Common use of Annual Statements Clause in Contracts

Annual Statements. as soon as available, and in any event within 90 days after the end of each Fiscal Year of the Company, duplicate copies of (i) a consolidated balance sheet of the Company and its Subsidiaries as at the end of such year, and (ii) consolidated statements of income, changes in stockholders’ equity and cash flows of the Company and its Subsidiaries for such year, setting forth in each case in comparative form the figures for the previous Fiscal Year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing within the time period specified above of the Company’s Form 10-K for such Fiscal Year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(b);

Annual Statements. as soon as available, and in any event within 90 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of, (i1) a consolidated balance sheet of the Company and its Subsidiaries Consolidated Subsidiaries, as at the end of such year, and (ii2) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company and its Subsidiaries Consolidated Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b);

Annual Statements. as soon as available, and in any event within 90 days after the end of each Fiscal Year of the Company, duplicate copies of (i) a consolidated balance sheet of the Company and its Subsidiaries as at the end of such year, and (ii) consolidated statements of income, changes in stockholders’ equity and cash flows of the Company and its Subsidiaries for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing within the time period specified above of the Company’s Form 10-K for such Fiscal Year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(b);

Annual Statements. as soon as available, and in any event within 90 120 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of, (i) a consolidated balance sheet of the Company and its Subsidiaries Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s 's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s 's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b);

Annual Statements. as soon as available, and in any event within Within 90 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies ofthe Company shall deliver to each of the Noteholders: (i) a consolidated balance sheet of the Company and its Subsidiaries Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b8.1(c);

Annual Statements. as soon as availableExcept with respect to fiscal 2003, and in any event within 90 105 days after the end of each Fiscal Year the fiscal year of the Company, duplicate copies of , (i) a consolidated balance sheet of the Company and its Subsidiaries as at the end of such year, and and (ii) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon on and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of copies of the Company’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Security Exchange ActAct of 1934, provided that such annual report need not be filed until required to be filed pursuant to SEC requirementsas amended) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b6(b);.

Annual Statements. as soon as available, and in any event (i) within 90 days after the end of each Fiscal Year fiscal year of the CompanyCorporation, duplicate copies of: (iA) a consolidated balance sheet of the Company Corporation and its Subsidiaries Subsidiaries, as at the end of such year, ; and (iiB) consolidated statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company Corporation and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standingstanding in the Corporation's jurisdiction, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing within the time period specified above of the Company’s Corporation's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s Corporation's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor applicable to the Corporation (or such other annual report as is applicable to the Corporation) and sent to shareholders with the annual proxy statement and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(bsection 10.1(c);

Annual Statements. as soon as available, and in any event within 90 days after the end of each Fiscal Year fiscal year of the CompanyCorporation, duplicate copies of: (i) a consolidated balance sheet of the Company Corporation and its Subsidiaries Subsidiaries, as at the end of such year, ; and (ii) consolidated statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company Corporation and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standingstanding in the Corporation's jurisdiction, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing within the time period specified above of the Company’s Corporation's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s Corporation's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor applicable to the Corporation (or such other annual report as is applicable to the Corporation) and sent to shareholders with the annual proxy statement and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(b8.1(c);

Annual Statements. as soon as available, and in any event within 90 120 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of, (i) a consolidated balance sheet of the Company and its Subsidiaries Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing 18 delivery within the time period specified above of the Company’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b)(b) to the extent such reports otherwise satisfy such requirements;

Annual Statements. as soon as available, and in any event within 90 days after the end of each Fiscal Year fiscal year of the CompanyGuarantor, duplicate copies of: (i) a consolidated balance sheet of the Company Guarantor and its Subsidiaries Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company Guarantor and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing within the time period specified above Electronic Filing of the CompanyGuarantor’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the CompanyGuarantor’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements (including delivery requirements) of this Section 7.1(b8.1(b);

Annual Statements. as soon as available, available and in any event within 90 120 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of (i) a consolidated balance sheet of the Company and its Consolidated Subsidiaries as at the end of such year, and (ii) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company and its Consolidated Subsidiaries for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that filing with the filing within the time period specified above SEC of the Company’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(b9.3(b);

Annual Statements. as soon as available, and in any event within Within 90 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies ofthe Company shall deliver to each of the Noteholders: (i) a consolidated balance sheet of the Company and its Subsidiaries Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b8.1(c);

Annual Statements. as soon as available, and in any event within 90 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of: (i) a consolidated balance sheet of the Company and its Subsidiaries Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s 's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s 's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission, together with the accountant's certificate described in clause (B) above, shall be deemed to satisfy the requirements of this Section 7.1(b);

Annual Statements. as soon as available, and in any event within 90 days after the end of each Fiscal Year fiscal year of the CompanyLessee, duplicate copies of. (iA) a consolidated balance sheet of the Company Lessee and its Subsidiaries subsidiaries, if any, as at the end of such year, and (iiB) consolidated statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company Lessee and its Subsidiaries subsidiaries, if any, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s Lessee's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s Lessee's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission, if any, shall be deemed to satisfy the requirements of this Section 7.1(b20.03(b);.

