Common use of Financial Reports, Etc Clause in Contracts

Financial Reports, Etc. (a) As soon as practical and in any event within 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) consolidated balance sheets of the Borrower and its Subsidiaries as of 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 Ernst & Young, 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, (ii) a certificate of a Responsible Officer demonstrating compliance with SECTIONS 10.1(a), 10.1(b) and 10.1(c) and 10.3, which certificate shall be in the form of EXHIBIT H, and (iii) consolidating balance sheets of the Borrower and each Guarantor as of the end of such Fiscal Year, and the notes thereto, and the related consolidating statements of income, 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;

Financial Reports, Etc. (a) As soon as practical and in any event within 95 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 sheets sheet of the Borrower and its Subsidiaries as of 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 Ernst & YoungArthur Andersen LLP, LLP or other such independent certified public accountants selected accouxxxxxx xxxxxxxx by the Borrower 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 and without any exception not acceptable to the LendersLender, and (ii) a certificate of a Responsible Officer an Authorized Representative demonstrating compliance with SECTIONS 10.1(a), 10.1(b8.1(A) through 8.1(D) and 10.1(c) and 10.38.3, which certificate shall be in the form of EXHIBIT HF and which shall include a certification by an Authorized Representative that the Borrower and the Subsidiaries are (x) current with all trade payables, except trade payables contested in good faith in the ordinary course of business, and (iiiy) consolidating balance sheets in full compliance with the established sublimits and terms of the Borrower and each Guarantor as Letters of the end of such Fiscal Year, and the notes thereto, and the related consolidating statements of income, 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 BasisCredit issued pursuant this Agreement;

Financial Reports, Etc. (a) As soon as practical and in any event within 95 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 sheets sheet of the Borrower and its Subsidiaries as of 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 Ernst & YoungXxxxxx Xxxxxxxx LLP, LLP or other such independent certified public accountants selected by the Borrower 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 and without any exception not acceptable to the LendersLender, and (ii) a certificate of a Responsible Officer an Authorized Representative demonstrating compliance with SECTIONS 10.1(a), 10.1(b8.1(A) through 8.1(D) and 10.1(c) and 10.38.3, which certificate shall be in the form of EXHIBIT HG and which shall include a certification by an Authorized Representative that the Borrower and the Subsidiaries are (x) current with all trade payables, except trade payables contested in good faith in the ordinary course of business, and (iiiy) consolidating balance sheets in full compliance with the established sublimits and terms of the Borrower and each Guarantor as Letters of the end of such Fiscal Year, and the notes thereto, and the related consolidating statements of income, 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 BasisCredit issued pursuant this Agreement;

Financial Reports, Etc. (a) As soon as practical and in any event within 95 105 days after the end of each Fiscal Year of the BorrowerParent, deliver or cause to be delivered to the Administrative Agent and each Lender (i) a consolidated balance sheets sheet of the Borrower Parent and its Subsidiaries as of 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 Ernst & YoungPricewaterhouseCoopers, LLP or other such independent certified public accountants selected by the Borrower 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 Borrower Parent and without any exception not acceptable to the Lenders, (ii) a certificate of a Responsible Officer an Authorized Representative demonstrating compliance with SECTIONS 10.1(a9.1(a) through 9.1(e), 10.1(b) and 10.1(c) and 10.3, which certificate shall be in the form of EXHIBIT H, K and (iii) consolidating balance sheets a schedule containing a list of the Borrower and each Guarantor Material Subsidiaries as of 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 Fiscal Year, and the notes thereto, and the related consolidating statements of income, 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 BasisSubsidiary;

Financial Reports, Etc. (a) As soon as practical and in any event within 95 90 days after the end of each Fiscal Year of the BorrowerWFS, deliver or cause to be delivered to the Agent and each Lender (i) a consolidated balance sheets sheet of the Borrower WFS and its Subsidiaries as of 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 Ernst & YoungArthur Andersen LLP, LLP or other such independent certified public accountants selected accouxxxxxx xxxxxxxx by the Borrower WFS 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 WFS and without any exception not acceptable to the LendersLender, and (ii) a certificate of a Responsible Officer an Authorized Representative demonstrating compliance with SECTIONS 10.1(a), 10.1(b9.1(A) through 9.1(D) and 10.1(c) and 10.39.3, which certificate shall be in the form of EXHIBIT HF and which shall include a certification by an Authorized Representative that the Borrower and the Subsidiaries are (x) current with all trade payables, except trade payables contested in good faith in the ordinary course of business, and (iiiy) consolidating balance sheets in full compliance with the established sublimits and terms of the Borrower and each Guarantor as Letters of the end of such Fiscal Year, and the notes thereto, and the related consolidating statements of income, 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 BasisCredit issued pursuant this Agreement;

Financial Reports, Etc. (a) As soon as practical and in any event within 95 days after the end of each Fiscal Year of the BorrowerCompany, deliver or cause to be delivered to the Agent Agents and each Lender (i) consolidated balance sheets of the Borrower Company and its Subsidiaries as of at the end of such Fiscal Year, and the notes thereto, and the related consolidated statements of income, stockholders' equity and cash flows, flow and the respective notes thereto, thereto for such Fiscal Year, setting forth in each case comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP Generally Accepted Accounting Principles applied on a Consistent Basis and containing, with respect to the consolidated financial statements, opinions of Ernst & Young, LLP LLP, or such other such independent certified public accountants selected by the Borrower Company and approved by the AgentRequired Lenders, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower Company and its Subsidiaries and without any exception not acceptable to the Lenders, ; (ii) a copy of the Company's Form 10-K as filed with the Securities and Exchange Commission; and (iii) a certificate of a Responsible Officer an Authorized Representative demonstrating compliance with SECTIONS 10.1(a)Sections 10.01 and 10.02 of this Agreement as of such Fiscal Year end, 10.1(b) its Debt Ratings by S&P and 10.1(c) Moodx'x xx of such Fiscal Year end and 10.3the Outstandings under each Facility as of such Fiscal Year end, which certificate shall be in the form of EXHIBIT attached as Exhibit H, and (iii) consolidating balance sheets of the Borrower and each Guarantor as of the end of such Fiscal Year, and the notes thereto, and the related consolidating statements of income, 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;

Financial Reports, Etc. (a) As soon as practical and in any event within 95 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) a consolidated balance sheets sheet of the Borrower Parent and its Subsidiaries as of 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 Ernst & YoungArthur Andersen LLP, LLP or other such independent certified public accountants selected accouxxxxxx xxxxxxxx by the Borrower Parent 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 Parent and without any exception not acceptable to the LendersLender, and (ii) a certificate of a Responsible Officer an Authorized Representative demonstrating compliance with SECTIONS 10.1(a), 10.1(b9.1(A) through 9.1(D) and 10.1(c) and 10.39.3, which certificate shall be in the form of EXHIBIT HF and which shall include a certification by an Authorized Representative that the Parent and the Subsidiaries are (x) current with all trade payables, except trade payables contested in good faith in the ordinary course of business, and (iiiy) consolidating balance sheets in full compliance with the established sublimits and terms of the Borrower and each Guarantor as Letters of the end of such Fiscal Year, and the notes thereto, and the related consolidating statements of income, 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 BasisCredit issued pursuant this Agreement;