Common use of Delivery of Quarterly Financial Statements Clause in Contracts

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 Agent (for further distribution to the Lenders and the Banking Services Providers) a management-prepared balance sheet, statement of incomeincome and changes in retained earnings, and statement of cash flows of the Borrower and its Subsidiaries on a Consolidated and condensed consolidating Consolidating basis in each case, and broken down by location and Product Group 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 Chief Executive Officer or chief financial officer 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, Subsidiaries as at the date and for the period specified (subject to normal recurring year year-end audit adjustments), it being understood that footnotes may be omitted. Together with the financial statements delivered pursuant to this Subsection 6.1.25.1.2, the Borrower shall deliver a side-by-side comparison of quarterly results with quarterly budgets, including a narrative by the chief executive officer Chief Executive Officer or chief financial officer 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 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-forty five (45) days after the close of each of the first three (3) quarters of each fiscal year of the BorrowerParent and its Subsidiaries, the Borrower shall deliver to the Agent (for further distribution to the Lenders and the Banking Services Providers) a management-prepared Consolidated balance sheet, statement of incomeincome and changes in retained earnings, and statement of cash flows of the Borrower Parent 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, each certified by the chief executive officer a Financial Officer of Parent 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 Parent and its Subsidiaries, as applicable, Subsidiaries as at the date and for the period specified (subject to normal recurring year 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 The Borrower shall also deliver a narrative by management-prepared Consolidating balance sheet, statement of income and changes in retained earnings and statement of cash flows, showing separately the chief executive officer or chief results of operations and financial officer condition of (i) the Borrower explaining variances to budget U.S. Subsidiaries (including the Borrower), taken as a separate group (but excluding any Ventures), (ii) the Foreign Subsidiaries, taken as a separate group, and variances to (iii) the prior year period; providedVentures, howeverif any, that to the extent that the Borrower shall have delivered to the Agent (for further distribution to the Lenders and the Banking Services Providers) taken as a Quarterly Report on Form 10-Q, such delivery shall be deemed to satisfy the requirements of this Subsection 6.1.2separate group.

Delivery of Quarterly Financial Statements. As soon as practicable and in any event within forty-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 Consolidated balance sheet, statement of incomeincome and changes in retained earnings, and statement of cash flows of Parent, 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, each certified by the chief executive officer or chief financial officer a 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 Parent, the Borrower and its Subsidiaries, as applicable, Subsidiaries as at the date and for the period specified (subject to normal recurring year 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 The Borrower shall also deliver a narrative by management-prepared Consolidating balance sheet, statement of income and changes in retained earnings and statement of cash flows, showing separately the chief executive officer or chief results of operations and financial officer condition of (i) the Borrower explaining variances to budget Domestic Subsidiaries including the Borrower, taken as a separate group, (ii) the Foreign Subsidiaries, taken as a separate group, and variances to (iii) the prior year period; providedNon-Guarantor Ventures, howeverif any, that to the extent that the Borrower shall have delivered to the Agent (for further distribution to the Lenders and the Banking Services Providers) taken as a Quarterly Report on Form 10-Q, such delivery shall be deemed to satisfy the requirements of this Subsection 6.1.2separate group.

Delivery of Quarterly Financial Statements. As soon as practicable and in any event within forty-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 Consolidated balance sheet, statement of incomeincome and changes in retained earnings, and statement of cash flows of Parent, 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, each certified by the chief executive officer or chief financial officer a 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 Parent, the Borrower and its Subsidiaries, as applicable, Subsidiaries as at the date and for the period specified (subject to normal recurring year 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 The Borrower shall also deliver a narrative by management-prepared Consolidating balance sheet, statement of income and changes in retained earnings and statement of cash flows, showing separately the chief executive officer or chief results of operations and financial officer condition of (i) the Borrower explaining variances to budget Domestic Subsidiaries including the Borrower, taken as a separate group (but excluding any Non-Guarantor Ventures), (ii) the Foreign Subsidiaries, taken as a separate group, and variances to (iii) the prior year period; providedNon-Guarantor Ventures, howeverif any, that to the extent that the Borrower shall have delivered to the Agent (for further distribution to the Lenders and the Banking Services Providers) taken as a Quarterly Report on Form 10-Q, such delivery shall be deemed to satisfy the requirements of this Subsection 6.1.2separate group.