Common use of Audited Financials; Financial Condition Clause in Contracts

Audited Financials; Financial Condition. The Financial Statements, Projections and other materials set forth in Section 5.5, all certified by an authorized officer of Holdings shall have been delivered to Agent. Agent shall have further received a certificate of an authorized officer of each Credit Party to the effect that (a) such Credit Party will be Solvent upon the consummation of the transactions contemplated herein; (b) the Projections are based upon estimates and assumptions stated therein, all of which such Credit Party believes to be reasonable and fair in light of current conditions and current facts known to such Credit Party and, as of the Amendment Effective Date, reflect such Credit Party’s good faith and reasonable estimates of its future financial performance and of the other information projected therein for the period set forth therein; and (c) containing such other statements with respect to the solvency of such Credit Party and matters related thereto as Agent shall request.

Appears in 1 contract

Samples: Credit Agreement (Penhall International Corp)

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Audited Financials; Financial Condition. The Financial Statements, Projections and other materials set forth in Section 5.5, all certified by an authorized officer of Holdings Holdings, shall have been delivered to Agent. Agent shall have further received a certificate of an authorized officer of each Credit Party to the effect that (a) such Credit Party will be Solvent upon the consummation of the transactions contemplated herein; (b) the Projections are based upon estimates and assumptions stated therein, all of which such Credit Party believes to be reasonable and fair in light of current conditions and current facts known to such Credit Party and, as of the Amendment Effective Closing Date, reflect such Credit Party’s good faith and reasonable estimates of its future financial performance and of the other information projected therein for the period set forth therein; and (c) containing such other statements with respect to the solvency of such Credit Party and matters related thereto as Agent shall request.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Penhall International Corp)

Audited Financials; Financial Condition. The Financial Statements, Statements and Projections and other materials set forth specifically identified in Section 5.5, all certified by an authorized officer of Holdings shall have been delivered and satisfactory to Agent. Agent shall have further received a certificate of an authorized officer of each Credit Party to the effect that (a) such Credit Party will be Solvent upon the consummation of the transactions contemplated herein; (b) the Projections are based upon estimates and assumptions stated therein, all of which such Credit Party believes to be reasonable and fair in light of current conditions and current facts known to such Credit Party and, as of the Amendment Effective Closing Date, reflect such Credit Party’s 's good faith and reasonable estimates of its future financial performance and of the other information projected therein for the period set forth therein; and (c) containing such other statements with respect to the solvency Solvency of such Credit Party and matters related thereto as Agent shall request. Agent shall have received a business plan for Borrowers, in form and substance satisfactory to Agent.

Appears in 1 contract

Samples: Credit Agreement (Osullivan Industries Holdings Inc)

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Audited Financials; Financial Condition. The Financial Statements, Projections Statements and other materials set forth Business Plan specifically identified in Section 5.5, all certified by an authorized officer of Holdings Borrower shall have been delivered and satisfactory to Agent. Agent shall have further received a certificate of an authorized officer of each Credit Party to the effect that (a) such Credit Party will be Solvent upon the consummation of the transactions contemplated herein; (b) the Projections Business Plan are based upon estimates and assumptions stated therein, all of which such Credit Party believes to be reasonable and fair in light of current conditions and current facts known to such Credit Party and, as of the Amendment Effective Closing Date, reflect such Credit Party’s good faith and reasonable estimates of its future financial performance and of the other information projected therein for the period set forth therein; and (c) containing such other statements with respect to the solvency Solvency of such Credit Party and matters related thereto as Agent shall request. Agent shall have received a business plan for Borrower, in form and substance satisfactory to Agent.

Appears in 1 contract

Samples: Credit Agreement (Southern Construction Products Inc)

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