Common use of Dollar, Dollars, U Clause in Contracts

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money ----------------------------- of the United States of America. EBITDA for any period of determination shall mean (i) the sum of net ------ income, depreciation, amortization, other non-cash charges to net income, cash interest expense, income taxes paid, Xxxxxx Agreement Payments and non-recurring expenses which do not exceed in the aggregate during the period of determination $500,000 minus (ii) nonrecurring extraordinary income and non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP. Environmental Complaint shall mean any written complaint setting forth a ----------------------- cause of action for personal or property damage or natural resource damage or equitable relief, order, notice of violation, citation, request for information issued pursuant to any Environmental Laws by an Official Body, subpoena or other written notice of any type relating to, arising out of, or issued pursuant to, any of the Environmental Laws or any Environmental Conditions, as the case may be. Environmental Conditions shall mean any conditions of the environment, ------------------------ including the workplace, the ocean, natural resources (including flora or fauna), soil, surface water, groundwater, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by, the use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, emptying, discharging, injecting, escaping, leaching, disposal, dumping, threatened release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, any Property. Environmental Laws shall mean all federal, state, local and foreign Laws ------------------ and regulations, including permits, licenses, authorizations, bonds, orders, judgments, and consent decrees issued, or entered into, pursuant thereto, relating to pollution or protection of human health or the environment or employee safety in the workplace. ERISA shall mean the Employee Retirement Income Security Act of 1974, as ----- the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. 4 ERISA Group shall mean, at any time, the Borrower and all other entities ----------- which, together with the Borrower, are treated as a single employer under Section 414 of the Internal Revenue Code. (i) the rate of interest determined by the Agent in accordance with its usual procedures (which determination shall be conclusive absent manifest error) to be the average of the London interbank offered rates of interest per annum for Dollars set forth on Telerate display page 3750 or such other display page on the Telerate System as may replace such page to evidence the average of rates quoted by banks designated by the British Bankers' Association (or appropriate successor or, if the British Bankers' Association or its successor ceases to provide such quotes, a comparable replacement determined by the Agent), two (2) Business Days prior to the first day of such Interest Period for an amount comparable to such Borrowing Tranche and having a borrowing date and a maturity comparable to such Interest Period by (ii) a number equal to 1.00 minus the Euro-Rate Reserve Percentage. The Euro-Rate may also be expressed by the following formula: Euro-Rate =Telerate page 3750 quoted by British Bankers' Association or appropriate successor ------------------------------------ 1.00 - Euro-Rate Reserve Percentage The Euro-Rate shall be adjusted with respect to any Euro-Rate Option outstanding on the effective date of any change in the Euro-Rate Reserve Percentage as of such effective date. The Agent shall give prompt notice to the Borrower of the Euro-Rate as determined or adjusted in accordance herewith, which determination shall be conclusive absent manifest error. Euro-Rate Reserve Percentage shall mean the maximum percentage ---------------------------- (expressed as a decimal rounded upward to the nearest 1/100 of 1%) as determined by the Agent which is in effect during any relevant period, as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the reserve requirements (including supplemental, marginal and emergency reserve requirements) with respect to eurocurrency funding (currently referred to as "Eurocurrency Liabilities") of a member bank in such System. Event of Default shall mean any of the events described in Section 8.1 ---------------- and referred to therein as an "Event of Default." Excess Cash Flow shall be computed as of the close of each fiscal year ---------------- by taking the difference between EBITDA for such fiscal year and Fixed Charges for such fiscal year. All determinations of Excess Cash Flow shall be based on the immediately preceding fiscal year and shall be made following the delivery by the Borrower to the Agent of the Borrower's audited financial statements for such preceding year.

