Common use of Borrower’s Annual Financial Statements Clause in Contracts

Borrower’s Annual Financial Statements. As soon as available and in any event within one hundred twenty (120) days after the end of each Fiscal Year of Borrower: (i) for Borrower and its Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period in the Fiscal Year and all prepared in accordance with GAAP consistently applied, and the consolidated financials referenced in this Section 8.08(b)(i) shall be audited by such independent certified public accountants selected by Borrower and reasonably acceptable to Banks and the consolidating financial statements referenced in this Section 8.08(b)(i) shall be certified by the chief financial officer of Borrower; and (ii) for Borrower and the Restricted Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period for such Fiscal Year and all prepared in accordance with GAAP consistently applied, and which shall be certified by the chief financial officer of Borrower, and (iii) for Borrower and the Restricted Subsidiaries, the balance sheets and income statements prepared on a consolidated basis in accordance with GAAP consistently applied, and which shall be audited by such independent certified public accountants registered by the PCAOB as selected by the Borrower and acceptable to the Banks, such acceptance not to be unreasonably withheld.

Borrower’s Annual Financial Statements. As soon as available and in any event within one hundred twenty (120) days after the end of each Fiscal Year of the Borrower: (i) for , the consolidated and consolidating balance sheets of the Borrower and its Subsidiaries, on a as of the end of such Fiscal Year, the consolidated and consolidating basis, the balance sheetsstatements of income, statements of changes in stockholders’ equity, income statements ' equity and cash flow statements of cash flow the Borrower and its Subsidiaries for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period in the Fiscal Year and all prepared in accordance with GAAP consistently applied, which consolidated balance sheets and consolidated statements of income, statements of changes in stockholders' equity and cash flow statements of the consolidated financials referenced in this Section 8.08(b)(i) Borrower and its Subsidiaries, shall be audited by such independent certified public accountants selected by the Borrower and reasonably acceptable to the Banks and the with such consolidating financial statements referenced in this Section 8.08(b)(i) shall be certified by also being consolidated to the chief financial officer of Borrower; and (ii) for Borrower and the Restricted Subsidiaries, on a consolidated Consolidated Subsidiaries and including balance sheets and consolidating basis, the balance sheetsstatements of income, statements of changes in and stockholders’ equity, income statements ' equity and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period for such Fiscal Year and all statements prepared in accordance with GAAP consistently applied, applied and which shall be certified by the chief financial officer Chief Financial Officer of the Borrower, and (iii) for Borrower and the Restricted Subsidiaries, the balance sheets and income statements prepared on a consolidated basis in accordance with GAAP consistently applied, and which shall be audited by such independent certified public accountants registered by the PCAOB as selected by the Borrower and acceptable to the Banks, such acceptance not to be unreasonably withheld.;

Borrower’s Annual Financial Statements. As soon as available and in any event within one hundred twenty ninety (12090) days after the end of each Fiscal Year of Borrower: (i) for Borrower and its Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period in the Fiscal Year and all prepared in accordance with GAAP consistently applied, and the consolidated financials referenced in this Section 8.08(b)(i) shall be audited by such independent certified public accountants selected by Borrower and reasonably acceptable to Banks and the consolidating financial statements referenced in this Section 8.08(b)(i) shall be certified by the chief financial officer of Borrower; and (ii) for Borrower and the Restricted Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period for such Fiscal Year and all prepared in accordance with GAAP consistently applied, and which shall be certified by the chief financial officer of Borrower, and (iii) for Borrower and the Restricted Subsidiaries, the balance sheets and income statements prepared on a consolidated basis in accordance with GAAP consistently applied, and which shall be audited by such independent certified public accountants registered by the PCAOB as selected by the Borrower and acceptable to the Banks, such acceptance not to be unreasonably withheld.

Borrower’s Annual Financial Statements. As soon as available and in any event within one hundred twenty (120) days after the end of each Fiscal Year of Borrower: (i) for Borrower and its Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ ' equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period in the Fiscal Year and all prepared in accordance with GAAP consistently applied, and the consolidated financials referenced in this Section 8.08(b)(i) shall be audited by such independent certified public accountants selected by Borrower and reasonably acceptable to Banks and the consolidating financial statements referenced in this Section 8.08(b)(i) shall be certified by the chief financial officer of Borrower; and (ii) for Borrower and the Restricted Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ ' equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period for such Fiscal Year and all prepared in accordance with GAAP consistently applied, and which shall be certified by the chief financial officer of Borrower, and (iii) for Borrower and the Restricted Subsidiaries, the balance sheets and income statements prepared on a consolidated basis in accordance with GAAP consistently applied, and which shall be audited by such independent certified public accountants registered by the PCAOB as selected by the Borrower and acceptable to Banks. As of the date hereof, Deloitte & Touche, LLP is acceptable to Banks, such acceptance not to be unreasonably withheld.