Delivery of Financial Reports. The Master Servicer ----------------------------- shall furnish to the Company, the Trustee, each Funding Agent and with respect to clause (a) below, the Rating Agencies: (a) copies of the following financial Reports, reports, notices and information; (i) within 90 days after the end of each fiscal year, the Servicer Guarantor's consolidated balance sheet and related Reports of income, stockholders' equity and cash flows showing the consolidated financial condition of the Servicer Guarantor and its consolidated subsidiaries as of the close of such fiscal year and the consolidated results of its operations and the operations of such subsidiaries during such year (and showing, on a comparative basis, the figures for the previous year), all audited by Independent Public Accountants and accompanied by an opinion of such accountants (which shall not be qualified in any material respect except that qualifications relating to (i) preacquisition balance sheet accounts of Persons acquired by the Master Servicer and (ii) Reports in reliance on another accounting firm shall be permitted) to the effect that such consolidated financial Reports fairly present in all material respects the financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP consistently applied; (ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year, the Servicer Guarantor's unaudited consolidated balance sheet and related Reports of income, stockholders' equity and cash flows showing the consolidated financial condition of the Servicer Guarantor, each of the European Originators and each of their consolidated subsidiaries as of the close of such fiscal quarter and the consolidated results of the Servicer Guarantor's operations and the operations of such subsidiaries during such fiscal quarter and the then elapsed portion of the fiscal year (and showing, on a comparative basis, such information as of and for the corresponding dates and periods of the preceding fiscal year), all certified by a Responsible Officer of the Servicer Guarantor as fairly presenting in all material respects the consolidated financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP (except for the absence of footnote disclosure) consistently applied, subject to year-end audit adjustments; (iii) within 150 days after the end of each fiscal year audited balance sheet and related reports statements of income, stockholders' equity and cash flows showing the financial condition of the Servicer Guarantor and each of the European Originators and each of their consolidated subsidiaries; (b) concurrently with any delivery of financial Reports under sub-paragraph (a)(ii) above, subject to Section 8.11 hereof, a certificate of ------------ the Responsible Officer certifying such Reports and stating to the best of such person's knowledge (i) no Early Amortization Event or Potential Early Amortization Event exists, or (ii) if any Early Amortization Event or Potential Early Amortization Event exists, stating the nature and status thereof; (c) promptly after the filing thereof, copies of any registration statement (other than the exhibits thereto and excluding any registration statements on Form S-8 and any other registration statement relating exclusively to stock, bonus, option, 401(k) and other similar plans for officers, directors and employees) of each Originator and the Servicer Guarantor or any of its respective Subsidiaries or Affiliates; (d) promptly upon the furnishings thereof to the shareholders of each Originator, copies of all financial statements, financial reports and proxy statements so furnished; (e) (i) within ten (10) days after the date of any material change in the Policies, a copy of the Policies then in effect and (ii) within ten (10) calendar days after the date of the Master Servicer's receipt of notice of or the publication of any change in each Originator's public or private debt ratings by a Rating Agency, if any, a written certification of such Originator's public or private debt ratings by a Rating Agency after giving effect to such change; and (f) promptly, from time to time, such other information regarding the operations, business affairs and financial condition of each Originator, or compliance with the terms of any Transaction Document, in each case as any Funding Agent or any Trustee may reasonably request.
Appears in 2 contracts
Samples: Servicing Agreement (Huntsman Ici Holdings LLC), Servicing Agreement (Huntsman Ici Chemicals LLC)
Delivery of Financial Reports. The Master Servicer ----------------------------- shall furnish to the Company, the Trustee, Trustee and each Funding Agent and with respect to clause (a) below, the Rating AgenciesAgent:
(a) copies of the following financial Reports, reports, notices and information;:
(i) within 90 days after the end of each fiscal year, the Servicer Guarantor's ’s consolidated balance sheet and related Reports of income, stockholders' ’ equity and cash flows showing the consolidated financial condition of the Servicer Guarantor and its consolidated subsidiaries as of the close of such fiscal year and the consolidated results of its operations and the operations of such subsidiaries during such year (and showing, on a comparative basis, the figures for the previous year), all audited by Independent Public Accountants and accompanied by an opinion of such accountants (which shall not be qualified in any material respect except that qualifications relating to (i) preacquisition balance sheet accounts of Persons acquired by the Master Servicer and (ii) Reports in reliance on another accounting firm shall be permitted) to the effect that such consolidated financial Reports reports fairly present in all material respects the financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP consistently applied;
(ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year, the Servicer Guarantor's ’s unaudited consolidated balance sheet and related Reports of income, stockholders' ’ equity and cash flows showing the consolidated financial condition of the Servicer Guarantor, each of the European Originators and each of their consolidated subsidiaries as of the close of such fiscal quarter and the consolidated results of the Servicer Guarantor's ’s operations and the operations of such subsidiaries during such fiscal quarter and the then elapsed portion of the fiscal year (and showing, on a comparative basis, such information as of and for the corresponding dates and periods of the preceding fiscal year), all certified by a Responsible Officer of the Servicer Guarantor as fairly presenting in all material respects the consolidated financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP (except for the absence of footnote disclosure) consistently applied, subject to year-end audit adjustments;
