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) 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. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the BorrowerParent, deliver or cause to be delivered to the Agent and each Lender (i) consolidated and consolidating balance sheets of the Borrower Parent and the Guarantors its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 PricewaterhouseCoopers, LLP, or other such independent certified public accountants selected by the Borrower Parent 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 Parent and without any exception not acceptable to the Required Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with Sections 9.1(a10.1(a) through 9.1(c10.1(c) and 9.510.8, 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 BorrowerLessee, deliver or cause to be delivered to the Agent Lessor and each Lender (i1) consolidated and consolidating balance sheets of the Borrower Lessee and the Guarantors its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 McGladrey & Xxxxxx Xxxxxxxx LLP, or other such independent certified public accountants selected by the Borrower Lessee and approved by the AgentLender, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower Lessee and without any exception not acceptable to the LendersLender, and (ii2) a certificate Compliance Certificate as 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 end of Exhibit Hsuch Fiscal Year;

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 its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 McGladrey & 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 Compliance Certificate as 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 end of Exhibit Hsuch Fiscal Year;

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 its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 LLPErnst & Young, LLC, 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. (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 its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, stockholders' equity and cash 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 LLPArthxx Xxxexxxx XXX, 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(a10.1(a) through 9.1(c10.1(c) and 9.510.3, which certificate shall be in the form of Exhibit HI;

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 its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 LLPArthxx Xxxexxxx XXX, 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 Required Lenders, and (ii) a certificate Compliance Certificate as 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 end of Exhibit Hsuch Fiscal Year;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 105 days after the end of each Fiscal Year of the BorrowerBorrower and Pan Am, deliver or cause to be delivered to the Agent and each Lender (i) consolidated and consolidating balance sheets sheet of each of the Borrower and the Guarantors Pan Am and their respective Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 Pan Am and approved by the AgentLender, which are unqualified as to the scope of the audit performed and as to the without any exception, other than a "going concern" status of qualification for the Borrower and without any exception as at June 30, 1997, not acceptable to the LendersLender, and (ii) a certificate of an Authorized Representative demonstrating compliance with Sections 9.1(a) through 9.1(cSECTIONS 9.1(A) and 9.59.1(B) , which certificate shall be in the form of Exhibit HEXHIBIT E;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the BorrowerBREED, deliver or cause to be delivered to the Agent and Agent, together with sufficient copies for each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of the Borrower BREED and the Guarantors its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 containing opinions (in the case of the consolidated financial statements, opinions ) of Xxxxxx Xxxxxxxx Ernst & Young LLP, or other such independent certified public accountants selected by the Borrower BREED 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 BREED and its Subsidiaries and 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) and 9.5), which certificate shall be in the form of Exhibit HT;

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 its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of operationsincome, 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 McGladrey & Pullen LLP, or other such independent certified public accountants acxxxxxxnts 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 Compliance Certificate as 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 end of Exhibit Hsuch Fiscal Year;