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 and, if there are any Material Subsidiaries, consolidating balance sheets of the Borrower and its Subsidiaries as of the end of such Fiscal Year, and the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, 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, 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, and (ii) a certificate of a Responsible Officer demonstrating compliance with SECTIONS 9.1(a) and 9.1(b) and 9.3, which certificate shall be in the form of EXHIBIT H;

Financial Reports, Etc. (a) As as soon as practical practicable and in any event within 95 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 and, if there are any Material Subsidiaries, consolidating balance sheets of the Borrower and its Subsidiaries as of the end of such Fiscal YearSubsidiaries, and in each case with the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, consolidating statements of incomeoperations, stockholderscash flow, and shareholders' equity and cash flows, and the respective notes thereto, thereto for such Fiscal Year, setting forth (other than for consolidating statements) in the case of the consolidated statements 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 statementsreports, opinions an opinion of Ernst & YoungPriceWaterhouseCoopers LLP, 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 are is unqualified as to the scope and devoid of the audit performed and as to the "going concern" status of the Borrower and without any exception which is not acceptable to the Required Lenders, ; and (ii) a certificate of a Responsible Officer an Authorized Representative as to the existence or non-existence of any Default or Event of Default, demonstrating compliance with SECTIONS 9.1(a) Sections 8.01, 8.02 and 9.1(b) and 9.38.03 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 of EXHIBIT Hattached hereto as Exhibit L and incorporated herein by reference;

Financial Reports, Etc. (a) As as soon as practical practicable and in any event within 95 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 and, if there are any Material Subsidiaries, consolidating balance sheets of the Borrower and its Subsidiaries as of the end of such Fiscal YearSubsidiaries, and in each case with the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, consolidating statements of incomeoperations, stockholderscash flow, and shareholders' equity and cash flows, and the respective notes thereto, thereto for such Fiscal Year, setting forth (other than for consolidating statements) in the case of the consolidated statements 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 statementsreports, opinions an opinion of Ernst & YoungPriceWaterhouseCoopers LLP, 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 are is unqualified as to the scope and devoid of the audit performed and as to the "going concern" status of the Borrower and without any exception which is not acceptable to the Required Lenders, ; and (ii) a certificate of a Responsible Officer an Authorized Representative as to the existence or non-existence of any Default or Event of Default, demonstrating compliance with SECTIONS 9.1(a) Sections 8.01, 8.02 and 9.1(b) and 9.38.03 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 of EXHIBIT Hattached hereto as Exhibit N and incorporated herein by reference;

Financial Reports, Etc. (a) As as soon as practical and in any event within 95 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) the consolidated and, if there are any Material Subsidiaries, consolidating balance sheets of the Parent, the Borrower and its Subsidiaries Subsidiaries, in each case with the notes thereto, and the related consolidated statements of operations, cash flow, and shareholders' equity and the respective notes thereto for and as of the end of such Fiscal Year, and the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, 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 and as of the end of 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, containing opinions of Ernst & Young, LLP or other such independent certified public accountants selected by the Borrower and approved by the Agentof similar stature, 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 reasonably acceptable to the Required Lenders, ; and (ii) a certificate of a Responsible Officer an Authorized Representative as to the existence of any Default or Event of Default and demonstrating compliance with SECTIONS 9.1(aSections 8.01, 8.02, 8.03 and 8.04(ii) and 9.1(b) and 9.3hereof, which certificate shall be in the form of EXHIBIT Hattached hereto as Exhibit L and incorporated herein by reference;

Financial Reports, Etc. (a) As as soon as practical and in any event ---------------------- within 95 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 and, if there are any Material Subsidiaries, consolidating balance sheets of the Borrower and its Subsidiaries as of the end of such Fiscal YearSubsidiaries, and in each case with the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, consolidating statements of incomeoperations, stockholderscash flow, and shareholders' equity and cash flows, and the respective notes thereto, thereto for such Fiscal Year, setting forth (other than for consolidating statements) in the case of the consolidated statements 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 statementsreports, opinions an opinion of Ernst Coopers & YoungXxxxxxx, LLP L.L.P., or any other "Big 6" accounting firm or other such independent certified public accountants of recognized national standing selected by the Borrower and approved by the Agent, which are is unqualified as to the scope and devoid of the audit performed and as to the "going concern" status of the Borrower and without any exception which is not acceptable to the Required Lenders, ; and (ii) a certificate of a Responsible Officer an Authorized Representative as to the existence or non- existence of any Default or Event of Default, demonstrating compliance with SECTIONS 9.1(a) Sections 8.01, 8.02 and 9.1(b) and 9.38.03 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 of EXHIBIT Hattached hereto as Exhibit J and --------- incorporated herein by reference;

Financial Reports, Etc. (a) As as soon as practical and in any event within 95 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 and, if there are any Material Subsidiaries, consolidating balance sheets of the Borrower and its Subsidiaries as of the end of such Fiscal YearSubsidiaries, and in each case with the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, consolidating statements of incomeoperations, stockholderscash flow, and shareholders' equity and cash flows, and the respective notes thereto, thereto for such Fiscal Year, setting forth (other than for consolidating statements) in the case of the consolidated statements 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 statementsreports, opinions an opinion of Ernst Coopers & YoungLybrxxx, LLP X.L.P., or any other "Big 6" accounting firm or other such independent certified public accountants of recognized national standing selected by the Borrower and approved by the Agent, which are is unqualified as to the scope and devoid of the audit performed and as to the "going concern" status of the Borrower and without any exception which is not acceptable to the Required Lenders, ; and (ii) a certificate of a Responsible Officer an Authorized Representative as to the existence or non-existence of any Default or Event of Default, demonstrating compliance with SECTIONS 9.1(a) Sections 8.01, 8.02, 8.03, 8.04 and 9.1(b) and 9.38.05 of this Agreement as of the Determination Date for which such covenant compliance is demonstrated, which certificate shall be substantially in the form of EXHIBIT Hattached hereto as Exhibit J and incorporated herein by reference;