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 BREED, deliver or cause to be delivered to the Agent, together with sufficient copies for each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED 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 comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of the consolidated statements) of Ernst & Young LLP, or other such independent certified public accountants selected by 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 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), which certificate shall be in the form of Exhibit T;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of BREEDthe Borrower, deliver or cause to be delivered to the Agent, together with sufficient copies for Agent and each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED 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 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 opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst & Young LLPArthxx Xxxexxxx XXX, or other such independent certified public accountants selected by BREED 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 BREED and its Subsidiaries the Borrower 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(c)10.1(c) and 10.3, which certificate shall be in the form of Exhibit TI;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of BREEDthe Borrower, deliver or cause to be delivered to the Agent, together with sufficient copies for Agent and each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED 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, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst McGladrey & Young Pullen LLP, or other such independent certified public accountants acxxxxxxnts selected by BREED 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 BREED and its Subsidiaries 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), which certificate shall be in the form end of Exhibit Tsuch 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 BREEDthe Borrower, deliver or cause to be delivered to the Agent, together with sufficient copies for Agent and each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED 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 opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst & Young Xxxxxx Xxxxxxxx LLP, or other such independent certified public accountants selected by BREED 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 BREED and its Subsidiaries the Borrower 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 TH;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of BREEDthe Parent, deliver or cause to be delivered to the Agent, together with sufficient copies for Agent and each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED the Parent 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, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst & Young PricewaterhouseCoopers, LLP, or other such independent certified public accountants selected by BREED the 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 BREED and its Subsidiaries the 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(c)10.1(c) and 10.8, which certificate shall be in the form of Exhibit TH;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of BREEDthe Borrower, deliver or cause to be delivered to the Agent, together with sufficient copies for Agent and each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED 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, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst McGladrey & Young Xxxxxx LLP, or other such independent certified public accountants selected by BREED 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 BREED and its Subsidiaries 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), which certificate shall be in the form end of Exhibit Tsuch 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 BREEDthe Borrower, deliver or cause to be delivered to the Agent, together with sufficient copies for Agent and each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED 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, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst & Young LLPYoung, LLC, or other such independent certified public accountants selected by BREED 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 BREED and its Subsidiaries the Borrower 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), which certificate shall be in the form of Exhibit TH;

Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of BREEDthe Lessee, deliver or cause to be delivered to the Agent, together with sufficient copies for each Lessor and Lender (i1) consolidated and consolidating (by major lines of business) balance sheets of BREED the Lessee 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, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst McGladrey & Young Xxxxxx LLP, or other such independent certified public accountants selected by BREED the 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 BREED and its Subsidiaries the Lessee and without any exception not acceptable to the Required LendersLender, and (ii2) a certificate Compliance Certificate as of an Authorized Representative demonstrating compliance with Sections 9.1(a) through 9.1(c), which certificate shall be in the form end of Exhibit Tsuch 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 BREEDthe Borrower, deliver or cause to be delivered to the Agent, together with sufficient copies for Agent and each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED 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, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst & Young LLPArthxx Xxxexxxx XXX, or other such independent certified public accountants selected by BREED 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 BREED and its Subsidiaries 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), which certificate shall be in the form end of Exhibit Tsuch 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 BREEDthe Borrower and Pan Am, deliver or cause to be delivered to the Agent, together with sufficient copies for each Lender (i) consolidated balance sheet of each of the Borrower and consolidating (by major lines of business) balance sheets of BREED Pan Am and its their respective 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, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of containing, with respect to the consolidated financial statements) , opinions of Ernst & Young LLP, or other such independent certified public accountants selected by BREED 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 BREED and its Subsidiaries and without any exception qualification for the Borrower as at June 30, 1997, not acceptable to the Required LendersLender, and (ii) a certificate of an Authorized Representative demonstrating compliance with Sections 9.1(aSECTIONS 9.1(A) through 9.1(c)and 9.1(B) , which certificate shall be in the form of Exhibit TEXHIBIT E;