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money ----------------------------- of the United States of America. EBITDA for any period of determination shall mean (i) the sum of net ------ income, depreciation, amortization, other non-cash charges to net income, cash interest expense, income taxes paid, Xxxxxx Agreement Payments and non-recurring expenses which do not exceed in the aggregate during the period of determination $500,000 minus (ii) nonrecurring extraordinary income and non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP. Environmental Complaint shall mean any written complaint setting forth a ----------------------- cause of action for personal or property damage or natural resource damage equitable relief or equitable reliefcivil penalties, order, notice of violation, citation, request for information issued pursuant to any Environmental Laws by an Official BodyLaws, subpoena or other written notice of any type relating to, arising out of, of or issued pursuant to, to any of the Environmental Laws or any Environmental Conditions, as the case may be. Environmental Conditions shall mean any conditions of the environment, ------------------------ including including, without limitation, the workplace, the ocean, natural resources (including flora or fauna), soil, surface water, groundwaterground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by, by the use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, emptying, discharging, injecting, escaping, leaching, disposal, dumping, threatened release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, any the Property. Environmental Laws shall mean all federal, state, local and foreign Laws ------------------ laws and regulations, including permits, licenses, authorizations, bonds, orders, judgments, and consent decrees issued, or entered into, pursuant thereto, relating to pollution or protection of human health or the environment or employee safety in the workplace. Equity Contribution shall mean (i) any cash payment by a Loan Party for the purchase of stock or other ownership interests, whether by direct purchase, merger or otherwise, of an Unrestricted Subsidiary or any other cash contribution by a Loan Party to the capital or equity of an Unrestricted Subsidiary; (ii) any loan made by a Loan Party to an Unrestricted Subsidiary or (iii) any Guaranty made or incurred by a Loan Party for the benefit of an Unrestricted Subsidiary relating to the payment of Indebtedness of such Unrestricted Subsidiary or relating to interest rate protection agreements entered into by such Unrestricted Subsidiary. The amount of an Equity Contribution made by a Loan Party shall be measured as the amount of such cash payment or contribution if the Equity Contribution is described in clause (i) above, the amount of such loan if the Equity Contribution is described in clause (ii) above, or the amount of the Indebtedness secured by such Guaranty if the Equity Contribution is described in clause (iii) above. ERISA shall mean the Employee Retirement Income Security Act of 1974, as ----- the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. 4 ERISA Group shall mean, at any time, the Borrower and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control and all other entities ----------- which, together with the Borrower, are treated as a single employer under Section 414 of the Internal Revenue Code. (i) the rate of interest determined by the Agent in accordance with its usual procedures (which determination shall be conclusive absent manifest error) to be the average of the London interbank offered rates of interest per annum for Dollars set forth on Telerate display page 3750 or such other display page on the Telerate System as may replace such page to evidence the average of rates quoted by banks designated by the British Bankers' Association (or appropriate successor or, if the British Bankers' Association or its successor ceases to provide such quotes, a comparable replacement determined by the Agent), two (2) Business Days prior to the first day of such Interest Period for an amount comparable to such Borrowing Tranche and having a borrowing date and a maturity comparable to such Interest Period by (ii) a number equal to 1.00 minus the Euro-Rate Reserve Percentage. The Euro-Rate may also be expressed by the following formula: Euro-Rate =Telerate page 3750 quoted by British Bankers' Association or appropriate successor ------------------------------------ 1.00 - Euro-Rate Reserve Percentage The Euro-Rate shall be adjusted with respect to any Euro-Rate Option outstanding on the effective date of any change in the Euro-Rate Reserve Percentage as of such effective date. The Agent shall give prompt notice to the Borrower of the Euro-Rate as determined or adjusted in accordance herewith, which determination shall be conclusive absent manifest error. Euro-Rate Reserve Percentage shall mean the maximum percentage ---------------------------- (expressed as a decimal rounded upward to the nearest 1/100 of 1%) as determined by the Agent which is in effect during any relevant period, as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the reserve requirements (including supplemental, marginal and emergency reserve requirements) with respect to eurocurrency funding (currently referred to as "Eurocurrency Liabilities") of a member bank in such System. Event of Default shall mean any of the events described in Section 8.1 ---------------- and referred to therein as an "Event of Default." Excess Cash Flow shall be computed as of the close of each fiscal year ---------------- by taking the difference between EBITDA for such fiscal year and Fixed Charges for such fiscal year. All determinations of Excess Cash Flow shall be based on the immediately preceding fiscal year and shall be made following the delivery by the Borrower to the Agent of the Borrower's audited financial statements for such preceding year.

