LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Borrowers as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Borrowers for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, and (iii) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Borrowers for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results amounts (it being understood that the information required by clause (i) may be furnished in the form of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
Appears in 1 contract
Annual Reports. Within 90 days after the end of each fiscal year of Holdings and the Administrative Borrower (but no later than or, solely with respect to their respective fiscal year ending December 31, 2014, within the earlier of (x) 120 days after the end of such fiscal year of Holdings or the Administrative Borrower, as applicable, and (y) the date on which Holdings is required to file or the Administrative Borrower, as applicable, files a Form 10-K with the SEC under the Exchange ActAct for such fiscal year), (i) the audited consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Holdingsthe Administrative Borrower and its Subsidiaries as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche PricewaterhouseCoopers LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualificationqualification or exemption), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows of Holdingsthe Administrative Borrower and changes in stockholders’ equity its Subsidiaries as of the Consolidated Companies dates and for the periods specified in accordance with GAAP, and (ii) management’s discussion and analysis of the financial condition, results of operations and cash flows of Holdings and its Subsidiaries for such fiscal year, as compared to the previous fiscal year), (iii) the unaudited consolidated balance sheet of the Administrative Borrower and its Subsidiaries as of the end of such fiscal year and related consolidated statements of income, cash flows and stockholders’ equity for such fiscal year year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, accompanied by a certificate of a Financial Officer of the Administrative Borrower, stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations and cash flows of the Administrative Borrower and its Subsidiaries as of the dates and for the periods specified in accordance with GAAP consistently appliedGAAP, and (iivi) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), management’s discussion and analysis of the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and for the previous fiscal year Administrative Borrower and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations Subsidiaries for such fiscal year, as compared to the previous fiscal year year) and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearbudgeted amounts;
Appears in 1 contract
Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year (but no later than the or such earlier date on which Holdings Borrower is required to file a Form 10-K under the Exchange Act)) after the end of each fiscal year, beginning with the fiscal year ending December 31, 2005, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Borrower as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche Xxxxx Xxxxxxxx LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Borrower as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a consolidating balance sheet and statement of income and, to the extent available, a statement of cash flows, separating out Borrower and the Subsidiaries, (iii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Borrower for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, and (iv) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Borrower for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results amounts (it being understood that the information required by clause (i) may be furnished in the form of operations a Form 10-K and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations such information shall be deemed satisfactory for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearpurposes hereof);
Appears in 1 contract
Annual Reports. Within 90 days after the end of each fiscal year, beginning with the fiscal year (but no later than the date ending on which Holdings is required to file a Form 10-K under the Exchange Act)or about September 30, 2011, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act GAAP and accompanied by an opinion of Deloitte & Touche LLP a “big four” accounting firm or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), other than a qualification related to the maturity of Loans at the Revolving Maturity Date, the Term B Loan Maturity Date or the Final Maturity Date, as applicable) stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Holdings as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently applied(such opinion, an “Acceptable Opinion”), (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth statement of income items and Consolidated EBITDA of Holdings for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (iii) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Holdings for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results amounts (it being understood that the requirements of operations clause (a)(i) shall be deemed satisfied by the filing of a Form 10-K of Holdings in respect of such fiscal year with the U.S. Securities and cash flowsExchange Commission, so long as such Form 10-K (x) is publicly available on the Internet without charge, (iiiy) a management’s discussion and analysis is filed on or before the 90th day following the end of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (ivz) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearcontains an Acceptable Opinion);
Appears in 1 contract
Annual Reports. Within 90 As soon as available and in any event within the earlier of (i) ninety (90) days and (ii) such shorter period as may be required by the Securities and Exchange Commission (including, if applicable, any extension permitted under Rule 12b-25 of the Exchange Act), after the end of each fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act)year, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Parent Borrower as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern qualification, paragraph of emphasis or other qualificationexplanatory statement), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Parent Borrower as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedU.S. GAAP, (ii) a management narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent setting forthAgent, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Parent Borrower for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year (it being understood that the information required by clauses (i) and its budgeted results (ii) of operations this Section 5.01(a) may be furnished in the form of a Form 10-K (so long as the financial statements, narrative report and cash flowsmanagement’s discussion therein comply with the requirements set forth above)), (iii) a management’s discussion consolidating balance sheets, statements of income and analysis cash flows of the financial condition Parent Borrower and its Restricted Subsidiaries separating out the results of operations for such fiscal year, as compared to the previous fiscal year by region and (iv) a schedule setting forth such other consolidating balance sheets, statements of income and cash flows of the intercompany Indebtedness outstanding Parent Borrower and changes thereto since its Restricted Subsidiaries as may be required to be delivered pursuant to the prior fiscal yearTerm Loan Credit Agreement (or any Term Loan Credit Agreement Refinancing Indebtedness);
Appears in 1 contract
Samples: Credit Agreement (Novelis Inc.)
