Financial Certificates; Information. The Borrower will deliver to the Administrative Agent: (i) Quarterly Financials: within two (2) Business Days after the date on which the Borrower files or is required to file its Form 10-Q under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-Q under the Exchange Act, within 45 days after the end of each of the first 3 fiscal quarters of each Fiscal Year), (A) the consolidated balance sheets of the Borrower as at the end of such fiscal quarter and the related consolidated statements of income of the Borrower for such fiscal quarter for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter and cash flows of such Person for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter, setting forth in each case in comparative form the corresponding figures from the corresponding dates and periods of the previous Fiscal Year, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Controller, Chief Executive Officer or Treasurer of the Borrower that they fairly present in all material respects the consolidated financial condition of such Person as at the dates indicated and the results of its operations and its cash flows for the periods indicated, and (B) a narrative report describing the operations of the Borrower in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter; provided that delivery of the Borrower's Form 10-Q for such fiscal quarter shall be deemed to satisfy all of the requirements of this clause (i); provided, further, that in lieu of delivering a hard copy of Form 10-Q hereunder, the Borrower may transmit an electronic copy of such document; (ii) Monthly Reporting: commencing with the month ending May 31, 2006, within 45 days after the end of each calendar month, the consolidated balance sheets of the Borrower as at the end of such month and the related consolidated statements of income of the Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such month and cash flows of the Borrower for the period from the beginning of the then current Fiscal Year to the end of such calendar month, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Chief Executive Officer, Controller or Treasurer of the Borrower that they fairly present in all material respects the consolidated financial condition of the Borrower at the dates indicated and the results of its operations and its cash flows for the periods indicated; (iii) Year-End Financials: within two (2) Business Days after the date on which the Borrower files or is required to file its Form 10-K under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-K under the Exchange Act, within 90 days after the end of each Fiscal Year), (A) the consolidated balance sheets of the Borrower at the end of such Fiscal Year and the related consolidated statements of income, stockholders' equity and cash flows of the Borrower for such Fiscal Year, setting forth in each case in comparative form the corresponding figures for the previous Fiscal Year and the corresponding figures from the annual financial plan delivered pursuant to clause (ix) of this Section 5.1(b) for the Fiscal Year covered by such financial statements of the Borrower, all in reasonable detail, and certified by the Chief Financial Officer or the Chief Executive Officer of the Borrower that they fairly present in all material respects the consolidated financial condition of the Borrower as at the date indicated and the results of its operations and its cash flows for the periods indicated, (B) a narrative report describing the operations of the Borrower in the form prepared for presentation to senior management for such Fiscal Year, and (C) an accountant's report thereon of KPMG LLP or other independent certified public accountants of recognized national standing selected by the Borrower, which report (1) shall be unqualified as to scope, (2) shall not contain a going concern qualification, and (3) shall state that such consolidated financial statements fairly present the consolidated financial position of the Borrower as at the dates indicated and the results of their operations and their cash flows for the periods indicated in conformity with GAAP applied on a basis consistent with prior years, and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards; provided that (x) references in such report to changes in GAAP, changes in accounting standards, highlighting contents of footnotes, limitations in the scope of the audit or exclusions from the audit information not required by GAAP that are, in each case, customary in industry practice and not prejudicial to the opinion stated therein shall not be deemed to be "qualifications" for the purpose of clause (C) of this Section 5.1(b)(iii) and (y) delivery of the Borrower's Form 10-K for such Fiscal Year, and which satisfy the requirements of clause (C) above, shall be deemed to satisfy the requirements of this Section 5.1(b)(iii); provided, further, that in lieu of delivering a hard copy of Form 10-K hereunder, the Borrower may transmit an electronic copy of such document;
Appears in 2 contracts
Samples: Loan Agreement (Us Airways Inc), Loan Agreement (Us Airways Group Inc)
Financial Certificates; Information. The Borrower Holdings will deliver to the Administrative Agent:Agent (provided, that in the case of a Permitted Holder Acquisition, the provisions of clauses (i), (ii) and (iii) below will apply to the Permitted Holder in the same manner as such sections apply to Holdings):