(iii) within 150 days after the end of each fiscal year audited balance sheet and related reports statements of income, stockholders' ’ equity and cash flows showing the financial condition of the Servicer Guarantor each of its consolidated subsidiaries;
(iv) within 300 days after the end of each fiscal year audited balance sheet and related reports statements of income, stockholders’ equity and cash flows showing the financial condition of each of the European Originators and each of their consolidated subsidiaries;
(b) concurrently with any delivery of financial Reports reports under sub-paragraph (a)(ii) aboveSection 4.10(a)(ii), subject to Section 8.11 hereof, a certificate of ------------ the Responsible Officer certifying such Reports and stating to the best of such person's ’s knowledge (i) no Early Amortization Event or Potential Early Amortization Event exists, or (ii) if any Early Amortization Event or Potential Early Amortization Event exists, stating the nature and status thereof;
(c) promptly after the filing thereof, copies of any registration statement (other than the exhibits thereto and excluding any registration statements on Form S-8 and any other registration statement relating exclusively to stock, bonus, option, 401(k) and other similar plans for officers, directors and employees) of each Originator and the Servicer Guarantor or any of its respective Subsidiaries or Affiliates;
(d) promptly upon the furnishings thereof to the shareholders of each Originator, copies of all financial statements, financial reports and proxy statements so furnished;
(e) (i) within ten (10) days after the date of any material change in the Policies, a copy of the Policies then in effect and (ii) within ten (10) calendar days after the date of the Master Servicer's ’s receipt of notice of or the publication of any change in each Originator's ’s public or private debt ratings by a Rating Agency, if any, a written certification of such Originator's ’s public or private debt ratings by a Rating Agency after giving effect to such change; and
(f) promptly, from time to time, such other information regarding the operations, business affairs and financial condition of each Originator, or compliance with the terms of any Transaction Document, in each case as any Funding Agent or any Trustee may reasonably request.
Appears in 1 contract
Samples: Receivables Financing Agreement (Huntsman International LLC)
Delivery of Financial Reports. The Master Servicer ----------------------------- shall During any period in which the Company is no longer subject to the reporting requirements under the Exchange Act, the Company agrees to furnish to the Company, Investors the Trustee, each Funding Agent and with respect to clause (a) below, the Rating Agenciesfollowing:
(a) copies of the following financial Reports, reports, notices and information;
(i) within 90 days after the end of each fiscal year, the Servicer Guarantor's consolidated Consolidated and consolidating balance sheet sheets and related Reports statements of incomeoperations, stockholders' ’ equity and cash flows flows, showing the consolidated financial condition of the Servicer Guarantor Company and its consolidated subsidiaries Subsidiaries, as of the close of such fiscal year and the consolidated results of its operations and the operations of such subsidiaries during such year (and showingyear, on a comparative basis, the figures for the previous year), all such Consolidated statements to be audited by Independent Public Accountants an independent public accountant of recognized national or regional standing acceptable to the Investors, and accompanied by an opinion of such accountants accountant (which shall not be qualified in any material respect except that qualifications relating to (irespect) preacquisition balance sheet accounts of Persons acquired by the Master Servicer and (ii) Reports in reliance on another accounting firm shall be permitted) to the effect that such consolidated financial Reports statements fairly present in all material respects the financial condition and condition, results of operations and cash flows of the Servicer Guarantor Company and its consolidated subsidiaries Subsidiaries on a consolidated Consolidated basis in accordance with GAAP consistently applied;GAAP; and
(iib) within 60 45 days after the end of each of the first three fiscal quarters quarter of each fiscal year, the Servicer Guarantor's unaudited consolidated Consolidated and consolidating balance sheet and related Reports statements of incomeoperations, stockholders' ’ equity and cash flows showing the consolidated financial condition of the Servicer GuarantorCompany and its Subsidiaries, each of the European Originators and each of their consolidated subsidiaries as of the close of such fiscal quarter and the consolidated results of the Servicer Guarantor's its operations and the operations of such subsidiaries during such fiscal quarter and the then elapsed portion of the fiscal year (and showingyear, on a setting forth in each case in comparative basis, such information as of and form the figures for the corresponding dates and periods fiscal quarter of the preceding fiscal year), all in reasonable detail and all certified by a Responsible Officer of the Servicer Guarantor its chief financial officer as fairly presenting in all material respects the consolidated financial condition and condition, results of operations and cash flows of the Servicer Guarantor Company and its consolidated subsidiaries Subsidiaries on a consolidated Consolidated basis in accordance with GAAP (except for the absence of footnote disclosure) consistently appliedbut without footnotes), subject to normal year-end audit adjustments;
(iii) within 150 days after the end , together with a quarterly management summary description of each fiscal year audited balance sheet and related reports statements of income, stockholders' equity and cash flows showing the financial condition of the Servicer Guarantor and each of the European Originators and each of their consolidated subsidiaries;
