Audited Year-End Statements. As soon as available and in any event within 120 days after the end of each fiscal year of the Borrower, final audited financial statements (as described above but including a statement of changes in financial position) as of the end of such fiscal year of the Borrower reported on by and accompanied by the unqualified opinion of independent certified public accountants selected by the Borrower and reasonably acceptable to the Agent, and a copy of any management, operation or other letter or correspondence from such accountant to the Borrower in connection therewith;
Audited Year-End Statements. As soon as available, but in any event within 120 days after the end of each fiscal year of the Borrower (or, if earlier, 15 days after the date required to be filed with the SEC), a balance sheet of the Borrower as at the end of such fiscal year, and the related statements of operations, statement of changes in net assets, and cash flows for such fiscal year, all in reasonable detail and prepared in accordance with GAAP, audited and accompanied by a report and opinion of an independent certified public accountant of nationally recognized standing reasonably acceptable to the Agent, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” or like qualification or exception or any qualification or exception as to the scope of such audit;
Audited Year-End Statements. At least 30 days prior to the Closing, Parent shall furnish or shall cause Parent's independent accountants to furnish the following financial statements for the Business, each in a form meeting the requirements of Regulation S-X of the Securities Act of 1933, as amended ("Regulation S-X"): (i) the audited consolidated balance sheet of the Business (after elimination, to the extent permitted by Regulation S-X, of any Retained Assets or any Retained Liabilities and any operations not included in the Business) as at December 31, 2003 and December 31, 2002, together with the related audited consolidated statement of income and consolidated statement of cash flows for the twelve-month periods ended December 31, 2003, December 31, 2002, and December 31, 2001, (ii) the audited consolidated balance sheet of the Timberlands Business (after elimination of any Retained Assets or Retained Liabilities and any operations not included in the Business) as at December 31, 2003 and December 31, 2002, together with the related audited consolidated statement of income and consolidated statement of cash flows for the twelve-month periods ended December 31, 2003, December 31, 2002, and December 31, 2001, and (iii) the audited consolidated balance sheet of the Non-Timberlands Business (after elimination of any Retained Assets or any Retained Liabilities and any operations not included in the Business) as at December 31, 2003 and December 31, 2002, together with the related audited consolidated statement of income and consolidated statement of cash flows for the twelve-month periods ended December 31, 2003, December 31, 2002, and December 31, 2001 (the financial statements referred to in clauses (i), (ii) and (iii) foregoing, collectively referred to herein as the "Audited Financial Statements"). At the time of such delivery, the Audited Financial Statements shall be attached as part of Schedule 7.6.1.
Audited Year-End Statements. As soon as available, but in any event within 150 days after the end of each fiscal year of the Borrower, copies of the consolidated balance sheets of the Borrower and its Consolidated Subsidiaries (including and excluding GHC) as at the end of such fiscal year and the related consolidated and consolidating statements of income, stockholders' equity and cash flow for such fiscal year, in each case setting forth in comparative form the figures for the previous year of the Borrower and its Consolidated Subsidiaries and reported on, without qualification, by Xxxxxx Xxxxxxxx LLP or other independent certified public accountants selected by the Borrower and acceptable to the Lender.
Audited Year-End Statements. As soon as available, but not later than two Business Days after the date that Tultex is required to file its Form 10-K with the Securities and Exchange Commission or any successor commission (or, if earlier, 120 days after the end of each fiscal year of Tultex), copies of the consolidating and consolidated balance sheets of Tultex and its Consolidated Subsidiaries as at the end of such fiscal year, together with copies of the consolidated and consolidating statements of operations and shareholders' equity and consolidated statements of cash flows of Tultex and its Consolidated Subsidiaries for such fiscal year, in each case setting forth in comparative form the figures for the previous fiscal year, reported on without qualification (other than qualifications that would customarily be given during the pendency of a chapter 11 case under the Bankruptcy Code) by independent certified public accountants of nationally recognized standing; PROVIDED, for fiscal year end 1999 only, the above-referenced financial statements may be unaudited if accompanied by a certification of independent certified public accountants of nationally recognized standing as to the Receivables and Inventory of the Borrowers, in form and substance acceptable to the Agent.
Audited Year-End Statements. As soon as available, but in any event within 90 days after the end of each fiscal year of the Borrower, copies of the consolidated balance sheets of the Borrower and its Consolidated Subsidiaries as at the end of such fiscal year and the related statements of operations, cash flow and shareholders' equity for such fiscal year, in each case setting forth in comparative form the figures for the previous fiscal year of the Borrower, reported on without qualification as to the scope of the audit or the status of the Borrower and its Consolidated Subsidiaries as a "going concern", by independent certified public accountants of nationally recognized standing;
Audited Year-End Statements. As soon as available and in any event within 90 days after the end of each fiscal year of such Brightstar Party, final audited financial statements (as described above but including a statement of changes in financial position) as of the end of such fiscal year of such Brightstar Party prepared by independent certified accountants reasonably satisfactory to Motorola and a copy of any management, operation or other letter or correspondence from such accountant to such Brightstar Party in connection therewith;
Audited Year-End Statements. As soon as available, but not later than two Business Days after the date that Tultex is required to file its Form 10-K with the Securities and Exchange Commission or any successor commission (or, if earlier, 120 days after the end of each fiscal year of Tultex), copies of the consolidating and consolidated balance sheets of Tultex and its Consolidated Subsidiaries as at the end of such fiscal year, together with copies of the consolidated and consolidating statements of operations and shareholders' equity and consolidated statements of cash flows of Tultex and its Consolidated Subsidiaries for such fiscal year, in each case setting forth in comparative form the figures for the previous fiscal year, reported on without qualification by independent certified public accountants of nationally recognized standing.
Audited Year-End Statements. No Default Certificate. Within 90 days after the end of each fiscal year of the Company consolidated balance sheets of the Company and the Consolidated Subsidiaries as at the end of such fiscal year and the related consolidated statements of income and changes in financial position of the Company and the Consolidated Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, in each case reported on by Ernst & Young or other independent certified public accountants of recognized standing satisfactory to the Bank, whose report shall be unqualified as to scope and opinion. Together with such financial statements the Company shall deliver a certificate of such accountants addressed to the Bank (i) stating that (A) the Company is authorized to deliver such financial statements and their certifications thereof to the Bank pursuant to this Agreement and (B) they have caused this Agreement to be reviewed and that, in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default exists and, in particular, they have no knowledge of any Default under the provisions of Article VIII or, if such is not the case, specifying such Default and its nature, when it occurred and whether it is continuing and (ii) having attached the calculations required to establish whether or not the Company and the Consolidated Subsidiaries were in compliance with the covenants contained in Sections 7.01(i) and (j), and 8.01(h), (i), (j) and (k).
Audited Year-End Statements. Within 120 days after the end of each fiscal year of Borrowers, Borrowers shall furnish to Lender copies of the audited consolidated and consolidating balance sheet of SLG and its Subsidiaries as of the end of such fiscal year and the related audited consolidated and consolidating statements of income, shareholders’ equity and cash flow for such fiscal year, in each case setting forth in comparative form the figures for the previous year of SLG and its Subsidiaries, along with management’s summary written overview and analysis of the results for such fiscal year, together with an unqualified audit report certified by independent certified public accountants selected by Borrowers and reasonably acceptable to Lender, and a listing of any adjusting entries. In addition, on or before such date, Borrowers shall provide Lender with copies of all management reports received from its certified public accountants.
