Financial Information; Financial Condition. All balance sheets, all statements of operations, of shareholders’ equity and of cash flow, and other financial data (other than projections) which have been or shall hereafter be furnished by the Issuer to the Indenture Trustee and the Rating Agencies pursuant to Section 8.3 have been and will be prepared in accordance with GAAP (to the extent applicable) and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby, subject, in the case of all unaudited statements, to normal year-end adjustments and lack of footnotes and presentation items.
Financial Information; Financial Condition. All balance sheets, all statements of operations, of shareholders' equity and of cash flow, and other financial data (other than projections) which have been or shall hereafter be furnished to the Lessor, the Lender or the Trustee for the purposes of or in connection with this Agreement or the Related Documents have been and will be prepared in accordance with GAAP and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby. Such financial data include the following financial statements and reports which have been furnished to the Lessor and the Trustee on or prior to such Closing Date:
(i) the audited consolidated financial statements consisting of a statement of financial position of the Guarantor and its Consolidated Subsidiaries as of December 31, 1996 and as to the Predecessor Companies as of December 31, 1995, and the related statements of operations, stockholder's equity and cash flows of the Guarantor and its Consolidated Subsidiaries for the period October 17, 1996 (Date of Acquisition) to December 31, 1996 and, as to the Predecessor Companies, the related statements of operations, stockholder's equity and cash flows for each of the two years in the period ended December 31, 1995 and the period January 1, 1996 to October 16, 1996;
(ii) the unaudited condensed consolidated financial statements consisting of a statement of financial position of the Guarantor and its Consolidated Subsidiaries as of March 31, 1997, and the related statements of operations, stockholder's equity and cash flows of the Guarantor and its Consolidated Subsidiaries for the three months ended March 31, 1997 and, as to the Predecessor Companies, the related statements of operations, stockholder's equity and cash flows for the three months ended March 31, 1996; and
(iii) the unaudited pro forma consolidated financial statements consisting of a statement of financial position of the Guarantor and its Consolidated Subsidiaries as of March 31, 1997, and the related statements of operations of the Guarantor and its Consolidated Subsidiaries for the year ended December 31, 1996 and for the three months ended March 31, 1997, and such pro forma consolidated financial statements present fairly the information shown therein, have been prepared in accordance with the Securities and Exchange Commission's rules and guidelines with respect to pro forma financial statements and hav...
Financial Information; Financial Condition. All balance sheets, all statements of operations, of shareholders’ equity and of cash flow, and other financial data which have been or shall hereafter be furnished to the Lessor or the Trustee for the purposes of or in connection with this Lease or the Related Documents have been and will be prepared in accordance with GAAP and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby.
Financial Information; Financial Condition. All balance sheets, all statements of operations, of shareholders’ equity and of cash flow, and other financial data (other than projections) which have been or shall hereafter be furnished to the Lessor, the Lender or the Trustee for the purposes of or in connection with this Agreement or the Related Documents have been and will be prepared in accordance with GAAP applied on a consistent basis and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby. Such financial data include the following financial statements and reports which have been furnished to the Lessor and the Trustee on or prior to the date hereof:
(i) the audited consolidated financial statements consisting of a statement of financial position of the Finance Lease Guarantor and its Consolidated Subsidiaries as of December 31, 2003, and the related statements of operations, stockholder’s equity and cash flows of the Finance Lease Guarantor and its Consolidated Subsidiaries for the three-year period ended December 31, 2003; and
(ii) the unaudited condensed consolidated financial statements consisting of a statement of financial position of the Finance Lease Guarantor and its Consolidated Subsidiaries as of March 31, 2004, and the related statements of operations, stockholder’s equity and cash flows of the Finance Lease Guarantor and its Consolidated Subsidiaries for the three months ended March 31, 2004.
