Financial Statements and Certificates. While any amounts are owed to the Lender from the Borrower (including, but not limited to, any Liability), Borrower will furnish the following to the Lender, all in form and scope acceptable to the Lender, unless such information is included in the Borrower’s most recent SEC Reports:
(i) within 105 days after the close of each fiscal year of Borrower, a copy of the annual report of Borrower consisting of a balance sheet, statement of operating results and retained earnings, statement of cash flows and notes to financial statements, profit and loss statement and statement of changes in financial position of Borrower, prepared in conformity with GAAP, duly prepared by certified public accountants of recognized standing selected by Borrower and reasonably approved by the Lender;
(ii) within 45 days after the end of each fiscal quarter, (a) a copy of an unaudited financial statement of Borrower prepared in the same manner as the report referred to in paragraph (i) above, signed by the chief financial officer of Borrower and consisting of a balance sheet as at the close of such fiscal quarter and statements of earnings, cash flow, income and source and application of funds for such fiscal quarter and for the period from the beginning of such fiscal year to the close of such fiscal quarter, and (b) a duly completed compliance certificate, dated the date of such financial statements and certified as true and correct by the chief executive officer or chief financial officer of Borrower, stating that Borrower has not become aware of any Event of Default that has occurred and is continuing or, if there is any such Event of Default describing it and the steps, if any, being taken to cure it;
(iii) a duly completed compliance certificate, dated the date of such financial statements and certified as true and correct by the chief executive officer and chief financial officer of Borrower, stating that Borrower has not become aware of any Event of Default that has occurred and is continuing or, if there is any such Event of Default describing it and the steps, if any, being taken to cure it;
(iv) copies of any and all reports, examinations, notices, warnings and citations issued by any governmental or quasi-governmental (whether federal, state or local), unit, agency, body or entity with respect to Borrower that could have a Material Adverse Effect; and
(v) such other information as the Lender from time to time reasonably requests.
Financial Statements and Certificates. The Company will deliver:
(a) to each Bank, as soon as practicable and in any event within 45 days after the end of each quarterly period (other than the last quarterly period) in each fiscal year, consolidated and consolidating statements of operations, stockholders' equity and cash flows of the Company and its Subsidiaries for the period from the beginning of the then-current fiscal year to the end of such quarterly period, and a consolidated and consolidating balance sheet of the Company and its Subsidiaries as of the end of such quarterly period, setting forth (1) as to each account affected thereby, all eliminating entries for the Unrestricted Subsidiaries as a group and (2) the resulting consolidated and consolidating figures for the Company and the Restricted Subsidiaries, and setting forth in each case in comparative form figures as of the end of and for the corresponding period in the preceding fiscal year, all in reasonable detail and unaudited but certified by an authorized financial officer of the Company as fairly presenting the financial position and results of operations of the Company and its Subsidiaries as of the date thereof and the period then ended, subject to changes resulting from year-end adjustments;
(b) to each Bank, as soon as practicable and in any event within 90 days after the end of each fiscal year, consolidated and consolidating statements of operations, stockholders' equity and cash flows of the Company and its Subsidiaries for such year, and a consolidated and consolidating balance sheet of the Company and its Subsidiaries as of the end of such fiscal year, setting forth (1) as to each account affected thereby, all eliminating entries for the Unrestricted Subsidiaries as a group and (2) the resulting consolidating figures for the Company and the Restricted Subsidiaries, and setting forth in each case in comparative form corresponding consolidating figures from the preceding annual audit, all in reasonable detail and which shall be reported on by PricewaterhouseCoopers LLP or other independent public accountants of recognized national standing selected by the Company whose report shall (A) contain an opinion that shall be unqualified as to the scope or limitations imposed by the Company and shall not be subject to any other material qualification and (B) state that such financial statements present fairly, in all material respects, the financial position of the Company and its Subsidiaries at the dates indicated and their ...