(b) concurrently with any delivery of financial Reports under sub-paragraph (a)(ii) above, subject to Section 8.11 hereof, a certificate of ------------ the Responsible Officer certifying such Reports and stating to the best of such person's knowledge (i) no Early Amortization Event or Potential Early Amortization Event exists, or (ii) if any Early Amortization Event or Potential Early Amortization Event exists, stating the nature and status thereof;
(c) promptly after the filing thereof, copies of any registration statement (other than the exhibits thereto and excluding any registration statements on Form S-8 and any other registration statement relating exclusively to stock, bonus, option, 401(k) and other similar plans for officers, directors and employees) of each Originator and the Servicer Guarantor or any of its respective Subsidiaries or Affiliates;
(d) promptly upon the furnishings thereof to the shareholders of each Originator, copies of all financial statements, financial reports and proxy statements so furnished;
(e) (i) within ten (10) days after the date of any material change in the Policies, a copy of the Policies then in effect and (ii) within ten (10) calendar days after the date of the Master Servicer's receipt of notice of or the publication of any change in each Originator's public or private debt ratings by a Rating Agency, if any, a written certification of such Originator's public or private debt ratings by a Rating Agency after giving effect to such change; and
(f) promptly, from time to time, such other information regarding the operations, business affairs and financial condition of each Originator, or compliance with the terms of any Transaction Document, in each case as any Funding Agent or any Trustee may reasonably request.
Appears in 1 contract
Delivery of Financial Reports. The Master Servicer ----------------------------- shall furnish to the Company, the TrusteeCollateral Agent, the Administrative Agent and each Funding Agent and with respect to clause (a) below, the Rating AgenciesAgent:
(a) copies of the following financial Reports, reports, notices and information;:
(i) within 90 one hundred fifty (150) days after the end of each fiscal year, the Servicer Guarantor's ’s consolidated balance sheet and related Reports reports of income, stockholders' ’ equity and cash flows showing the consolidated financial condition of the Servicer Guarantor and its consolidated subsidiaries as of the close of such fiscal year and the consolidated results of its operations and the operations of such subsidiaries during such year (and showing, on a comparative basis, the figures for the previous year), all audited by Independent Public Accountants and accompanied by an opinion of such accountants (which shall not be qualified in any material respect except that qualifications relating to (i) preacquisition balance sheet accounts of Persons acquired by the Master Servicer and (ii) Reports reports in reliance on another accounting firm shall be permitted) to the effect that such consolidated financial Reports reports fairly present in all material respects the financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP consistently applied;
(ii) within 60 sixty (60) days after the end of each of the first three fiscal quarters of each fiscal year, the Servicer Guarantor's ’s unaudited consolidated balance sheet and related Reports of income, stockholders' ’ equity and cash flows showing the consolidated financial condition of the Servicer Guarantor, each of the European Originators Guarantor and each of their its consolidated subsidiaries as of the close of such fiscal quarter and the consolidated results of the Servicer Guarantor's ’s operations and the operations of such subsidiaries during such fiscal quarter and the then elapsed portion of the fiscal year (and showing, on a comparative basis, such information as of and for the corresponding dates and periods of the preceding fiscal year), all certified by a Responsible Officer of the Servicer Guarantor as fairly presenting in all material respects the consolidated financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP (except for the absence of footnote disclosure) consistently applied, subject to year-end audit adjustments;
(iii) within 150 days after the end of each fiscal year audited balance sheet and related reports statements of income, stockholders' equity and cash flows showing the financial condition of the Servicer Guarantor and each of the European Originators and each of their consolidated subsidiaries;
(b) concurrently with any delivery of financial Reports reports under sub-paragraph (a)(ii) aboveSection 4.10(a)(ii), subject to Section 8.11 hereof8.12, a certificate of ------------ the Responsible Officer certifying such Reports and stating to the best of such person's Person’s knowledge (i) no Early Amortization Event or Potential Early Amortization Facility Event exists, or (ii) if any Early Amortization Event or Potential Early Amortization Facility Event exists, stating the nature and status thereof;
(c) promptly after the filing thereof, copies of any registration statement (other than the exhibits thereto and excluding any registration statements on Form S-8 and any other registration statement relating exclusively to stock, bonus, option, 401(k) and other similar plans for officers, directors and employees) of each U.S. Originator and the Servicer Guarantor or any of its their respective Subsidiaries or Affiliates;
(d) promptly upon the furnishings thereof to the shareholders of each Originator, copies of all financial statements, financial reports and proxy statements so furnished;
(e) (i) within not less than ten (10) days after prior to the date of any material change in the Policies, a copy of the Policies then in effect effect, together with a description of the proposed change and (ii) within ten (10) calendar days after the date of the Master Servicer's ’s receipt of notice of or the publication of any change in each Originator's ’s public or private debt ratings by a Rating Agency, if any, a written certification of such Originator's ’s public or private debt ratings by a Rating Agency after giving effect to such change; and
(f) promptly, from time to time, such other information regarding the operations, business affairs and financial condition of each Originator, or compliance with the terms of any Transaction Document, in each case as any Funding Agent, the Administrative Agent or any Trustee Collateral Agent may reasonably request.