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money ----------------------------- of the United States of America. EBITDA EBDA shall mean, for any period of determination shall mean determination, (i) the sum of net ------ ---- income, depreciation, amortization, other non-cash charges to net income, cash interest expense, income taxes paid, Xxxxxx Agreement Payments and (excluding any non-recurring expenses cash charges which do not exceed in the aggregate during the period of determination $500,000 require an accrual or reserve for cash charges for any future period), minus (ii) nonrecurring extraordinary income and non-cash credits to net income, in ----- each case of the Borrower and its Consolidated Subsidiaries for such period determined and consolidated in accordance with GAAP. Environmental Complaint shall mean any written complaint setting forth ----------------------- a ----------------------- cause of action for personal or property damage or natural resource damage or equitable reliefrelief arising under any Environmental Law, an order, notice of violation, citation, request for information issued pursuant to any Environmental Laws by an Official Body, a subpoena or other written notice of any type relating to, arising out of, or issued pursuant to, any of the Environmental Laws or to any Environmental Conditions, as the case may be. Environmental Conditions shall mean any conditions of the environment, ------------------------ including the workplace, the ocean, natural resources (including flora or fauna), soil, surface water, groundwater, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by, the use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, emptying, discharging, injecting, escaping, leaching, disposal, dumping, threatened release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, any PropertyLaw. Environmental Laws shall mean all federal, state, local and or foreign Laws ------------------ laws and regulations, including permits, licenses, authorizations, bonds, orders, judgments, and consent decrees issued, or entered into, pursuant thereto, relating to pollution or protection of human health or the environment or employee safety in the workplaceenvironment. ERISA shall mean the Employee Retirement Income Security Act of 1974, ----- as ----- the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. 4 ERISA Group shall mean, at any time, the Borrower and all other entities members of a ----------- which, together with the Borrower, are treated as a single employer under Section 414 of the Internal Revenue Code. (i) the rate of interest determined by the Agent in accordance with its usual procedures (which determination shall be conclusive absent manifest error) to be the average of the London interbank offered rates of interest per annum for Dollars set forth on Telerate display page 3750 or such other display page on the Telerate System as may replace such page to evidence the average of rates quoted by banks designated by the British Bankers' Association (or appropriate successor or, if the British Bankers' Association or its successor ceases to provide such quotes, a comparable replacement determined by the Agent), two (2) Business Days prior to the first day of such Interest Period for an amount comparable to such Borrowing Tranche and having a borrowing date and a maturity comparable to such Interest Period by (ii) a number equal to 1.00 minus the Euro-Rate Reserve PercentageControlled Group. The Euro-Rate may also be expressed by the following formula: Euro-Rate =Telerate page 3750 quoted by British Bankers' Association or appropriate successor ------------------------------------ 1.00 - Euro-Rate Reserve Percentage The Euro-Rate shall be adjusted with respect to any Euro-Rate Option outstanding on the effective date of any change in the Euro-Rate Reserve Percentage as of such effective date. The Agent shall give prompt notice to the Borrower of the Euro-Rate as determined or adjusted in accordance herewith, which determination shall be conclusive absent manifest error. Euro-Rate Reserve Percentage ESOP shall mean the maximum percentage ---------------------------- (expressed as a decimal rounded upward to the nearest 1/100 of 1%) as determined by the Agent which is in effect during any relevant period, as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the reserve requirements (including supplemental, marginal and emergency reserve requirements) with respect to eurocurrency funding (currently referred to as "Eurocurrency Liabilities") of a member bank in such Systeman employee stock ownership plan. Event of Default ---- Equity Offering shall mean any offering or placement of any equity --------------- securities of the events described in Section 8.1 ---------------- and referred Borrower excluding Class B Shares issued to therein as an "Event of Default." Excess Cash Flow shall be computed as employees of the close Borrower or any of each fiscal year ---------------- by taking its Subsidiaries under the difference between EBITDA for such fiscal year and Fixed Charges for such fiscal yearProfit-Sharing Trust, stock options, an ESOP or other employee stock arrangements or any equity securities given as consideration in connection with any investment or acquisition permitted under Sections 8.2 (h)(iii) or 8.2 (j)(iii). All determinations Equity Offering (Subsidiary) shall mean any offering or placement of Excess Cash Flow shall be based on the immediately preceding fiscal year and shall be made following the delivery by the Borrower to the Agent ---------------------------- any equity securities of any Subsidiary of the Borrower's audited financial statements for such preceding year.

