Common use of Budgets, Financial Statements, Engineering Reports and Other Information Clause in Contracts

Budgets, Financial Statements, Engineering Reports and Other Information. The Borrower shall deliver to the Lender: (i) Annual Financials—as soon as available and, in any event, within 120 days after the end of each of its fiscal years, copies of Xxxxxx’x audited annual financial statements on a consolidated basis with a comparison to the forecast for such year, and, if requested, copies of the unaudited annual financial statements on an unconsolidated basis of the Borrower and each Subsidiary, each consisting of a balance sheet, statement of income, statement of cash flows and statement of shareholders’ equity for each such year, together with the notes thereto in the case of the audited annual financial statements, all prepared in accordance with GAAP consistently applied, together with a report and unqualified opinion of Xxxxxx’x auditors thereon in the case of audited annual financial statements of Xxxxxx and including any management letters provided by the auditors in connection with such audit; (ii) Quarterly Financials—as soon as available and, in any event within 60 days after the end of each of the first three (3) fiscal quarters, copies of Xxxxxx’x unaudited financial statements on a consolidated basis with a comparison to the approved forecast for such fiscal quarter, in each case consisting of a balance sheet, statement of income and statement of cash flows for each such period all in reasonable detail and stating in comparative form the figures for the corresponding date and fiscal quarter in the previous fiscal year, all prepared in accordance with GAAP consistently applied;

Budgets, Financial Statements, Engineering Reports and Other Information. The Borrower shall deliver to the Lender: (i) Annual Financials—Financials — as soon as available and, in any event, within 120 days after the end of each of its fiscal years, copies of Xxxxxx’x audited annual financial statements on a consolidated basis with a comparison to the forecast for such year, and, if requested, copies of the unaudited annual financial statements on an unconsolidated basis of the Borrower and each Subsidiary, each consisting of a balance sheet, statement of income, statement of cash flows and statement of shareholders’ equity for each such year, together with the notes thereto in the case of the audited annual financial statements, all prepared in accordance with GAAP consistently applied, together with a report and unqualified opinion of Xxxxxx’x auditors thereon in the case of audited annual financial statements of Xxxxxx and including any management letters provided by the auditors in connection with such audit; (ii) Quarterly Financials—Financials — as soon as available and, in any event within 60 days after the end of each of the first three (3) fiscal quarters, copies of Xxxxxx’x unaudited financial statements on a consolidated basis with a comparison to the approved forecast for such fiscal quarter, in each case consisting of a balance sheet, statement of income and statement of cash flows for each such period all in reasonable detail and stating in comparative form the figures for the corresponding date and fiscal quarter in the previous fiscal year, all prepared in accordance with GAAP consistently applied;

Budgets, Financial Statements, Engineering Reports and Other Information. The Borrower shall deliver to the LenderAgent with sufficient copies for each of the Lenders: (i) Annual Financials—Operating Budgets - as soon as available and, in any event, within 90 days after the end of each of its fiscal years, a copy of its annual consolidated operating budget for the next fiscal year (approved by the board of directors of the Borrower); (ii) Environmental Certificate - concurrently with furnishing the financial statements pursuant to Section 10.1(e)(iii), an Environmental Certificate, such certificate to be in the form attached hereto as Schedule I and acceptable to the Lenders, acting reasonably; (iii) Annual Financials - as soon as available and, in any event, within 120 days after the end of each of its fiscal years, copies of Xxxxxx’x the Borrower's audited annual financial statements on a consolidated basis with a comparison to the forecast for such yearbasis, and, if requested, copies of the unaudited annual financial statements on an unconsolidated basis of the Borrower and each Subsidiary, each consisting of a balance sheetstatement of financial position, statement of income, statement of cash flows and statement of changes in shareholders’ ' equity for each such year, together with the notes thereto in the case of the audited annual financial statementsthereto, all prepared in accordance with GAAP consistently appliedapplied and, to the extent available, accompanied by a management discussion & analysis (or any similar document prepared for shareholders of the Borrower), together with a report and unqualified audit opinion of Xxxxxx’x the Borrower's auditors thereon in the case of audited annual financial statements of Xxxxxx and including any management letters provided by the auditors in connection with such audit; (iiiv) Quarterly Financials—Financials - as soon as available and, in any event within 60 days after the end of each of the first three (3) its first, second and third fiscal quarters, copies of Xxxxxx’x the Borrower's unaudited quarterly financial statements on a consolidated basis with a comparison to the approved forecast for such fiscal quarterbasis, in each case consisting of a balance sheetstatement of financial position, statement of income and income, statement of cash flows and statement of changes in shareholders' equity for each such period all in reasonable detail and stating in comparative form (to the extent applicable and in any event, without requiring restatements for discontinued operations) the figures for the corresponding date and fiscal quarter period in the previous fiscal year, all prepared in accordance with GAAP consistently appliedapplied and, to the extent available, accompanied by a management discussion & analysis (or any similar document prepared for shareholders of the Borrower);

Budgets, Financial Statements, Engineering Reports and Other Information. The Borrower shall deliver to the LenderAgent with sufficient copies for each of the Lenders: (i) Annual Financials—Capital and Operating Budgets - as soon as available and, in any event, within 120 days after the end of each of its fiscal years, a copy of the Parent's annual consolidated capital budget and operating budget for the next fiscal year (approved by the board of directors of the Borrower on behalf of the Borrower in its capacity as manager of the Parent); (ii) Annual Financials - as soon as available and, in any event, within 120 days after the end of each fiscal year of the Parent, copies of Xxxxxx’x the Parent's audited annual financial statements on a consolidated basis with a comparison to the forecast for such yearbasis, and, if requested, copies of the unaudited annual financial statements on an unconsolidated basis of the Borrower and each Subsidiary, each consisting of a balance sheet, statement of income, statement of cash flows and statement of shareholders’ ' equity for each such year, together with the notes thereto in the case of the audited annual financial statements, all prepared in accordance with GAAP consistently applied, together with a report of the Parent's auditors thereon; provided that, notwithstanding the foregoing, if the consolidated assets of the Borrower and unqualified opinion its Subsidiaries cease to account for at least 90% of Xxxxxx’x auditors thereon Consolidated Assets, then, without the necessity of a request, the Borrower shall also deliver to the Agent (with sufficient copies for each of the Lenders), as soon as available and, in any event, within 120 days after the case end of audited each of its fiscal years, unaudited annual financial statements of Xxxxxx and including any management letters provided by the auditors Borrower on a consolidated basis (together with the notes thereto) prepared in connection accordance with such auditGAAP; (iiiii) Quarterly Financials—Financials - as soon as available and, in any event within 60 days after the end of each of the first three (3) its first, second and third fiscal quarters, copies of Xxxxxx’x the Parent's unaudited quarterly financial statements on a consolidated basis with a comparison to the approved forecast for such fiscal quarterbasis, in each case consisting of a balance sheet, statement of income and income, statement of cash flows and statement of shareholders' equity for each such period all in reasonable detail and stating in comparative form the figures for the corresponding date and fiscal quarter period in the previous fiscal year, all prepared in accordance with GAAP consistently applied;