Appears in 1 contract
Samples: u.s. Receivables Loan Agreement (Huntsman International LLC)
Delivery of Financial Reports. The Master Servicer ----------------------------- shall furnish to the Company, the Trustee, each Funding Agent and with respect to clause (a) below, the Rating Agencies:
(a) copies of the following financial Reports, reports, notices and information;
(i) within 90 days after the end of each fiscal year, the Servicer Guarantor's consolidated balance sheet and related Reports of income, stockholders' equity and cash flows showing the consolidated financial condition of the Servicer Guarantor and its consolidated subsidiaries as of the close of such fiscal year and the consolidated results of its operations and the operations of such subsidiaries during such year (and showing, on a comparative basis, the figures for the previous year), all audited by Independent Public Accountants and accompanied by an opinion of such accountants (which shall not be qualified in any material respect except that qualifications relating to (i) preacquisition balance sheet accounts of Persons acquired by the Master Servicer and (ii) Reports in reliance on another accounting firm shall be permitted) to the effect that such consolidated financial Reports fairly present in all material respects the financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP consistently applied;
(ii) within 60 days after the end of each of the first three fiscal quarters of each fiscal year, the Servicer Guarantor's unaudited consolidated balance sheet and related Reports of income, stockholders' equity and cash flows showing the consolidated financial condition of the Servicer Guarantor, each of the European Originators and each of their consolidated subsidiaries as of the close of such fiscal quarter and the consolidated results of the Servicer Guarantor's operations and the operations of such subsidiaries during such fiscal quarter and the then elapsed portion of the fiscal year (and showing, on a comparative basis, such information as of and for the corresponding dates and periods of the preceding fiscal year), all certified by a Responsible Officer of the Servicer Guarantor as fairly presenting in all material respects the consolidated financial condition and results of operations of the Servicer Guarantor and its consolidated subsidiaries on a consolidated basis in accordance with GAAP (except for the absence of footnote disclosure) consistently applied, subject to year-end audit adjustments;
(iii) within 150 days after the end of each fiscal year audited balance sheet and related reports statements of income, stockholders' equity and cash flows showing the financial condition of the Servicer Guarantor each of its consolidated subsidiaries;
(iv) within 300 days after the end of each fiscal year audited balance sheet and related reports statements of income, stockholders' equity and cash flows showing the financial condition of each of the European Originators and each of their consolidated subsidiaries;
(b) concurrently with any delivery of financial Reports under sub-paragraph (a)(ii) above, subject to Section 8.11 hereof, a certificate of ------------ the Responsible Officer certifying such Reports and stating to the best of such person's knowledge (i) no Early Amortization Event or Potential Early Amortization Event exists, or (ii) if any Early Amortization Event or Potential Early Amortization Event exists, stating the nature and status thereof;
(c) promptly after the filing thereof, copies of any registration statement (other than the exhibits thereto and excluding any registration statements on Form S-8 and any other registration statement relating exclusively to stock, bonus, option, 401(k) and other similar plans for officers, directors and employees) of each Originator and the Servicer Guarantor or any of its respective Subsidiaries or Affiliates;
(d) promptly upon the furnishings thereof to the shareholders of each Originator, copies of all financial statements, financial reports and proxy statements so furnished;
(e) (i) within ten (10) days after the date of any material change in the Policies, a copy of the Policies then in effect and (ii) within ten (10) calendar days after the date of the Master Servicer's receipt of notice of or the publication of any change in each Originator's public or private debt ratings by a Rating Agency, if any, a written certification of such Originator's public or private debt ratings by a Rating Agency after giving effect to such change; and
(f) promptly, from time to time, such other information regarding the operations, business affairs and financial condition of each Originator, or compliance with the terms of any Transaction Document, in each case as any Funding Agent or any Trustee may reasonably request.
Appears in 1 contract