Common use of Financial Reports, Etc Clause in Contracts

Financial Reports, Etc. (a) as soon as practicable and in any event within 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 balance sheets of the Borrower and its Subsidiaries, in each case with the notes thereto, the related consolidated statements of operations, cash flow, and shareholders' equity and the respective notes thereto for such Fiscal Year, setting forth in the case of the consolidated statements comparative financial statements for the preceding Fiscal Year, all prepared in accordance with Generally Accepted Accounting Principles applied on a Consistent Basis and containing, with respect to the consolidated financial reports, an opinion of PriceWaterhouseCoopers 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 is unqualified and devoid of any exception which is not acceptable to the Required Lenders; and (ii) a certificate of an Authorized Representative as to the existence or non-existence of any Default or Event of Default, demonstrating compliance with Sections 8.01, 8.02 and 8.03 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 attached hereto as Exhibit N and incorporated herein by reference;

Financial Reports, Etc. (a) as soon as practicable and in any event within 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 balance sheets of the Borrower and its Subsidiaries, in each case with the notes thereto, the related consolidated statements of operations, cash flow, and shareholders' equity and the respective notes thereto for such Fiscal Year, setting forth in the case of the consolidated statements comparative financial statements for the preceding Fiscal Year, all prepared in accordance with Generally Accepted Accounting Principles applied on a Consistent Basis and containing, with respect to the consolidated financial reports, an opinion of PriceWaterhouseCoopers 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 is unqualified and devoid of any exception which is not acceptable to the Required Lenders; and (ii) a certificate of an Authorized Representative as to the existence or non-existence of any Default or Event of Default, demonstrating compliance with Sections 8.01, 8.02 and 8.03 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 attached hereto as Exhibit N L and incorporated herein by reference;

Financial Reports, Etc. (a) as As soon as practicable practical and in any event within ninety-five (95) 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 SubsidiariesSubsidiaries as of the end of such Fiscal Year, in each case with and the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, consolidating statements of operationsincome, cash flow, and shareholdersstockholders' equity and cash flows, and the respective notes thereto thereto, for such Fiscal Year, setting forth in the case of the consolidated statements (other than for consolidating statements) comparative financial statements for the preceding Fiscal Year, all prepared in accordance with Generally Accepted Accounting Principles GAAP applied on a Consistent Basis and containing, with respect to the consolidated financial reportsstatements, an opinion opinions of PriceWaterhouseCoopers LLPErnst & Young, or any other "Big 5" accounting firm LLP or other such independent certified public accountants of recognized national standing selected by the Borrower and approved by the Agent, which is are unqualified as to the scope of the audit performed and devoid 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 an Authorized Representative as to the existence or non-existence of any Default or Event of Default, a Responsible Officer demonstrating compliance with Sections 8.01, 8.02 SECTIONS 9.1(a) and 8.03 of this Agreement as of the end of the most recent Fiscal Year for which such covenant compliance is demonstrated9.1(b) and 9.3, which certificate shall be substantially in the form attached hereto as Exhibit N and incorporated herein by referenceof EXHIBIT H;

Financial Reports, Etc. (a) as soon as practicable practical and in any event within 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 balance sheets of the Borrower and its Subsidiaries, in each case with the notes thereto, the related consolidated statements of operations, cash flow, and shareholders' equity and the respective notes thereto for such Fiscal Year, setting forth in the case of the consolidated statements comparative financial statements for the preceding Fiscal Year, all prepared in accordance with Generally Accepted Accounting Principles applied on a Consistent Basis and containing, with respect to the consolidated financial reports, an opinion of PriceWaterhouseCoopers LLPCoopers & Lybrxxx, X.L.P., or any other "Big 56" accounting firm or other such independent certified public accountants of recognized national standing selected by the Borrower and approved by the Agent, which is unqualified and devoid of any exception which is not acceptable to the Required Lenders; and (ii) a certificate of an Authorized Representative as to the existence or non-existence of any Default or Event of Default, demonstrating compliance with Sections 8.01, 8.02 8.02, 8.03, 8.04 and 8.03 8.05 of this Agreement as of the end of the most recent Fiscal Year Determination Date for which such covenant compliance is demonstrated, which certificate shall be substantially in the form attached hereto as Exhibit N J and incorporated herein by reference;

Financial Reports, Etc. (a) as soon as practicable practical and in any event ---------------------- within 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 balance sheets of the Borrower and its Subsidiaries, in each case with the notes thereto, the related consolidated statements of operations, cash flow, and shareholders' equity and the respective notes thereto for such Fiscal Year, setting forth in the case of the consolidated statements comparative financial statements for the preceding Fiscal Year, all prepared in accordance with Generally Accepted Accounting Principles applied on a Consistent Basis and containing, with respect to the consolidated financial reports, an opinion of PriceWaterhouseCoopers LLPCoopers & Xxxxxxx, L.L.P., or any other "Big 56" accounting firm or other such independent certified public accountants of recognized national standing selected by the Borrower and approved by the Agent, which is unqualified and devoid of any exception which is not acceptable to the Required Lenders; and (ii) a certificate of an Authorized Representative as to the existence or non-non- existence of any Default or Event of Default, demonstrating compliance with Sections 8.01, 8.02 and 8.03 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 attached hereto as Exhibit N J and --------- incorporated herein by reference;

Financial Reports, Etc. (a) as soon as practicable practical and in any event within ninety-five (95) 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 balance sheets of the Parent, the Borrower and its 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, setting forth in the case of the consolidated statements comparative financial statements for and as of the end of the preceding Fiscal Year, all prepared in accordance with Generally Accepted Accounting Principles applied on a Consistent Basis and containingcontaining opinions of Ernst & Young, with respect to the consolidated financial reports, an opinion of PriceWaterhouseCoopers 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 Agentsimilar stature, which is are unqualified and devoid of any without exception which is not reasonably acceptable to the Required Lenders; and (ii) a certificate of an Authorized Representative as to the existence or non-existence of any Default or Event of Default, Default and demonstrating compliance with Sections 8.01, 8.02 8.02, 8.03 and 8.03 of this Agreement as of the end of the most recent Fiscal Year for which such covenant compliance is demonstrated8.04(ii) hereof, which certificate shall be substantially in the form attached hereto as Exhibit N L and incorporated herein by reference;