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money ----------------------------- of the United States of America. Drawing Date shall have the meaning assigned to that term in Section 2.9.3.2. EBITDA for any period of determination shall mean (i) the sum of net ------ income, depreciation, amortization, other interest expense and income tax expense, plus (ii) non-recurring non-cash charges to net income, cash interest expense, income taxes paid, Xxxxxx Agreement Payments and minus (iii) non-recurring expenses which do not exceed in the aggregate during the period of determination $500,000 minus (ii) nonrecurring extraordinary income and recurring, non-cash credits to net income, in each case of the Borrower and its Subsidiaries for such period determined and consolidated in accordance with GAAP; provided that for any determination of EBITDA on or after the World Financial Sale, (1) EBITDA shall be adjusted to exclude from its calculation one time fees, expenses and charges to net income resulting from the World Financial Sale and the Tender Offer, and (2) EBITDA shall be adjusted to exclude from its calculation any one time gain or loss from the World Financial Sale and the Tender Offer. Environmental Complaint shall mean any written complaint by any Person or Official Body setting forth a ----------------------- cause of action for personal injury or property damage or damage, natural resource damage damage, contribution or indemnity for response costs, civil or administrative penalties, criminal fines or penalties, or declaratory or equitable relief, relief arising under any Environmental Laws or any order, notice of violation, citation, subpoena, request for information or other written notice or demand of any type issued by an Official Body pursuant to any Environmental Laws by an Official Body, subpoena or other written notice of any type relating to, arising out of, or issued pursuant to, any of the Environmental Laws or any Environmental Conditions, as the case may be. Environmental Conditions shall mean any conditions of the environment, ------------------------ including the workplace, the ocean, natural resources (including flora or fauna), soil, surface water, groundwater, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by, the use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, emptying, discharging, injecting, escaping, leaching, disposal, dumping, threatened release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, any PropertyLaws. Environmental Laws shall mean all federal, state, local and foreign Laws ------------------ and regulationsany consent decrees, including permitssettlement agreements, licenses, authorizations, bondsjudgments, orders, judgmentsdirectives, and consent decrees issued, policies or programs issued by or entered into, pursuant thereto, into with an Official Body pertaining or relating to to: (i) pollution or pollution control; (ii) protection of human health or the environment or environment; (iii) employee safety in the workplace. ERISA shall mean the Employee Retirement Income Security Act of 1974, as ----- the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. 4 ERISA Group shall mean, at any time, the Borrower and all other entities ----------- which, together with the Borrower, are treated as a single employer under Section 414 of the Internal Revenue Code. ; (iiv) the rate presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, transport, storage, collection, distribution, disposal or release or threat of interest determined by release of Regulated Substances; (v) the Agent in accordance with its usual procedures presence of Contamination; (which determination shall be conclusive absent manifest errorvi) to be the average protection of endangered or threatened species; and (vii) the London interbank offered rates protection of interest per annum for Dollars set forth on Telerate display page 3750 or such other display page on the Telerate System as may replace such page to evidence the average of rates quoted by banks designated by the British Bankers' Association (or appropriate successor or, if the British Bankers' Association or its successor ceases to provide such quotes, a comparable replacement determined by the Agent), two (2) Business Days prior to the first day of such Interest Period for an amount comparable to such Borrowing Tranche and having a borrowing date and a maturity comparable to such Interest Period by (ii) a number equal to 1.00 minus the Euro-Rate Reserve Percentage. The Euro-Rate may also be expressed by the following formula: Euro-Rate =Telerate page 3750 quoted by British Bankers' Association or appropriate successor ------------------------------------ 1.00 - Euro-Rate Reserve Percentage The Euro-Rate shall be adjusted with respect to any Euro-Rate Option outstanding on the effective date of any change in the Euro-Rate Reserve Percentage as of such effective date. The Agent shall give prompt notice to the Borrower of the Euro-Rate as determined or adjusted in accordance herewith, which determination shall be conclusive absent manifest error. Euro-Rate Reserve Percentage shall mean the maximum percentage ---------------------------- (expressed as a decimal rounded upward to the nearest 1/100 of 1%) as determined by the Agent which is in effect during any relevant period, as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the reserve requirements (including supplemental, marginal and emergency reserve requirements) with respect to eurocurrency funding (currently referred to as "Eurocurrency Liabilities") of a member bank in such System. Event of Default shall mean any of the events described in Section 8.1 ---------------- and referred to therein as an "Event of DefaultEnvironmentally Sensitive Areas." Excess Cash Flow shall be computed as of the close of each fiscal year ---------------- by taking the difference between EBITDA for such fiscal year and Fixed Charges for such fiscal year. All determinations of Excess Cash Flow shall be based on the immediately preceding fiscal year and shall be made following the delivery by the Borrower to the Agent of the Borrower's audited financial statements for such preceding year.