Annual Reports. Within 90 days after the end of each fiscal year, beginning with the fiscal year (but no later than the date ending on which Holdings is required to file a Form 10-K under the Exchange Act)or about September 30, 2014, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act GAAP and accompanied by an opinion of Deloitte & Touche LLP a “big four” accounting firm or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), other than a qualification related to the maturity of Loans or any other Indebtedness of Holdings or any Restricted Subsidiary or potential non-compliance with any - 110 - financial covenant hereunder) stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Holdings as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently applied(such opinion, an “Acceptable Opinion”), (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth statement of income items and Consolidated EBITDA of Holdings for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)Dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (iii) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Holdings for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and (1) amounts for the previous fiscal year and its (2) budgeted results amounts (it being understood that the requirements of operations clause (a)(i) and cash flows(a)(iii)(1) shall be deemed satisfied by the filing of a Form 10-K of Holdings in respect of such fiscal year with the U.S. Securities and Exchange Commission that contains all the information required by clauses (a)(i) and (a)(iii)(1), so long as such Form 10-K (x) is publicly available on the Internet without charge, (iiiy) a management’s discussion and analysis is filed on or before the 90th day following the end of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (ivz) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearcontains an Acceptable Opinion);
Appears in 1 contract
Annual Reports. Within 90 days after the end of each fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act)year, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Parent as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ ' equity for such fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SECLoan Parties (other than Holdings) from the Non-Guarantor Subsidiaries), all prepared in accordance with Regulation S-X under the Securities Act and in a manner acceptable to the Securities and Exchange Commission and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ ' equity of the Consolidated Companies as of the end of and for such fiscal year in accordance with GAAP consistently applied, GAAP; (ii) a management report in a customary form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity)consolidated basis, the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ ' (other than Holdings) financial condition, results of operations and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flowsflows (including notes separating out the financial condition, results of operations and cash flows of the Loan Parties (other than Holdings) from the financial condition, results of operations and cash flows of the Non-Guarantor Subsidiaries), and (iii) a management’s 's discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
Appears in 1 contract
Annual Reports. Within 90 days after the end of each fiscal year (but no later than the date on which Holdings is required to file a Form 10-K under the Exchange Act)year, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Parent as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SECLoan Parties (other than Holdings) from the Non-Guarantor Subsidiaries), all prepared in accordance with Regulation S-X under the Securities Act and in a manner acceptable to the Securities and Exchange Commission and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ equity of the Consolidated Companies as of the end of and for such fiscal year in accordance with GAAP consistently applied, GAAP; (ii) a management report in a customary form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity)consolidated basis, the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ (other than Holdings) financial condition, results of operations and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flowsflows (including notes separating out the financial condition, results of operations and cash flows of the Loan Parties (other than Holdings) from the financial condition, results of operations and cash flows of the Non-Guarantor Subsidiaries), and (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
Appears in 1 contract
Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year (but no later than the or such earlier date on which Holdings is required to file a Form 10-K under the Exchange Act)) after the end of each fiscal year, beginning with the fiscal year ending December 31, 2009, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ or members’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a consolidating balance sheet and statements of income and cash flows separating out results consistent with reporting to Borrower and the SECSubsidiaries), all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche Xxxxx Xxxxxxxx LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Holdings as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), the financial condition, forth results of operations and cash flows of the Consolidated Companies (on a consolidated basis) Borrower and its Subsidiaries as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial conditionbudgeted amounts, results of operations and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (ivit being understood that the information required by clause (i) may be furnished in the form of a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
Appears in 1 contract
Annual Reports. Within 90 (i) As soon as available and in any event within eighty (80) days after the end of each fiscal year (but no later than of the date on which Holdings is required to file Company commencing with the fiscal year ending March 31, 2007, a Form 10-K under the Exchange Act), (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings the Company and its Subsidiaries as of the end of such fiscal year and the related consolidated statement of cash flows and the consolidated statements of income and stockholders’ equity for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and accompanied by an opinion on such consolidated statements of the Company by an Approved Accounting Firm which opinion shall state that each such consolidated financial statements present fairly the consolidated financial position of the Company and its Subsidiaries as of the date of such financial statements and their consolidated results of their operations and cash flows for the period covered by such financial statements in conformity with GAAP applied on a consistent basis (except for changes in the application of which such accountants concur) and shall not contain any “going concern” or like qualification or exception or qualifications arising out of the scope of the consolidated audit.