(i) Quarterly Financials: within two (2) Business Days after the date on which the Borrower Holdings files or is required to file its Form 10-Q under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower Holdings is not required to file a Form 10-Q under the Exchange Act, within 45 days after the end of each of the first 3 fiscal quarters of each Fiscal Year), (A) the consolidated balance sheets of the Borrower Holdings as at the end of such fiscal quarter and the related consolidated statements of income of the Borrower Holdings for such fiscal quarter for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter and cash flows of such Person for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter, setting forth in each case in comparative form the corresponding figures from the corresponding dates and periods of the previous Fiscal Year, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Controller, Chief Executive Officer or Treasurer of the Borrower Holdings that they fairly present in all material respects the consolidated financial condition of such Person as at the dates indicated and the results of its operations and its cash flows for the periods indicated, and (B) a narrative report describing the operations of the Borrower Holdings in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter; provided that delivery the filing with the SEC of the Borrower's Holdings’ Form 10-Q for such fiscal quarter shall be deemed to satisfy all of the requirements of this clause (iSection 5.1(b)(i); provided, further, that in lieu of delivering a hard copy of Form 10-Q hereunder, the Borrower may transmit an electronic copy of such document;
(ii) Monthly Reporting: commencing with the month ending May 31, 2006, within 45 days after the end of each calendar month, the consolidated balance sheets of the Borrower as at the end of such month and the related consolidated statements of income of the Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such month and cash flows of the Borrower for the period from the beginning of the then current Fiscal Year to the end of such calendar month, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Chief Executive Officer, Controller or Treasurer of the Borrower that they fairly present in all material respects the consolidated financial condition of the Borrower at the dates indicated and the results of its operations and its cash flows for the periods indicated;
(iii) Year-End Financials: within two (2) Business Days after the date on which the Borrower Holdings files or is required to file its Form 10-K under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower Holdings is not required to file a Form 10-K under the Exchange Act, within 90 days after the end of each Fiscal Year), (A) the consolidated balance sheets sheet of the Borrower Holdings at the end of such Fiscal Year and the related consolidated statements of income, stockholders' ’ equity and cash flows of the Borrower Holdings for such Fiscal Year, setting forth in each case in comparative form the corresponding figures for the previous Fiscal Year and the corresponding figures from the annual financial plan delivered pursuant to clause (ix) of this Section 5.1(b) for the Fiscal Year covered by such financial statements of the BorrowerYear, all in reasonable detail, and certified by the Chief Financial Officer or the Chief Executive Officer of the Borrower Holdings that they fairly present in all material respects the consolidated financial condition of the Borrower Holdings as at the date indicated and the results of its operations and its cash flows for the periods indicated, (B) a narrative report describing the operations of the Borrower Holdings in the form prepared for presentation to senior management for such Fiscal Year, and (C) an accountant's ’s report thereon of KPMG LLP or other independent certified public accountants of recognized national standing selected by the BorrowerHoldings, which report (1) shall be unqualified as to scope, (2) shall not contain a going concern qualification, and (3) shall state that such consolidated financial statements fairly present the consolidated financial position of the Borrower Holdings as at the dates indicated and the results of their operations and their cash flows for the periods indicated in conformity with GAAP applied on a basis consistent with prior years, and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards; provided that (x) references in such report to changes in GAAP, changes in accounting standards, highlighting contents of footnotes, limitations in the scope of the audit or exclusions from the audit information not required by GAAP that are, in each case, customary in industry practice and not prejudicial to the opinion stated therein shall not be deemed to be "“qualifications" ” for the purpose of clause (C) of this Section 5.1(b)(iii5.1(b)(ii) and (y) the foregoing delivery requirement of this Section 5.1(b)(ii) shall be satisfied if Borrower shall have filed with the Borrower's SEC its Form 10-K for such Fiscal Year, Year and which satisfy such Form 10-K satisfies the requirements of clause (C) above, shall be deemed to satisfy the requirements of this Section 5.1(b)(iii); provided, further, that in lieu of delivering a hard copy of Form 10-K hereunder, the Borrower may transmit an electronic copy of such document;
Appears in 1 contract
Samples: Loan Agreement (Us Airways Inc)
Financial Certificates; Information. The Borrower will deliver to the Administrative Agent, the Lenders, the Loan Administrator and the Board:
(i) Quarterly Financials: as soon as available and in any event within two (2) Business Days after the date on which the Borrower files or such Person is required to file its Form 10-Q under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-Q under the Exchange Act, within 45 days after the end of each of the first 3 fiscal quarters of each Fiscal Year), (A) the consolidated balance sheets of each of the Borrower and Group as at the end of such fiscal quarter and the related consolidated statements of income of the Borrower each such Person for such fiscal quarter for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter and cash flows of each such Person for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter, setting forth in each case in comparative form the corresponding figures from the corresponding dates and periods of the previous Fiscal Year, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Controller, Chief Executive Officer or Treasurer of the Borrower such Person that they fairly present in all material respects the consolidated financial condition of such Person as at the dates indicated and the results of its operations and its cash flows for the periods indicated, indicated and (B) a narrative report describing the operations of the Borrower such Person in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter; provided that delivery of the Borrowersuch Person's Form 10-Q for such fiscal quarter shall be deemed to satisfy all of the requirements of this clause (i); provided, further, that in lieu of delivering a hard copy of Form 10-Q hereunder, the Borrower may transmit an electronic copy of such document;
(ii) Monthly Reporting: commencing with the month ending May 31, 2006, within 45 days after the end of each calendar month, the consolidated balance sheets of the Borrower as at the end of such month and the related consolidated statements of income of the Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such month and cash flows of the Borrower for the period from the beginning of the then current Fiscal Year to the end of such calendar month, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Chief Executive Officer, Controller or Treasurer of the Borrower that they fairly present in all material respects the consolidated financial condition of the Borrower at the dates indicated and the results of its operations and its cash flows for the periods indicated;
(iii) Year-End Financials: within two (2) Business Days after the date on which the Borrower files or is required to file its Form 10-K under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-K under the Exchange Act, within 90 days after the end of each Fiscal Year), (A) the consolidated balance sheets of the Borrower at the end of such Fiscal Year and the related consolidated statements of income, stockholders' equity and cash flows of the Borrower for such Fiscal Year, setting forth in each case in comparative form the corresponding figures for the previous Fiscal Year and the corresponding figures from the annual financial plan delivered pursuant to clause (ix) of this Section 5.1(b) for the Fiscal Year covered by such financial statements of the Borrower, all in reasonable detail, and certified by the Chief Financial Officer or the Chief Executive Officer of the Borrower that they fairly present in all material respects the consolidated financial condition of the Borrower as at the date indicated and the results of its operations and its cash flows for the periods indicated, (B) a narrative report describing the operations of the Borrower in the form prepared for presentation to senior management for such Fiscal Year, and (C) an accountant's report thereon of KPMG LLP or other independent certified public accountants of recognized national standing selected by the Borrower, which report (1) shall be unqualified as to scope, (2) shall not contain a going concern qualification, and (3) shall state that such consolidated financial statements fairly present the consolidated financial position of the Borrower as at the dates indicated and the results of their operations and their cash flows for the periods indicated in conformity with GAAP applied on a basis consistent with prior years, and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards; provided that (x) references in such report to changes in GAAP, changes in accounting standards, highlighting contents of footnotes, limitations in the scope of the audit or exclusions from the audit information not required by GAAP that are, in each case, customary in industry practice and not prejudicial to the opinion stated therein shall not be deemed to be "qualifications" for the purpose of clause (C) of this Section 5.1(b)(iii) and (y) delivery of the Borrower's Form 10-K for such Fiscal Year, and which satisfy the requirements of clause (C) above, shall be deemed to satisfy the requirements of this Section 5.1(b)(iii); provided, further, that in lieu of delivering a hard copy of Form 10-K hereunder, the Borrower may transmit an electronic copy of such document;
Appears in 1 contract
Samples: Loan Agreement (Us Airways Inc)
Financial Certificates; Information. The Borrower Group will deliver to the Administrative Agent, [the Lenders6], the Loan Administrator and the Board:
(i) Quarterly Financials: within two (2) Business Days after the date on which the Borrower a Reporting Obligor files or is required to file its Form 10-Q under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-Q under the Exchange Act, within 45 days after the end of each of the first 3 fiscal quarters of each Fiscal Year), (A) the consolidated balance sheets of the Borrower such Person as at the end of such fiscal quarter and the related consolidated statements of income of the Borrower such Person for such fiscal quarter for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter and cash flows of such Person for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter, setting forth in each case in comparative form the corresponding figures from the corresponding dates and periods of the previous Fiscal Year, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Controller, Chief Executive Officer or Treasurer of the Borrower such Person that they fairly present in all material respects the consolidated financial condition of such Person as at the dates indicated and the results of its operations and its cash flows for the periods indicated, and (B) a narrative report describing the operations of the Borrower such Person in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter; provided that delivery of the Borrowersuch Person's Form 10-Q for such fiscal quarter shall be deemed to satisfy all of the requirements of this clause (i); provided, further, that in lieu of delivering a hard copy of Form 10-Q hereunder, the Borrower Group may transmit by e-mail an electronic copy of such document;
(ii) Monthly Reporting: commencing with the month ending May 31, 2006, within 45 days after the end of each calendar month, the consolidated balance sheets of the Borrower as at the end of such month and the related consolidated statements of income of the Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year document or a link to the end of such month and cash flows of the Borrower for the period from the beginning of the then current Fiscal Year to the end of such calendar month, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Chief Executive Officer, Controller or Treasurer of the Borrower that they fairly present in all material respects the consolidated financial condition of the Borrower at the dates indicated and the results of its operations and its cash flows for the periods indicated;
(iii) Year-End Financials: within two (2) Business Days after the date on which the Borrower files or is required to file its Form 10-K under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-K under the Exchange Act, within 90 days after the end of each Fiscal Year), (A) the consolidated balance sheets of the Borrower at the end of such Fiscal Year and the related consolidated statements of income, stockholders' equity and cash flows of the Borrower for such Fiscal Year, setting forth in each case in comparative form the corresponding figures for the previous Fiscal Year and the corresponding figures from the annual financial plan delivered pursuant to clause (ix) of this Section 5.1(b) for the Fiscal Year covered by such financial statements of the Borrower, all in reasonable detail, and certified by the Chief Financial Officer or the Chief Executive Officer of the Borrower that they fairly present in all material respects the consolidated financial condition of the Borrower as at the date indicated and the results of its operations and its cash flows for the periods indicated, (B) a narrative report describing the operations of the Borrower in the form prepared for presentation to senior management for such Fiscal Year, and (C) an accountant's report thereon of KPMG LLP or other independent certified public accountants of recognized national standing selected by the Borrower, which report (1) shall be unqualified as to scope, (2) shall not contain a going concern qualification, and (3) shall state that such consolidated financial statements fairly present the consolidated financial position of the Borrower as at the dates indicated and the results of their operations and their cash flows for the periods indicated in conformity with GAAP applied on a basis consistent with prior years, and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards; provided that (x) references in such report to changes in GAAP, changes in accounting standards, highlighting contents of footnotes, limitations in the scope of the audit or exclusions from the audit information not required by GAAP that are, in each case, customary in industry practice and not prejudicial to the opinion stated therein shall not be deemed to be "qualifications" for the purpose of clause (C) of this Section 5.1(b)(iii) and (y) delivery of the Borrower's Form 10-K for such Fiscal Year, and which satisfy the requirements of clause (C) above, shall be deemed to satisfy the requirements of this Section 5.1(b)(iii); provided, further, that in lieu of delivering a hard copy of Form 10-K hereunder, the Borrower may transmit an electronic copy of such documentdocument on the EDGAR database (or a comparable service) or an Obligor's websxxx;
Appears in 1 contract
Financial Certificates; Information. The Borrower Group will deliver to the Administrative Agent, [each Lender(4)], each Counter-Guarantor, the Loan Administrator and the Board:
(i) Quarterly Financials: within two (2) Business Days after the date on which the Borrower a Reporting Obligor files or is required to file its Form 10-Q under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-Q under the Exchange Act, within 45 days after the end of each of the first 3 fiscal quarters of each Fiscal Year), (A) the consolidated balance sheets of the Borrower such Person as at the end of such fiscal quarter and the related consolidated statements of income of the Borrower such Person for such fiscal quarter for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter and cash flows of such Person for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter, setting forth in each case in comparative form the corresponding figures from the corresponding dates and periods of the previous Fiscal Year, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Controller, Chief Executive Officer or Treasurer of the Borrower such Person that they fairly present in all material respects the consolidated financial condition of such Person as at the dates indicated and the results of its operations and its cash flows for the periods indicated, and (B) a narrative report describing the operations of the Borrower such Person in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current Fiscal Year to the end of such fiscal quarter; provided that delivery of the Borrowersuch Person's Form 10-Q for such fiscal quarter shall be deemed to satisfy all of the requirements of this clause (i); provided, further, that in lieu of delivering a hard copy of Form 10-Q hereunder, the Borrower Group may transmit by e-mail an electronic copy of such documentdocument or a link to an electronic copy of such document on the EDGAR database (or a comparable service) or an Obligor's websxxx;
(ii) Monthly Reporting: commencing with the month ending May 31, 2006, within 45 days after the end of each of the first twenty-four (24) calendar monthmonths following the Effective Date, the consolidated balance sheets of the Borrower each Reporting Obligor as at the end of such month and the related consolidated statements of income of the Borrower such Person for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such month and cash flows of the Borrower each such Person for the period from the beginning of the then current Fiscal Year to the end of such calendar month, and together therewith, a statement of the Adjusted Cash Amount as of the last Business Day of such calendar month, all prepared in accordance with GAAP (except that any unaudited financial statements are subject to normal year-end adjustments and may not be accompanied by footnotes) and in reasonable detail and certified by the Chief Financial Officer, Chief Executive Officer, Controller or Treasurer of the Borrower such Person that they fairly present in all material respects the consolidated financial condition of the Borrower such Person as at the dates indicated and the results of its operations and its cash flows for the periods indicated;
(iii) Year-End Financials: within two (2) Business Days after the date on which the Borrower a Reporting Obligor files or is required to file its Form 10-K under the Exchange Act (after giving effect to any extension pursuant to Rule 12b-25 under the Exchange Act (or any successor rule)) (or, if the Borrower is not required to file a Form 10-K under the Exchange Act, within 90 days after the end of each Fiscal Year), (A) the consolidated balance sheets of the Borrower such Person at the end of such Fiscal Year and the related consolidated statements of income, stockholders' equity and cash flows of the Borrower such Person for such Fiscal Year, setting forth in each case in comparative form the corresponding figures for the previous Fiscal Year and the corresponding figures from the annual financial plan delivered pursuant to clause (ix) of this Section 5.1(b) for the Fiscal Year covered by such financial statements of the Borrowersuch Person, all in reasonable detail, and certified by the Chief Financial Officer or the Chief Executive Officer of the Borrower such Person that they fairly present in all material respects the consolidated financial condition of the Borrower such Person as at the date indicated and the results of its operations and its cash flows for the periods indicated, (B) a narrative report describing the operations of the Borrower such Person in the form prepared for presentation to senior management for such Fiscal Year, and (C) an accountant's report thereon of KPMG LLP or other independent certified public accountants of recognized national standing selected by the BorrowerBorrower or Group, as the case may be, which report (1) shall be unqualified as to scope, (2) shall not not, for each Fiscal Year commencing with the Fiscal Year ending December 31, 2006, contain a going concern qualification, and (3) shall state that such consolidated financial statements fairly present the consolidated financial position of the Borrower such Person as at the dates indicated and the results of their operations and their cash flows for the periods indicated in conformity with GAAP applied on a basis consistent with prior years, and that the examination by such accountants in connection with such consolidated financial statements has been made in accordance with generally accepted auditing standards; provided that (x) references in such report to changes in GAAP, changes in accounting standards, highlighting contents of footnotes, limitations in the scope of the audit or exclusions from the audit information not required by GAAP that are, in each case, customary in industry practice and not prejudicial to the opinion stated therein shall not be deemed to be "qualifications" for the purpose of clause (C) of this Section 5.1(b)(iii) and (y) delivery of the Borrowersuch Person's Form 10-K for such Fiscal Year, and which satisfy the requirements of clause (C) above, shall be deemed to satisfy the requirements of this Section 5.1(b)(iii); provided, further, that in lieu of delivering a hard copy of Form 10-K hereunder, the Borrower Group may transmit by e-mail an electronic copy of such documentdocument or a link to an electronic copy of such document on the EDGAR database (or a comparable service) or an Obligor's websxxx;
Appears in 1 contract