Financial Statements and Certificates. Furnish or cause to be furnished to the Bank and, in the case of clause (c) hereof, to each other Lender: within 30 days after the end of each calendar quarter, a statement of receipts and disbursements by the Company during such calendar quarter, certified by an authorized officer of the Company; together with the statements referred to in paragraph (a) above, a certificate of said officer (i) stating whether, to his knowledge, any Default or Event of Default has occurred, and, if so, stating the facts with respect thereto and (ii) stating that, to his knowledge, the representations and warranties of the Company contained in Article V hereof, in the Depositary Agreement and in the Security Agreement are true with the same effect as though such representations and warranties had been made at and as of the date of such certificate; (i) within 120 days after the end of each fiscal year of the Lessee, the annual report of the Lessee, reported on by independent certified public accountants selected by the Lessee, consisting of the balance sheet of the Lessee and the related statements of income, retained earnings and statement of cash flows for the twelve-month period then ended, (ii) within 60 days after the end of each quarter of each fiscal year of the Lessee, an unaudited balance sheet of the Lessee and unaudited statements of income and retained earnings for the quarterly period then ended certified by a financial officer of the Lessee and (iii) such additional financial information regarding the Lessee as the Bank may reasonably request; and promptly, from time to time, such other information regarding the operations, business, affairs and financial condition of the Company as the Bank may reasonably request.
Financial Statements and Certificates. Lessee will furnish the ------------------------------------- following statements to Lessor; provided that Lessor shall keep confidential items furnished by Lessee which are not generally available to the public:
(i) within 120 days after the end of each Fiscal Years (A) a copy of the Consolidated Financial Statements for such Fiscal Year; (B) an Officer's Certificate stating (x) that no Event of Default, or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred and is continuing and has not been waived, or, if there shall have occurred and be continuing such an Event of Default, specifying the nature thereof and the steps being taken to remedy the same, and (y) that to the best of the signer's knowledge and belief, Lessee is not in default in the performance or observance of any of the terms of any loans or credit facilities, with an outstanding balance equal to or greater than $10,000,000.00 in the aggregate, which default would permit the holder thereof to accelerate its stated maturity;
Financial Statements and Certificates. Lessee will furnish or cause to be furnished the following statements to Lessor; provided that Lessor shall keep confidential items furnished by Lessee which are not generally available to the public:
(a) Within one hundred (100) days after the end of each year, a copy of the consolidated audited financial statements of Guarantor with consolidating supplemental schedules which include manager and all of Guarantor's subsidiaries, prepared by KPMG Peat Marwick, LLP, or another nationally recognized accounting firm or independent certified public accounting firm acceptable to Lessor, which statements shall include a balance sheet and a statement of income and expenses for the year then ended.
(b) [intentionally omitted]
(c) Within forty-five (45) days after the end of each calendar quarter:
(i) Current consolidated financial statements of Guarantor (including manager) and consolidating financial statements of Lessee (which shall include supplemental schedules of assets, liabilities, income and expenses of Lessee) certified to be true and correct; and
(ii) A certificate of Lessee, in form acceptable to Lessor, that no Default or Event of Default then exists and no event has occurred (that has not been cured) and no condition currently exists (herein, a "Default") that would, but for the giving of any required notice or explanation of any applicable cure period, constitute an Event of Default.
(d) Upon Lessor's request, within fifteen (15) days of the end of each calendar month, an aged accounts receivable report of the Facility from Lessee in sufficient detail to show amounts due from each class of patient-mix (i.e. private, Medicare (if applicable), Medicaid (if applicable) and V.A.) by the account age classifications of 30 days, 60 days, 90 days, 120 days.
(e) Upon Lessor's request, within thirty (30) days of the end of each calendar month, a current year-to-date operating statement from the Lessee for the Facility.
(f) Upon Lessor's request, within fifteen (15) days of the end of each calendar month, monthly census information of the Facility in sufficient detail to show patient-mix on a daily average basis for such month.
(g) Within ten (10) days of filing or receipt (i) all cost reports, if any, and any amendments thereto filed with respect to the Facility and (ii) all responses, audits reports, or inquiries with respect to such cost reports, all of which Lessee shall prepare and file on a timely basis.
(h) Within ten (10) days of Lessee's receipt, copies...
Financial Statements and Certificates. 46 9.2. INSPECTION OF PROPERTY...........................................49 9.3. COMPLIANCE WITH ENVIRONMENTAL LAWS...............................50 9.4.