Financial Information; Financial Condition. All balance sheets and all statements of operations, of shareholders' equity and of changes in financial position, and other financial data (other than projections) which have been or shall hereafter be furnished to Lenders by or on behalf of Borrower for the purposes of or in connection with this Agreement, the Related Documents or the Related Transactions (including the financial information referred to below, except for the projections referred to in CLAUSES (c) and (d) below) and the notes thereto, except as disclosed in the notes to such financial statements, have been and will be prepared in accordance with GAAP consistently applied throughout the periods involved and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby (subject, in the case of interim financial statements, to normal recurring year-end adjustments and the absence of footnotes). All projections (including, without limitation, the projections described in CLAUSES (c) and (d) below) which have been or shall be furnished to Lenders for purposes of or in connection with this Agreement, the Related Documents or the Related Transactions have represented and will, when delivered to Lenders, represent management's best estimates of future performance, based upon historical financial information and reasonable assumptions of management. Such financial data includes, without limitation, the following financial statements and reports which have been furnished to Agent or Lenders on or prior to the date hereof:
(a) the audited balance sheet of Borrower as of December 31, 1998, and the related audited statements of earnings, shareholders' equity, cash flow and changes in financial position of Borrower on a consolidated basis for the year ending on such date (the "FINANCIALS");
(b) the balance sheet of Borrower and HZ Sub on a consolidated basis as of March 31, 1999 and the related statements of income and cash flow of Borrower and HZ Sub on a consolidated basis for the 3 month period ending on such date;
(c) the pro forma balance sheet of Borrower and HZ Sub on a consolidated basis as of March 31, 1999 after giving effect to all Related Transactions (the "PRO FORMA");
(d) the projected balance sheets and projected statements of earnings and cash flow for Borrower on a consolidated basis for each Fiscal Quarter from the Closing Date through December, 2001 and for each Fiscal Year throu...
Financial Information; Financial Condition. All balance sheets, all statements of operations, of shareholders' equity and of cash flow, and other financial data which have been or shall hereafter be furnished to the Lessor or the Trustee for the purposes of or in connection with this Agreement or the Related Documents have been and will be prepared in accordance with GAAP and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby and that there has been no material change in the financial condition or results of operation since the respective dates of such balance sheets, statements and other financial data. Such financial data include the following financial statements and reports which have been furnished to the Lessor and the Trustee on or prior to such Closing Date:
(a) the audited balance sheet of the Guarantor and each Lessee as of December 31, 1996 and the related statements of operations, stockholders' equity and cash flows for the fiscal year ending on such date; and
(b) the unaudited balance sheets of the Guarantor and each Lessee and statement of operations, accompanied by an Officer's Certificate verifying the accuracy and completeness thereof signed by an Authorized Officer of the Guarantor and the Lessee, for the _______ month period ending _____________, 1997.
Financial Information; Financial Condition. All financial statements (including the notes thereto) referred to in the following sentence and hereafter furnished to the Group IV Lessor, the Master Collateral Agent or the Trustee pursuant to SECTION 24.6 hereof have been and will be prepared in accordance with GAAP and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby, subject, in the case of all unaudited statements, to normal year-end adjustments and lack of footnotes and other presentation items. Such financial statements include the historical consolidated balance sheet of the Guarantor and its Consolidated Subsidiaries as of December 31, 2001 and the related statements of income, changes in stockholders' equity and cash flow as of and for the fiscal year ending on such date, which have been furnished to the Group IV Lessor and the Trustee on or prior to the date hereof.
Financial Information; Financial Condition. All reports, certificates, information or other materials which have been or shall hereafter be furnished by such Issuer to the Trustee, any Financial Insurance Provider and the Rating Agencies pursuant to Section 4.1 do and will, to the extent applicable, present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby.
Financial Information; Financial Condition. All financial statements (including the notes thereto) referred to in the following sentence and hereafter furnished to the Lessor, the Master Collateral Agent or the Trustee pursuant to Section 24.6 have been and will be prepared in accordance with GAAP and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby, subject, in the case of all unaudited statements, to normal year-end adjustments and lack of footnotes and other presentation items. Such financial statements are (i) the condensed consolidated financial statements (unaudited) of the Guarantor and its Consolidated Subsidiaries as of and for the nine months ended September 30, 2004 and the related statements of income, changes in stockholders’ equity and cash flow as of and for the nine months ended September 30, 2004, and (ii) the consolidated financial statements (as restated) of the Guarantor and its Consolidated Subsidiaries as of December 31, 2003 and for the period from October 1, 2003 to December 31, 2003 and the related statements of income, changes in stockholders equity and cash flow as of December 31, 2003 and for the period from October 1, 2003 to December 31, 2003, which (in the case of clause (i) and (ii) above) have been furnished to the Lessor and the Trustee on or prior to the date hereof.
Financial Information; Financial Condition. All balance sheets, all statements of operations, of shareholders' equity and of cash flow, and other financial data (other than projections) which have been or shall hereafter be furnished by ARG to the Trustee pursuant to Section 8.3 have been and will be prepared in accordance with GAAP applied on a consistent basis (to the extent applicable) and do and will present fairly the financial condition of the entities involved as of the dates thereof and the results of their operations for the periods covered thereby, subject, in the case of all unaudited statements, to normal year-end adjustments and lack of footnotes and presentation items.
