FINANCIAL STATEMENTS AND ACCESS TO RECORDS. Each of Borrower and Guarantor shall provide Lender with quarterly unaudited financial statements within sixty (60) days of the end of each of Guarantor's and Borrower's first three fiscal quarters, and Guarantor will provide Lender with audited annual financial statements within one hundred twenty (120) days of each of Guarantor's and Borrower's fiscal year-end audited by a nationally recognized independent certified public accounting firm. Upon request of Lender, each of Borrower and Guarantor shall provide Lender with unaudited monthly financial statements. Each of Borrower and Guarantor shall deliver to Lender with each financial statement a certificate by each of Borrower's and Guarantor's chief financial officer, certifying that (i) such financial statements are complete and correct in all material respects, (ii) Borrower is in compliance with the covenants set forth in Sections 5 and 6 of this Agreement and (iii) that, except as noted in such certificate, such chief financial officer has no knowledge of any Default or Event of Default or of any event that has occurred and is continuing which with notice or lapse of time or both would become a Default or Event of Default.
Appears in 5 contracts
Samples: Credit and Security Agreement (Long Beach Holdings Corp), Credit and Security Agreement (Long Beach Holdings Corp), Credit and Security Agreement (Long Beach Holdings Corp)