(ii) As soon as available and in any event within eighty (80) days after the end of each fiscal year of the Company commencing with the fiscal year ending March 31, 2007, a consolidated and consolidating balance sheet of the Company and its Subsidiaries, and the related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, setting forth (in the case of consolidated statements) the consolidated figures in comparative form for the Company’s previous fiscal year, all certified (subject to normal year-end audit adjustments) as complete and notes thereto correct in all material respects by the Company’s chief financial officer, treasurer or chief accounting officer.
(iii) As soon as available and in any event within two hundred ten (210) days after the end of each fiscal year of Alliance AG commencing with the fiscal year ending March 31, 2007, the Swiss Franc Statutories of Alliance AG for such fiscal year (including a note with a balance sheet and statements a statement of income and cash flows separating out results consistent with reporting to the SECincome), all prepared in accordance with Regulation S-X under the Securities Act certified as complete and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, correct in all material respectsrespects by Alliance AG’s chief financial officer, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ equity of the Consolidated Companies as of the end of and for such fiscal year in accordance with GAAP consistently applied, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), the financial condition, results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;treasurer or chief accounting officer.
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Samples: Credit Agreement (Alliance One International, Inc.)
Annual Reports. Within 90 days after the end of each fiscal year (but no later than the date on which Holdings is or Borrower would be required to file a Form 10-K under the Exchange Act if it were subject to Section 15 and 13(d) of the Exchange Act), (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) condensed balance sheet of Holdings (parent company only) as of the end of such fiscal year, prepared in accordance with Rule 12-04 of Regulation S-X (and any other financial statements of Holdings for such fiscal year delivered to any direct or indirect equity holder thereof pursuant to the LP Agreement), (ii) the consolidated balance sheet of Borrower and its Subsidiaries as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholdersmembers’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a balance sheet and statements of income and cash flows separating out results consistent with reporting to the SEC)thereto, all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche PricewaterhouseCoopers LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholdersmembers’ equity of the Consolidated Companies Borrower and its Subsidiaries as of the end of such dates and for such fiscal year periods in accordance with GAAP consistently applied, (iiiii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), the financial condition, forth results of operations and cash flows of the Consolidated Companies (on a consolidated basis) Borrower and its Subsidiaries as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations budgeted amounts and cash flows as of the end of and for the previous fiscal year and its budgeted results of operations and cash flows, (iiiiv) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;
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Annual Reports. Within 90 Not later than 120 days after the end of each fiscal year (but no provided that, for each of the fiscal year ended December 31, 2019 and the fiscal year ended December 31, 2020, such deliveries under this Section 5.01(a) shall be required to be delivered not later than 150 days after the date on which Holdings is required to file a Form 10-K under the Exchange Actend of such fiscal year), (i) for the fiscal year ending December 31, 2017, (A) the consolidated statements of income, cash flows and consolidating members’ equity of Xxxx Group LLC for the period commencing January 1, 2017 and ending October 1, 2017 and (by region or, if requested by B) the Collateral Agent exercising in its reasonable credit judgment, by entity) consolidated balance sheet of Holdings as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholdersmembers’ equity for the period commencing October 2, 2017 and ending on December 31, 2017; and (ii) for each fiscal year ending after December 31, 2017, the consolidated balance sheet of Holdings as of the end of such fiscal year and related consolidated statements of income, cash flows and members’ equity for such fiscal year, and commencing with the financial statements for the fiscal year ending December 31, 2019, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto thereto, in each case of clauses (including i) and (ii), (x) which consolidated statements shall be accompanied by a note with certificate of a balance sheet Financial Officer stating that such financial statements present fairly in all material respects the financial position and statements results of income operations and cash flows separating out results consistent with reporting of Holdings and its consolidated Subsidiaries as of the dates and for the periods to the SEC), all prepared which they relate in accordance with Regulation S-X under the Securities Act GAAP and (y) which consolidated statements shall be accompanied by an unqualified opinion of Deloitte Xxxxx & Touche LLP Xxxxx or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one (acting at the direction of the other “Big 4” accounting firms Required Lenders) (which opinion shall not be qualified as to scope or contain any going concern or other qualificationmaterial qualification (other than qualifications related to (i) an upcoming maturity date under any Indebtedness and (ii) any prospective or actual default or event of default of any financial maintenance covenant (including the covenants set forth in Section 6.09), ) stating that such financial statements present fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in stockholders’ equity of the Consolidated Companies as of the end of and for such fiscal year in accordance with GAAP consistently applied, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forth, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity), respects the financial condition, position and results of operations and cash flows of the Consolidated Companies (on a Holdings and its consolidated basis) Subsidiaries as of the end of and for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of dates and for the previous fiscal year and its budgeted results of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared periods to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal year;which they relate.