Dollar, Dollars, U. S. Dollars and the symbol $ shall mean lawful money ----------------------------- of the United States of America. Drawing Date shall have the meaning assigned to that term in Section 0. EBITDA for any period of determination shall mean (i) the sum net income plus (ii) non-cash extraordinary or non-cash unusual items not in excess of net ------ income, $1,000,000 in any consecutive four (4) fiscal quarters plus depreciation, amortization, other non-cash charges to net income, cash interest expense, expense and income taxes paid, Xxxxxx Agreement Payments and non-recurring expenses which do not exceed tax expense calculated in respect of the aggregate during the period of determination $500,000 minus prior four (ii4) nonrecurring extraordinary income and non-cash credits to net income, consecutive fiscal quarters in each case of the Borrower on a consolidated basis and its Subsidiaries for such period determined and consolidated in accordance with GAAPGAAP and (x) shall be calculated to include any business acquired in a Permitted Acquisition if either (1) the Borrower provides to the Banks audited financial statements of such business, acceptable to Required Banks, and such business (if it is a legal entity) becomes a Guarantor contemporaneously with such Permitted Acquisition or (2) Required Banks have consented to such inclusions and (y) shall be calculated to exclude any portion of the net earnings of any Subsidiary that is not a Guarantor or that, by reason of any contract or charter restriction or applicable law or regulation, is unavailable for payment of dividends to any Guarantor. Environmental Complaint shall mean any written complaint by any Person or Official Body setting forth a ----------------------- cause of action for personal injury or property damage or damage, natural resource damage damage, contribution or indemnity for response costs, civil or administrative penalties, criminal fines or penalties, or declaratory or equitable relief, relief arising under any Environmental Laws or any order, notice of violation, citation, subpoena, request for information or other written notice or demand of any type issued by an Official Body pursuant to any Environmental Laws by an Official Body, subpoena or other written notice of any type relating to, arising out of, or issued pursuant to, any of the Environmental Laws or any Environmental Conditions, as the case may be. Environmental Conditions shall mean any conditions of the environment, ------------------------ including the workplace, the ocean, natural resources (including flora or fauna), soil, surface water, groundwater, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by, the use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, emptying, discharging, injecting, escaping, leaching, disposal, dumping, threatened release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, any PropertyLaws. Environmental Laws shall mean all federal, state, local and foreign Laws ------------------ and regulationsany consent decrees, including permitssettlement agreements, licenses, authorizations, bondsjudgments, orders, judgmentsdirectives, and consent decrees issued, policies or programs issued by or entered into, pursuant thereto, into with an Official Body pertaining or relating to to: (i) pollution or pollution control; (ii) protection of human health or the environment or environment; (iii) employee safety in the workplace. ERISA shall mean the Employee Retirement Income Security Act of 1974, as ----- the same may be amended or supplemented from time to time, and any successor statute of similar import, and the rules and regulations thereunder, as from time to time in effect. 4 ERISA Group shall mean, at any time, the Borrower and all other entities ----------- which, together with the Borrower, are treated as a single employer under Section 414 of the Internal Revenue Code. ; (iiv) the rate presence, use, management, generation, manufacture, processing, extraction, treatment, recycling, refining, reclamation, labeling, transport, storage, collection, distribution, disposal or release or threat of interest determined by release of Regulated Substances; (v) the Agent in accordance with its usual procedures presence of Contamination; (which determination shall be conclusive absent manifest errorvi) to be the average protection of endangered or threatened species; and (vii) the London interbank offered rates protection of interest per annum for Dollars set forth on Telerate display page 3750 or such other display page on the Telerate System as may replace such page to evidence the average of rates quoted by banks designated by the British Bankers' Association (or appropriate successor or, if the British Bankers' Association or its successor ceases to provide such quotes, a comparable replacement determined by the Agent), two (2) Business Days prior to the first day of such Interest Period for an amount comparable to such Borrowing Tranche and having a borrowing date and a maturity comparable to such Interest Period by (ii) a number equal to 1.00 minus the Euro-Rate Reserve Percentage. The Euro-Rate may also be expressed by the following formula: Euro-Rate =Telerate page 3750 quoted by British Bankers' Association or appropriate successor ------------------------------------ 1.00 - Euro-Rate Reserve Percentage The Euro-Rate shall be adjusted with respect to any Euro-Rate Option outstanding on the effective date of any change in the Euro-Rate Reserve Percentage as of such effective date. The Agent shall give prompt notice to the Borrower of the Euro-Rate as determined or adjusted in accordance herewith, which determination shall be conclusive absent manifest error. Euro-Rate Reserve Percentage shall mean the maximum percentage ---------------------------- (expressed as a decimal rounded upward to the nearest 1/100 of 1%) as determined by the Agent which is in effect during any relevant period, as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the reserve requirements (including supplemental, marginal and emergency reserve requirements) with respect to eurocurrency funding (currently referred to as "Eurocurrency Liabilities") of a member bank in such System. Event of Default shall mean any of the events described in Section 8.1 ---------------- and referred to therein as an "Event of DefaultEnvironmentally Sensitive Areas." Excess Cash Flow shall be computed as of the close of each fiscal year ---------------- by taking the difference between EBITDA for such fiscal year and Fixed Charges for such fiscal year. All determinations of Excess Cash Flow shall be based on the immediately preceding fiscal year and shall be made following the delivery by the Borrower to the Agent of the Borrower's audited financial statements for such preceding year.