Financial Reports, Etc. 74 9.2. Maintain Properties............................................................................76 9.3. Existence, Qualification, Etc..................................................................76 9.4. Regulations and Taxes..........................................................................76 9.5. Insurance, Proceeds and Condemnation...........................................................76 9.6.
Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Agent and each Lender (i) a consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated statements of income, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing, with respect to the consolidated financial statements, opinions of Xxxxxx Xxxxxxxx LLP, or other such independent certified public accountants selected by the Borrower and approved by the Agent, which approval shall not be unreasonably withheld, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower and without any exception not acceptable to the Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(a) through 9.1(c), which certificate shall be in the form of EXHIBIT H;
Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Agent and each Lender (i) audited consolidated and unaudited, Borrower-prepared consolidating balance sheets of the Borrower and its Subsidiaries as at the end of such Fiscal Year, and the notes thereto (with respect to audited statements only), and the related audited consolidated and unaudited, Borrower-prepared consolidating statements of income and stockholders' equity and related consolidated statements of cash flows, and the respective notes thereto (with respect to audited statements only), for such Fiscal Year, setting forth (other than for consolidating statements) comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP with such changes from prior periods as required by GAAP and noted in the auditor's opinion delivered therewith and containing, with respect to the consolidated financial statements, opinions of Ernst & Young, or other such "Big 5" independent certified public accountants, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower and without any exception not acceptable to the Lenders (other than a qualification regarding the impending Maturity Date of the financing evidenced by this Agreement and the Loan Documents, it being agreed such a qualification shall not by itself prevent a financial statement from satisfying the requirements of this subsection (a)), and (ii) a Compliance Certificate, provided, however, that all deliveries under this paragraph for Fiscal Year 2001 may be delivered on or before April 30, 2002;
Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Agent and each Lender (i) consolidated and consolidating balance sheets of the Borrower and the Guarantors as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operations, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth (other than for consolidating statements) comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing, with respect to the consolidated financial statements, opinions of Xxxxxx Xxxxxxxx LLP, or other such independent certified public accountants selected by the Borrower and approved by the Agent, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower and without any exception not acceptable to the Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with Sections 9.1(a) through 9.1(c) and 9.5, which certificate shall be in the form of Exhibit H;
Financial Reports, Etc. 59 8.2. Maintain Properties. . . . . . . . . . . . . . . . . . . . . . . . . . . 60 8.3. Existence, Qualification, Etc. . . . . . . . . . . . . . . . . . . . . . 60 8.4. Regulations and Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . 61 8.5. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 8.6. True Books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 8.7.
Financial Reports, Etc. (a) As soon as practical and in any event within 105 days after the end of each Fiscal Year of the Parent, deliver or cause to be delivered to the Administrative Agent and each Lender (i) a consolidated balance sheet of the Parent and its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated statements of income, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing, with respect to the consolidated financial statements, opinions of PricewaterhouseCoopers, or other such independent certified public accountants selected by the Parent and approved by the Administrative Agent, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Parent and without any exception not acceptable to the Lenders, (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(a) through 9.1(e), which certificate shall be in the form of EXHIBIT K and (iii) a schedule containing a list of Material Subsidiaries as at the end of the Fiscal Year which schedule shall set forth the percentage of Consolidated Total Assets and Consolidated Net Income of each such Subsidiary;
Financial Reports, Etc. (a) as soon as practicable and in any event within ninety-five (95) days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Agent and each Lender (i) the consolidated balance sheets of the Borrower and its Subsidiaries, in each case with the notes thereto, the related consolidated statements of operations, cash flow, and shareholders' equity and the respective notes thereto for such Fiscal Year, setting forth in the case of the consolidated statements comparative financial statements for the preceding Fiscal Year, all prepared in accordance with Generally Accepted Accounting Principles applied on a Consistent Basis and containing, with respect to the consolidated financial reports, an opinion of PriceWaterhouseCoopers LLP, or any other "Big 5" accounting firm or other such independent certified public accountants of recognized national standing selected by the Borrower and approved by the Agent, which is unqualified and devoid of any exception which is not acceptable to the Required Lenders; and (ii) a certificate of an Authorized Representative as to the existence or non-existence of any Default or Event of Default, demonstrating compliance with Sections 8.01, 8.02 and 8.03 of this Agreement as of the end of the most recent Fiscal Year for which such covenant compliance is demonstrated, which certificate shall be substantially in the form attached hereto as Exhibit N and incorporated herein by reference;
Financial Reports, Etc. (a) as soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Administrative Agent and each Lender (i) the consolidated balance sheets of the Borrower and its Subsidiaries, with the notes thereto, the related consolidated statements of operations, cash flows, and shareholders’ equity and the respective notes thereto for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions of KPMG LLP, or other such independent certified public accountants selected by the Borrower and approved by the Administrative Agent (such approval not to be unreasonably withheld), which are unqualified as to the scope of the audit performed and as to the “going concern” status of the Borrower; and (ii) a Compliance Certificate of an Authorized Representative as to the existence of any Default or Event of Default and demonstrating compliance with Section 8.1 of this Agreement;
Financial Reports, Etc. (a) as soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Administrative Agent and each Lender (i) the consolidated balance sheets of the Borrower and its Subsidiaries, with the notes thereto, the related consolidated statements of operations, cash flows, and shareholders’ equity and the respective notes thereto for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP and containing opinions of KPMG LLP, or other such independent certified public accountants of recognized national standing selected by the Borrower or such other accountants as are approved by the Administrative Agent (such approval not to be unreasonably withheld), which are unqualified as to the scope of the audit performed and as to the “going concern” status of the Borrower (other than a “going concern” statement, explanatory note or like qualification or exception resulting solely from an upcoming maturity date occurring within one year from the time such opinion is delivered); and (ii) a Compliance Certificate of an Authorized Representative as to the existence of any Default or Event of Default and demonstrating compliance with Section 8.1 of this Agreement;