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Annual Reports. Within As soon as available and in any event within 90 days after the end of each fiscal year (but no later than the or such earlier date on which Holdings Borrower is required to file a Form 10-K under the Exchange Act)) after the end of each fiscal year, beginning with the fiscal year ending December 31, 2007, (i) the consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Borrower as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a consolidating balance sheet and statements of income and cash flows separating out results consistent with reporting to Borrower and the SECSubsidiaries), all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Borrower as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Borrower for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)Dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, and (iii) a narrative report and management’s discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and Borrower for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results of operations amounts (it being understood that the information required by clauses (i) and cash flows, (iii) may be furnished in the form of a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
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Samples: Credit Agreement (Itron Inc /Wa/)
Annual Reports. Within 90 As soon as available and in any event within 120 days after the end of each fiscal year beginning with the fiscal year ending December 31, 2004 (but no later than 90 days subsequent to the date on which Holdings is required to file a Form 10-K under the Exchange Actconsummation of an IPO), (i) the audited consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) balance sheet of Holdings Borrower and its Subsidiaries as of the end of such fiscal year and related consolidated and consolidating (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgment, by entity) statements of income, cash flows and stockholders’ ' equity for such fiscal year, in comparative form with such financial statements as of the end of, and for, the preceding fiscal year, and notes thereto (including a note with a consolidating balance sheet and statements of income and cash flows separating out results consistent with reporting to for the SECLoan Parties on a consolidated basis), all prepared in accordance with Regulation S-X under the Securities Act and accompanied by an opinion of Deloitte & Touche KPMG, LLP or other independent public accountants of recognized national standing reasonably satisfactory to the Administrative Agent or one of the other “Big 4” accounting firms (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, operations and cash flows and changes in stockholders’ equity of the Consolidated Companies Borrower as of the end of dates and for such fiscal year the periods specified in accordance with GAAP consistently appliedGAAP, (ii) a management report in a form reasonably satisfactory to the Administrative Agent setting forthforth (A) statement of income items and Consolidated EBITDA of Borrower and its Subsidiaries for such fiscal year, on a consolidating basis (by region or, if requested by the Collateral Agent exercising in its reasonable credit judgmentshowing variance, by entity)dollar amount and percentage, from amounts for the previous fiscal year and budgeted amounts and (B) key operational information and statistics for such fiscal year consistent with internal and industry-wide reporting standards, and (iii) a narrative report and management's discussion and analysis, in a form reasonably satisfactory to the Administrative Agent, of the financial condition, condition and results of operations of Borrower and cash flows of the Consolidated Companies (on a consolidated basis) as of the end of and its Subsidiaries for such fiscal year, as compared to the Consolidated Companies’ financial condition, results of operations and cash flows as of the end of and amounts for the previous fiscal year and its budgeted results amounts (it being understood that the information required by clause (i) may be furnished in the form of operations and cash flows, (iii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year and (iv) a schedule setting forth the intercompany Indebtedness outstanding and changes thereto since the prior fiscal yearForm 10-K);
Appears in 1 contract
