Common use of Annual Statements and Certificates Clause in Contracts

Annual Statements and Certificates. The Borrower shall furnish to the Lender as soon as available, but in no event more than one hundred and twenty (120) days after the close of each fiscal year of the Borrower, (i) a copy of the annual financial statement in reasonable detail satisfactory to the Lender relating to the Borrower, prepared in accordance with GAAP and examined and certified by independent certified public accountants satisfactory to the Lender, which financial statement shall include a balance sheet of the Borrower as of the end of such fiscal year and statements of income, cash flows and changes in shareholders equity of the Borrower for such fiscal year, (ii) a Compliance Certificate, in substantially the form attached to this Agreement as EXHIBIT C, as may be amended by the Lender from time to time, containing a detailed computation of each financial covenant which is applicable for the period reported, a certification that no material change has occurred to the information contained in the Collateral Disclosure List (except as set forth in a schedule attached to the certification), and a cash flow projection report, each prepared by a Responsible Officer of the Borrower in a format acceptable to the Lender, and (iii) a management letter in the form prepared by the Borrower's independent certified public accountants.

Appears in 2 contracts

Samples: Financing and Security Agreement (Sensys Technologies Inc), Financing and Security Agreement (Sensytech Inc)

AutoNDA by SimpleDocs

Annual Statements and Certificates. The Borrower shall furnish to the Lender as soon as available, but in no event more than one hundred and twenty ninety (12090) days after the close of each fiscal year of the Borrower, (i) a copy of the annual audited financial statement in reasonable detail satisfactory to the Lender relating to the Borrower, prepared in accordance with GAAP and examined and certified by independent certified public accountants satisfactory to the Lender, which financial statement shall include a balance sheet of the Borrower as of the end of such fiscal year and statements of income, cash flows and changes in shareholders equity of the Borrower for such fiscal year, (ii) a Compliance Certificate, in substantially the form attached to this Agreement as EXHIBIT C, as may be amended by the Lender from time to time, containing a detailed computation of each financial covenant which is applicable for the period reported, reported and a certification that no material change has occurred to the information contained in the Collateral Disclosure List EXHIBIT D (except as set forth in a schedule attached to the certification), and a cash flow projection report, each prepared by a Responsible Officer of the Borrower in a format acceptable to the Lender, and (iii) a management letter in the form prepared by the Borrower's independent certified public accountants.

Appears in 1 contract

Samples: Financing and Security Agreement (Pec Solutions Inc)

Annual Statements and Certificates. The Borrower shall furnish to the Lender as soon as available, but in no event more than one hundred and twenty ninety (12090) days after the close of each fiscal year of the Borrower, (i) a copy of the annual financial statement in reasonable detail satisfactory to the Lender relating to the BorrowerBorrower and its Subsidiaries, prepared in accordance with GAAP and examined and certified by independent certified public accountants satisfactory to the Lender, which financial statement shall include a consolidated balance sheet of the Borrower and its Subsidiaries as of the end of such fiscal year and consolidated statements of income, cash flows and changes in shareholders equity of the Borrower and its Subsidiaries for such fiscal year, (ii) a Compliance Certificate, in substantially the form attached to this Agreement as EXHIBIT C, as may be amended by the Lender from time to time, containing a detailed computation of each financial covenant which is applicable for the period reported, a certification that no material change has occurred to the information contained in the Collateral Disclosure List (except as set forth in a schedule attached to the certification), reported and a cash flow projection report, each prepared by a Responsible Officer of the Borrower in a format acceptable to the Lender, and (iii) a management letter in the form prepared by the Borrower's independent certified public accountants.

Appears in 1 contract

Samples: Reimbursement Agreement (American Woodmark Corp)

Annual Statements and Certificates. The Borrower shall furnish to the Lender as soon as available, but in no event more than one hundred and twenty ninety (12090) days after the close of each fiscal year of the Borrower, (i) a copy of the annual audited financial statement in reasonable detail satisfactory to the Lender relating to the Borrower, prepared in accordance with GAAP and examined and certified by independent certified public accountants satisfactory to the Lender, which financial statement shall include a balance sheet of the Borrower as of the end of such fiscal year and statements of income, cash flows and changes in shareholders equity of the Borrower for such fiscal year, (ii) a Compliance Certificate, in substantially the form attached to this Agreement as EXHIBIT C, as may be amended by the Lender from time to time, containing a detailed computation of each financial covenant which is applicable for the period reported, reported and a certification that no material change has occurred to the information contained in the Collateral Disclosure List EXHIBIT D (except as set forth in a schedule attached to the certification), and a cash flow projection report, each prepared by a Responsible Officer of the Borrower in a format acceptable to the Lender, and (iii) a management letter in the form prepared by the Borrower's ’s independent certified public accountants.

Appears in 1 contract

Samples: Financing and Security Agreement (Pec Solutions Inc)

AutoNDA by SimpleDocs

Annual Statements and Certificates. The Borrower shall furnish to the Lender as soon as available, but in no event more than one hundred and twenty (120) days after the close of each fiscal year of the Borrower, (i) a copy of the annual financial statement in reasonable detail satisfactory to the Lender relating to the BorrowerBorrower and its Subsidiaries, prepared in accordance with GAAP and examined and certified audited by independent certified public accountants satisfactory to the Lender, which financial statement shall include a consolidated and consolidating balance sheet sheet, profit and loss statement and statement of the Borrower cash flow with supporting schedules as of the end of such fiscal year and statements of income, cash flows and changes in shareholders equity of the Borrower for such fiscal year, (ii) a Compliance Certificate, in substantially the form attached to this Agreement as EXHIBIT CE, as may be amended by the Lender from time to time, containing a detailed computation of each financial covenant in this Agreement which is applicable for the period reported, a certification that no material change has occurred to the information contained in the Collateral Disclosure List on EXHIBIT C (except as set forth in a schedule attached to the certification), and a cash flow projection report, each prepared by a Responsible Officer of the Borrower in a format acceptable to the Lender, Lender and (iii) a management letter in the form prepared by the Borrower's ’s independent certified public accountants.

Appears in 1 contract

Samples: Financing and Security Agreement (Healthextras Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.