Common use of FINANCIAL STATEMENTS AND ACCESS TO RECORDS Clause in Contracts

FINANCIAL STATEMENTS AND ACCESS TO RECORDS. CPS shall provide the Lenders with quarterly unaudited financial statements within forty-five (45) days of the end of each of CPS’s first three fiscal quarters, and CPS will provide the Lenders with audited financial statements within ninety (90) days of each of CPS’s fiscal year-end audited by Independent Accountants. If and when requested by the Administrative Agent (but not before), within 30 days after the end of each calendar month prior to the termination of the Loan Documents, CPS shall provide the Administrative Agent with unaudited monthly financial statements for the immediately preceding calendar month. CPS shall deliver to the Lenders with each financial statement a certificate by CPS’s chief financial officer, certifying that such financial statements are complete and correct in all material respects and that, except as noted in such certificate, such chief financial officer has no knowledge of any Default, Event of Default, Servicer Termination Event or the occurrence of any Funding Termination Date. Notwithstanding the foregoing, CPS shall have no obligation to deliver any of the foregoing financial statements to the Lenders for so long as CPS is subject to, and in compliance with, the reporting requirements under Section 13(a) of the Exchange Act. In connection with each report filed by CPS under Section 13(a) of the Exchange Act until the Termination Date, CPS shall be deemed to have represented and warranted to the Lenders that, as of the related filing date, the financial statements contained in such report are complete and correct in all material respects and that, unless otherwise specified in such report, CPS has no knowledge of any Default, Event of Default, Servicer Termination Event or the occurrence of any Funding Termination Date as of such filing date.

Appears in 2 contracts

Samples: Credit Agreement (Consumer Portfolio Services Inc), Credit Agreement (Consumer Portfolio Services Inc)

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FINANCIAL STATEMENTS AND ACCESS TO RECORDS. CPS shall provide the Lenders Note Purchaser with quarterly unaudited financial statements within forty-five sixty (4560) days of the end of each of CPS’s 's first three fiscal quarters, and CPS will provide the Lenders Note Purchaser with audited financial statements within ninety one hundred twenty (90120) days of each of CPS’s 's fiscal year-end audited by Independent Accountantsa nationally recognized independent certified public accounting firm. If and when requested by the Administrative Agent (but not before), within 30 days after the end of each calendar month prior to the termination Upon request of the Loan DocumentsNote Purchaser, CPS shall provide the Administrative Agent Note Purchaser with unaudited monthly financial statements for the immediately preceding calendar monthstatements. CPS shall deliver to the Lenders Note Purchaser with each financial statement a certificate by CPS’s 's chief financial officer, certifying that such financial statements are complete and correct in all material respects and that, except as noted in such certificate, such chief financial officer has no knowledge of any Default, Event of Default, Servicer Funding Termination Event or the occurrence of any Funding Servicer Termination DateEvent. Notwithstanding the foregoing, CPS shall have no obligation to deliver any of the foregoing financial statements to the Lenders Note Purchaser for so long as CPS is subject to, and in compliance with, the reporting requirements under Section 13(a) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). In connection with each report filed by CPS under Section 13(a) of the Exchange Act until during the Termination DateTerm, CPS shall be deemed to have represented and warranted to the Lenders Note Purchaser that, as of the related filing date, the financial statements contained in such report are complete and correct in all material respects and that, unless otherwise specified in such report, CPS has no knowledge of any Default, Event of Default, Funding Termination Event or Servicer Termination Event or the occurrence of any Funding Termination Date as of such filing date.

Appears in 2 contracts

Samples: Note Purchase Agreement (Consumer Portfolio Services Inc), Note Purchase Agreement (Consumer Portfolio Services Inc)

FINANCIAL STATEMENTS AND ACCESS TO RECORDS. CPS shall provide the Lenders each Note Purchaser with quarterly unaudited financial statements within forty-five (45) days of the end of each of CPS’s first three fiscal quarters, and CPS will provide the Lenders each Note Purchaser with audited financial statements within ninety (90) days of each of CPS’s fiscal year-end audited by Independent Accountants(a) Xxxxx Xxxxxxx LLP or (b) a firm of independent certified public accountants registered with the Public Company Accounting Oversight Board and otherwise reasonably acceptable to a Majority of Noteholders. If and when requested by the Administrative Agent (but not before), within 30 days after the end Upon request of each calendar month prior to the termination of the Loan Documentsa Note Purchaser, CPS shall provide the Administrative Agent such Note Purchaser with unaudited monthly financial statements for the immediately preceding calendar monthstatements. CPS shall deliver to the Lenders each Note Purchaser with each financial statement a certificate by CPS’s chief financial officer, certifying that such financial statements are complete and correct in all material respects and that, except as noted in such certificate, such chief financial officer has no knowledge of any Default, Event of Default, Default or Servicer Termination Event or the occurrence of any Funding Termination DateEvent. Notwithstanding the foregoing, CPS shall have no obligation to deliver any of the foregoing financial statements or certificates to the Lenders a Note Purchaser for so long as CPS is subject to, and in compliance with, the reporting requirements under Section 13(a) of the Exchange Act. In connection with each report filed by CPS under Section 13(a) of the Exchange Act until during the Termination DateTerm, CPS shall be deemed to have represented and warranted to the Lenders each Note Purchaser that, as of the related filing date, the financial statements contained in such report are complete and correct in all material respects and that, unless otherwise specified in such report, CPS has no knowledge of any Default, Event of Default, Default or Servicer Termination Event or the occurrence of any Funding Termination Date as of such filing date.

Appears in 1 contract

Samples: Note Purchase Agreement (Consumer Portfolio Services Inc)

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FINANCIAL STATEMENTS AND ACCESS TO RECORDS. CPS shall provide the Lenders Class A Note Purchaser with quarterly unaudited financial statements within forty-five sixty (4560) days of the end of each of CPS’s 's first three fiscal quarters, and CPS will provide the Lenders Class A Note Purchaser with audited financial statements within ninety one hundred twenty (90120) days of each of CPS’s 's fiscal year-end audited by Independent Accountantsa nationally recognized independent certified public accounting firm. If and when requested by the Administrative Agent (but not before), within 30 days after the end of each calendar month prior to the termination Upon request of the Loan DocumentsClass A Note Purchaser, CPS shall provide the Administrative Agent Class A Note Purchaser with unaudited monthly financial statements for the immediately preceding calendar monthstatements. CPS shall deliver to the Lenders Class A Note Purchaser with each financial statement a certificate by CPS’s 's chief financial officer, certifying that such financial statements are complete and correct in all material respects and that, except as noted in such certificate, such chief financial officer has no knowledge of any Default, Event of Default, Servicer Funding Termination Event or the occurrence of any Funding Servicer Termination DateEvent. Notwithstanding the foregoing, CPS shall have no obligation to deliver any of the foregoing financial statements to the Lenders Class A Note Purchaser for so long as CPS is subject to, and in compliance with, the reporting requirements under Section 13(a) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). In connection with each report filed by CPS under Section 13(a) of the Exchange Act until during the Termination DateClass A Term, CPS shall be deemed to have represented and warranted to the Lenders Class A Note Purchaser that, as of the related filing date, the financial statements contained in such report are complete and correct in all material respects and that, unless otherwise specified in such report, CPS has no knowledge of any Default, Event of Default, Funding Termination Event or Servicer Termination Event or the occurrence of any Funding Termination Date as of such filing date.

Appears in 1 contract

Samples: Note Purchase Agreement (Consumer Portfolio Services Inc)

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