Financial Statements and Certificates. While any amounts are owed to the Purchasers from the Company (including, but not limited to, any Liability), Company will furnish the following to the Purchasers, all in form and scope acceptable to the Purchasers:
(i) within 105 days after the close of each fiscal year of Company, a copy of the annual report of Company consisting of a balance sheet, statement of operating results and retained earnings, statement of cash flows and notes to financial statements, profit and loss statement and statement of changes in financial position of Company, prepared in conformity with GAAP, duly prepared by certified public accountants of recognized standing selected by Company and reasonably approved by the Purchasers;
(ii) within 50 days after the end of each fiscal quarter, (A) a copy of an unaudited financial statement of Company prepared in the same manner as the report referred to in paragraph (i) above, signed by the chief financial officer of Company and consisting of a balance sheet as at the close of such fiscal quarter and statements of earnings, cash flow, income and source and application of funds for such fiscal quarter and for the period from the beginning of such fiscal year to the close of such fiscal quarter, and (B) a duly completed compliance certificate, dated the date of such financial statements and certified as true and correct by the chief executive officer or chief financial officer of Company, stating that Company has not become aware of any Event of Default that has occurred and is continuing or, if there is any such Event of Default describing it and the steps, if any, being taken to cure it;
(iii) copies of any and all reports, examinations, notices, warnings and citations issued by any governmental or quasi-governmental (whether federal, state or local), unit, agency, body or entity with respect to Company that could have a Material Adverse Effect; and
(iv) such other information as the Purchasers from time to time reasonably request.
Financial Statements and Certificates. Within ninety days of the end of each of the Corporation's fiscal years while this Agreement remains in effect, the Corporation shall provide to the Lender (a) financial statements as of the end of such fiscal year, including without limitation a balance statement and statements of income and expenses both for such fiscal year and comparative to the prior fiscal year of the Corporation, and (b) a certificate of the chief financial officer of the Corporation certifying that each of the Buyers who is not deceased remains an employee of the Corporation and that no condition exists that would require the Corporation to purchase the indebtedness of the Buyers pursuant to paragraph 3(b) hereof. In addition, the Corporation shall deliver to the Lender such additional financial information as the Lender might reasonably request.
Financial Statements and Certificates. While any amounts are owed to a Purchaser from the Company (including, but not limited to, any Liability), the Company will furnish the following to such Purchaser, all in form and scope acceptable to such Purchaser, unless such information is included in the Company’s most recent SEC Reports:
(i) within 90 days after the close of each fiscal year of the Company, a copy of the annual report of the Company, consisting of a balance sheet, statement of operating results and retained earnings, statement of cash flows and notes to financial statements, profit and loss statement and statement of changes in financial position of the Company, prepared in conformity with GAAP, duly audited by an independent registered public accounting firm selected by the Company and not unreasonably disapproved by the Purchasers;
(ii) within 45 days after the end of each fiscal quarter, a copy of an unaudited financial statement of the Company prepared in the same manner as the report referred to in paragraph (i) above signed by the principal accounting officer of the Company and consisting of a balance sheet as at the close of such fiscal quarter and statements of earnings and cash flows for such fiscal quarter and for the period from the beginning of such fiscal year to the close of such fiscal quarter;
(iii) a duly completed compliance certificate, dated the date of such financial statements and certified as true and correct by the chief executive officer and chief financial officer of Company, stating that the Company has not become aware of any Event of Default that has occurred and is continuing or, if there is any such Event of Default describing it and the steps, if any, being taken to cure it;
(iv) copies of any and all reports, examinations, notices, warnings and citations issued by any governmental or quasi-governmental (whether federal, state or local), unit, agency, body or entity with respect to the Company that would reasonably be expected to have a Material Adverse Effect; and
(v) such other information as the Purchasers from time to time reasonably request.
Financial Statements and Certificates. Furnish to the Agent:
(a) as soon as available, but in any event no later than January 31 of each year, the annual audit report of the Partnership containing a balance sheet of the Partnership as at the end of the immediately preceding fiscal year and statements of earnings, partners' equity and changes in financial position of the Partnership for such fiscal year, setting forth in each case in comparative form the figures for the previous year, reported on without qualification arising out of the scope of the audit by Xxxxxx Xxxxxxxx or other independent certified public accountants of recognized standing selected by the Partnership;
(b) within 60 days after the end of each Fiscal Quarter of the Partnership, the unaudited balance sheet of the Partnership as at the end of such quarterly period and statements of earnings, partners' equity and changes in financial position of the Partnership for such quarter and for the portion of the fiscal year then ended, certified by a principal financial or accounting officer of the General Partner; and
(c) promptly, such additional financial and other information as the Agent may from time to time reasonably request; all such financial statements to be complete and correct in all material respects and to be prepared in reasonable detail and in accordance with GAAP applied consistently throughout the periods reflected therein (except as
