Common use of Financial Reports, Etc Clause in Contracts

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) 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, stockholdersshareholders' 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 acceptable to 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(a8.1(A) through 9.1(c8.1(D), 8.2, 8.3 and 8.9, 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) a consolidated and consolidating balance sheet sheets of the Borrower and its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of income, 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, in such form as any or all of the same have been or are being filed for such Fiscal Year with the Securities and Exchange Commission (including without limitation via EDGAR), all prepared in accordance with GAAP applied on a Consistent Basis Xxxxs and containing, with respect to the consolidated financial statements, opinions of Xxxxxx Xxxxxxxx LLPErnst & Young LLC, or other such independent certified public accountants selected by the Borrower and approved by the Agent, which Agent (such approval shall 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 without any exception not acceptable to the Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(aSections 10.1(a) through 9.1(c10.1(c), 10.4(h) and 10.6(g), which certificate shall be in the form of EXHIBIT Exhibit H;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 120 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 incomeearnings, stockholdersshareowners' 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 PriceWaterhouseCoopers 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 Sections 9.1(a) through 9.1(c), which certificate shall be in the form of EXHIBIT 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) 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, containing opinions of Xxxxxx Xxxxxxxx LLPArthxx Xxxexxxx XXX, 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 its Subsidiaries and without any exception not acceptable to the Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS Sections 9.1(a) through 9.1(c)8.1(d) and 8.3, which certificate shall be in the form of EXHIBIT 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 BorrowerYear, deliver or cause to be delivered to the Agent and each Lender (i) a consolidated and consolidating balance sheet sheets of the Borrower and its Subsidiaries as at the end of such Fiscal YearBorrowers, and the notes thereto, and the related consolidated statements of incomeoperations, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth in the case of the 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 statementsreports, opinions of Xxxxxx Xxxxxxxx LLPCoopers & Lybrand, or other such independent certified public accountants accouxxxxxx selected by the Borrower Giant Holding 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 Borrowers and are without any exception not acceptable to the Required Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(a) through 9.1(c)Sections 7.1, 7.2, 7.3, 7.4 and 7.5 hereof, which certificate shall be in the form of EXHIBIT Hattached hereto as Exhibit H hereof;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the BorrowerYear, deliver or cause to be delivered to the Agent and each Lender (i) a consolidated and consolidating balance sheet sheets of the Borrower and its Subsidiaries as at the end of such Fiscal YearBorrowers, and the notes thereto, and the related consolidated statements of incomeoperations, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth in the case of the 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 statementsreports, opinions of Xxxxxx Xxxxxxxx LLPCoopers & Xxxxxxx, or other such independent certified public accountants selected by the Borrower Giant Holding 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 Borrowers and are without any exception not acceptable to the Required Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(a) through 9.1(c)Sections 9.1, 9.2, 9.3, 9.4 and 9.5 hereof, which certificate shall be in the form of EXHIBIT Hattached hereto as Exhibit I hereof;

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 and consolidating balance sheet sheets of the Borrower and its Subsidiaries the Guarantors as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of incomeoperations, 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 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 Sections 9.1(a) through 9.1(c), 9.3, 9.5, and 9.18 which certificate shall be in the form of EXHIBIT Exhibit H;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 120 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 (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, containing opinions of Xxxxxx Xxxxxxxx LLPArthxx Xxxexxxx XXX, 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(aSections 8.1(a) through 9.1(c8.1(d), which certificate shall be in the form of EXHIBIT HExhibit J;

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 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)) and 9.3, 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) 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, containing opinions of Xxxxxx Xxxxxxxx LLPArthxx Xxxexxxx XXX, 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 its Subsidiaries and without any exception not acceptable to the Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(aSections 8.1(a) through 9.1(c)8.1(d) and 8.3, which certificate shall be in the form of EXHIBIT 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) a consolidated balance sheet sheets 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 Basis, except to the extent GAAP requires application of different accounting principles, and containing, with respect to the consolidated financial statements, opinions of Xxxxxx Xxxxxxxx LLPPrice Waterhouse, or other such independent certified public accountants selected by the Borrower and approved by the Agent, which approval shall not be unreasonably withheldof Nationally Recognized Standing, 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(aSections 8.1(a) through 9.1(c)8.1(d) hereof, which certificate shall be in the form of EXHIBIT Exhibit H;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 95 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) a the 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 LLPErnst & Young, or such other such independent certified public accountants as are selected by the Borrower and approved by the Administrative 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 Compliance 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 HSections 8.1;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the BorrowerYear, deliver or cause to be delivered to the Agent and each Lender (i) a consolidated and consolidating balance sheet sheets of the Borrower and its Subsidiaries as at the end of such Fiscal YearBorrowers, and the notes thereto, and the related consolidated statements of incomeoperations, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth in the case of the 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 statementsreports, opinions of Xxxxxx Xxxxxxxx PricewaterhouseCoopers LLP, or other such independent certified public accountants selected by the Borrower Giant Holding 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 Borrowers and are without any exception not acceptable to the Required Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(a) through 9.1(c)Sections 9.1, 9.2, 9.3, 9.4 and 9.5 hereof, which certificate shall be in the form of EXHIBIT Hattached hereto as Exhibit H hereof;