Delivery of Quarterly Financial Statements. As soon as practicable and in any event within forty-five (45) days after the close of each of the first three quarters of each fiscal year of the Borrower, the Borrower shall deliver to the Agent (for further distribution to the Lenders and the Banking Services Providers) a management-prepared balance sheet, statement of income, and statement of cash flows of the Borrower and its Subsidiaries on a Consolidated and condensed consolidating basis in each case, as at the end of and for (a) the period commencing at the end of the previous fiscal year and ending with the end of such quarter and (b) the period commencing at the end of the previous fiscal quarter and ending with the end of such currently reported quarter, setting forth in comparative form the corresponding figures for the appropriate periods of the preceding fiscal year, certified by the chief executive officer or chief financial officer of the Borrower as (i) having been prepared in accordance with GAAP (with any changes in accounting policies discussed in reasonable detail) and (ii) presenting fairly the financial position and results of operations of the Borrower and its Subsidiaries, as applicable, as at the date and for the period specified (subject to normal recurring year end audit adjustments), it being understood that footnotes may be omitted. Together with the financial statements delivered pursuant to this Subsection 6.1.2, the Borrower shall deliver a narrative by the chief executive officer or chief financial officer of the Borrower explaining variances to budget and variances to the prior year period; provided, however, that to the extent that the Borrower shall have delivered to the Agent (for further distribution to the Lenders and the Banking Services Providers) a Quarterly Report on Form 10-Q, such delivery shall be deemed to satisfy the requirements of this Subsection 6.1.2.
Delivery of Quarterly Financial Statements. As soon as practicable and in any event within forty-five (45) days after the close of each of the first three quarters of each fiscal year of the Borrower, the Borrower shall deliver to the Lenders a management-prepared Consolidated and Consolidating balance sheet, statement of income and changes in retained earnings, and statement of cash flows of the Borrower and its Subsidiaries as at the end of and for (a) the period commencing at the end of the previous fiscal year and ending with the end of such quarter and (b) the period commencing at the end of the previous fiscal quarter and ending with the end of such currently reported quarter, setting forth in comparative form the corresponding figures for the appropriate periods of the preceding fiscal year and the corresponding figures in the projections previously delivered, certified by the Chief Executive Officer or Chief Financial Officer of the Borrower as (i) having been prepared in accordance with GAAP (with any changes in accounting policies discussed in reasonable detail) and (ii) presenting fairly the financial position and results of operations of the Borrower and its Subsidiaries as at the date and for the period specified (subject to normal recurring year-end audit adjustments), it being understood that footnotes may be omitted.
Delivery of Quarterly Financial Statements. The Company will deliver to each Holder, as soon as practicable, but in any event within forty-five (45) days after the end of each of the first three fiscal quarters of the Company, an income statement for such fiscal quarter and a balance sheet of the Company as of the end of such quarter, such financial reports to be in reasonable detail, prepared in accordance with generally accepted accounting principles. The Company will accompany each delivery of quarterly financial statements with a letter to the Holders updating them on the current progress of the Company.
Delivery of Quarterly Financial Statements. Within 30 days after the end of each month and within 45 days after the close of the first three fiscal quarters of each fiscal year of Borrower, the Borrower shall deliver to the Lender a management-prepared balance sheet, statement of income, and statement of cash flows of Borrower for each such month, and with respect to the quarterly statements, as at the end of and for (a) the period commencing at the end of the previous fiscal year and ending with the end of such quarter and (b) the period commencing at the end of the previous fiscal quarter and ending with the end of such currently reported quarter, setting forth in comparative form the corresponding figures for the appropriate periods of the preceding fiscal year and the corresponding figures in the projections previously delivered, certified on behalf of the Borrower (and not in their individual capacity) by the Chief Executive Officer or Chief Financial Officer of Borrower (or any person who has substantially similar duties) as (i) having been prepared in accordance with GAAP (with any material changes in accounting 22 LEGAL\00000000\5 policies discussed in reasonable detail and subject to the absence of footnotes) and (ii) presenting fairly in all material respects the financial condition and results of operations of Borrower as at the date and for the period specified (subject to normal recurring year-end audit adjustments), it being understood that footnotes may be omitted. 5.1.2
Delivery of Quarterly Financial Statements. The Company shall, as soon as practicable, but in no event within forty-five (45) days after the end of each fiscal quarter of the Company (except for the fiscal quarter ending December 31 of each year) furnish to each Principal Holder a consolidated profit and loss statement for such quarter and year-to-date, a consolidated balance sheet of the Company and a consolidated statement of cash flows for such quarter and year-to-date prepared in accordance with generally accepted accounting principles consistently applied. In the event that the Company is involved in a material corporate transaction which is likely to have an effect on the Company's financial reports, the Company shall have an additional thirty (30) days in order to fulfill its obligations hereunder.