Annual Statements. as As soon as available, available and in any event within 90 ninety (90) days after the end close of each Fiscal Year fiscal year of Borrower, copies of the Company, duplicate copies of (i) a consolidated and consolidating balance sheet of the Company and its Subsidiaries Companies as at of the end close of such year, and (ii) consolidated fiscal year and statements of income, retained earnings, and changes in stockholders’ equity and cash flows flow of the Company and its Subsidiaries Companies for such fiscal year, setting forth in each case setting forth in comparative form the figures for the previous Fiscal Yearpreceding fiscal year, all in reasonable detail, prepared in accordance with GAAP, detail and accompanied by an opinion thereon (which shall not be qualified by reason of any limitation imposed by Borrower) of independent public accountants of recognized national standing, which opinion shall state selected by Borrower and reasonably satisfactory to Agent, to the effect that (i) such consolidated financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity accordance with GAAPGAAP (except for changes in which such accountants concur), and that (ii) the examination of such accountants accounts in connection with such financial statements has been made in accordance with generally accepted auditing standardsstandards and, accordingly, includes such tests of the accounting records and that such audit provides a reasonable basis for such opinion other auditing procedures as were considered necessary in the circumstances, provided that the filing within the time period specified above and (iii) in making their audit, such accountants have not become aware of any condition or event which would constitute a Potential Default or an Event of Default under any of the Company’s Form 10-K for terms or provisions of this Agreement (insofar as any such Fiscal Year (together with the Company’s annual report terms or provisions pertain to shareholdersaccounting matters) and, if anyany such condition or event then exists, prepared pursuant to Rule 14a-3 under specifying the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor nature and filed with the SEC shall be deemed to satisfy the requirements period of this Section 7.1(b)existence thereof;

Annual Statements. as soon as available, and in any event within 90 Within 105 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of, (i) a consolidated balance sheet of the Company and its Subsidiaries Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b);

Annual Statements. as As soon as available, available and in any event within 90 105 days after the end close of each Fiscal Year fiscal year of the Company, duplicate copies of: (i1) a consolidated balance sheet sheets of the Company and its Subsidiaries as at of the end close of such fiscal year, and (ii2) consolidated statements of income, changes in stockholders’ earnings and shareholders' equity and cash flows of the Company and its Subsidiaries for such fiscal year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s 's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s 's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(bSECTION 5.15(B);

Annual Statements. as soon as available, and in any event (A) within 90 days after the end of each Fiscal Year fiscal year of the CompanyCorporation, duplicate copies of: (iI) a consolidated balance sheet of the Company Corporation and its Subsidiaries Subsidiaries, as at the end of such year, ; and (iiII) consolidated statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company Corporation and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standingstanding in the Corporation's jurisdiction, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing within the time period specified above of the Company’s Corporation's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s Corporation's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor applicable to the Corporation (or such other annual report as is applicable to the Corporation) and sent to shareholders with the annual proxy statement and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(bsection 10.1(c);

Annual Statements. as soon as available, and in any event within 90 120 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of, (i) a consolidated balance sheet of the Company and its Subsidiaries consolidated Subsidiaries, as at the end of such year, and (ii) consolidated statements of income, changes in stockholdersshareholders’ equity and cash flows of the Company and its Subsidiaries consolidated Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, standards of the Public Company Accounting Oversight Board (United States); provided that the filing delivery within the time period specified above of the Company’s Annual Report on Form 10-K (the “Form 10-K”) for such Fiscal Year fiscal year (together with the Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.1(b); provided, further, that the Company shall be deemed to have made such delivery of such Form 10-K if it shall have timely made Electronic Delivery thereof;

Annual Statements. as soon as available, and in any event within 90 100 days after the end of each Fiscal Year fiscal year of the Company, duplicate copies of, (i1) a consolidated and consolidating balance sheet of the Company and its Subsidiaries Subsidiaries, as at the end of such year, and (ii2) consolidated and consolidating statements of income, changes in stockholders’ shareholders' equity and cash flows of the Company and its Subsidiaries Subsidiaries, for such year, setting forth in each case in comparative form the figures for the previous Fiscal Yearfiscal year, all in reasonable detail, prepared in accordance with GAAP, and accompanied by an opinion thereon of independent certified public accountants of recognized national standing, which opinion shall state that such financial statements present fairly, in all material respects, the financial position of the companies being reported upon and their results of operations and cash flows and have been prepared in conformity with GAAP, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and that such audit provides a reasonable basis for such opinion in the circumstances, provided that the filing delivery within the time period specified above of the Company’s 's Annual Report on Form 10-K for such Fiscal Year fiscal year (together with the Company’s 's annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange Act, provided that such annual report need not be filed until required to be filed pursuant to SEC requirements) prepared in accordance with the requirements therefor and filed with the SEC Securities and Exchange Commission shall be deemed to satisfy the requirements of this Section 7.1(b);