Delivery of Quarterly Financial Statements. Section 8.01(a) of the Credit Agreement shall be amended by inserting the following parenthetical immediately after the words “Within 45 days after the close of each of the first three quarterly accounting periods in each fiscal year of the Borrower” appearing therein: “(but by October 28, 2016 solely with respect to the quarterly accounting period of the Borrower ending August 31, 2016)” and by adding the following sentence at the end of such section: “Notwithstanding the provisions of Section 10.01 hereof, a failure to deliver the required financial statements with respect to the quarterly accounting period of the Borrower ending August 31, 2016 by October 28, 2016 shall not be subject to any cure or grace period.”
Delivery of Quarterly Financial Statements. Section 6.1.1 (Delivery of Quarterly Financial Statements) of the Existing Credit Agreement is amended by adding the following to the end thereof: Beginning with the quarter ending March 31, 2009, at the time of the delivery of the quarterly financial statements referred to above, the Borrower shall also deliver (as to all periods commencing on or after January 1, 2009), a management-prepared Consolidating balance sheet, statement of income and changes in retained earnings and statement of cash flows, showing separately the results of operations and financial condition of the Non-Guarantor Ventures, if any, as a separate group.
Delivery of Quarterly Financial Statements. As soon as practicable and in any event within forty-five (45) days after the close of each of the first three quarters of each fiscal year of the U.S. Borrower, the U.S. Borrower shall deliver to the Lenders a management-prepared Consolidated and Consolidating balance sheet, statement of income and changes in retained earnings, and statement of cash flows of the U.S. Borrower and its Subsidiaries as at the end of and for (a) the period commencing at the end of the previous fiscal year and ending with the end of such quarter and (b) the period commencing at the end of the previous fiscal quarter and ending with the end of such currently reported quarter, setting forth in comparative form the corresponding figures for the appropriate periods of the preceding fiscal year and the corresponding figures in the projections previously delivered, certified by the Chief Executive Officer or Chief Financial Officer of the U.S. Borrower as (i) having been prepared in accordance with GAAP (with any changes in accounting policies discussed in reasonable detail) and (ii) presenting fairly the financial position and results of operations of the U.S. Borrower and its Subsidiaries as at the date and for the period specified (subject to normal recurring year-end audit adjustments), it being understood that footnotes may be omitted.
Delivery of Quarterly Financial Statements. Subsection 6.1.1 (Delivery of Quarterly Financial Statements) of the Existing Credit Agreement is amended by adding the following at the end of such Subsection 6.1.1 (Delivery of Quarterly Financial Statements): “Beginning with the quarter ending September 30, 2008, at the time of the delivery of the quarterly financial statements referred to above, the Borrower shall also deliver (as to all periods commencing on or after July 1, 2008), a management-prepared Consolidating balance sheet, statement of income and changes in retained earnings and statement of cash flows, showing separately the results of operations and financial condition of each Foreign Subsidiary and the results of operations and financial condition of the U.S. Subsidiaries as a separate group, except that (1) the U.S. Subsidiaries shall include the Borrower and (2) the French and Swiss Subsidiaries may be shown as a combined group.”
Delivery of Quarterly Financial Statements. The Company shall deliver to each Investor holding at least two million (2,000,000) shares of Registrable Securities (subject to appropriate adjustment for any Recapitalization), as soon as practicable, but in any event within forty-five (45) days after the end of each of the first three (3) quarters of each fiscal year of the Company, an unaudited profit or loss statement, schedule as to the sources and application of funds for such fiscal quarter and an unaudited balance sheet as of the end of such fiscal quarter.
