Common use of Financial Statements and Collateral Reports Clause in Contracts

Financial Statements and Collateral Reports. PMC will furnish to Lender (i) a collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of credits issued, and collections received; (ii) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMC, certified by the chief financial officer of PMC, within forty-five (45) days of the end of each calendar month; (iv) annual audited financial statements for PMC prepared by PricewaterhouseCoopers, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMC's fiscal years; (v) promptly upon receipt thereof, copies of any reports submitted to PMC by the independent accountants in connection with any interim audit of the books of PMC and copies of each management control letter provided to PMC by independent accountants; (vi) as soon as available, copies of all financial statements and notices provided by PMC to all of its stockholders; and (vii) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials).

Appears in 3 contracts

Samples: Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp)

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Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of credits issued, and collections received; (iib) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCthe Consolidated Company (as such term is defined in Section 4.7), certified by the chief financial a duly authorized officer of PMCBorrower, within forty-five (45) days of the end of each calendar month; (ivd) annual audited quarterly financial statements for PMC prepared the Consolidated Company on Form 10-Q, certified by PricewaterhouseCoopers, or another firm a duly authorized officer of independent public accountants reasonably satisfactory to LenderBorrower, within one hundred thirtyforty-five (13545) days of the end of each fiscal quarter of Borrower; (e) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (f) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of PMCBorrower's fiscal years; (vg) annual audited financial statements for the Consolidated Company prepared by Ernst & Young or a firm of independent public accountants satisfactory to Lender, within ninety (90) days after the end of each of Borrower's fiscal years; (h) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viij) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 2 contracts

Samples: Loan and Security Agreement (Raintree Healthcare Corp), Loan and Security Agreement (Raintree Healthcare Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersErnst & Young, LLP, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 2 contracts

Samples: Loan and Security Agreement (Numed Home Health Care Inc), Loan and Security Agreement (Numed Home Health Care Inc)

Financial Statements and Collateral Reports. PMC will furnish to Lender (i) a collections report detailed monthly accounts receivable and accounts receivable payables aging schedule on a form acceptable to Lender reports within fifteen thirty (15) days after the end of each calendar month, which shall include, but not be limited to, a report of credits issued, and collections received; (ii) accounts payable aging schedules within fifteen (1530) days after the end of each calendar month; (iiiii) internally prepared monthly financial statements Financial Statements for PMCBorrowers, certified accompanied by a Controller's Certificate, within thirty (30) days after the chief financial officer end of PMCeach calendar month and together with those monthly Financial Statements delivered as of the end of each Fiscal Quarter, Borrowers shall deliver Financial Statements reflecting Borrowers' results for the Fiscal Quarter then ending; (iii) annual projections (budget) of profit and loss statements, balance sheets and cash flow reports (prepared on a monthly basis) for the current Fiscal Year within forty-five (45) days of after the end start of each calendar monthof Borrowers' Fiscal Years; (iv) annual audited financial statements Financial Statements for PMC prepared each Fiscal Year, accompanied by PricewaterhouseCoopers, or another firm (1) the unqualified opinion (without explanatory paragraphs) of Borrowers' independent certified public accountants reasonably satisfactory (which shall be Xxxxxxxx & Co. for Fiscal Year 1996 and a Big Six firm for all Fiscal Years thereafter) selected by Borrowers and acceptable to LenderLender and (2) a Controller's Certificate, within one hundred thirty-five (135105) days after the end of each of PMCBorrower's fiscal yearsFiscal Years; (v) promptly upon receipt thereofan annual management letter and covenant compliance certificate prepared and executed by Borrower's independent certified public accountants, copies of any reports submitted to PMC by within one hundred five (105) days after the independent accountants in connection with any interim audit of the books of PMC and copies end of each management control letter provided to PMC by independent accountantsof Borrower's Fiscal Years; (vi) as soon as availablewithin thirty (30) days after the end of each month, Borrowers shall submit to Lender (a) an aging of its MRR accounts receivable and an MRR reconciliation report, and within thirty (30) days after the end of each Fiscal Quarter, a detailed aging of its MRR; (vii) copies of all financial reports sent to RUSA's shareholders and copies of all reports and registration statements filed under the Securities and notices provided by PMC to all of its stockholdersExchange Commission; and (viiviii) such additional informationother data, reports reports, certificates and information concerning Borrowers' financial or statements operating condition or status as Lender may request from time to time requesttime. Annual financial statements Financial Statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)Fiscal Year.

Appears in 1 contract

Samples: Loan and Security Agreement (Response Usa Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (ivd) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (e) internally prepared annual financial statements for Borrower within seventy-five (75) days after the end of each of Borrower's fiscal years; (f) annual audited financial statements for PMC the Borrower prepared by PricewaterhouseCoopersEhrhxxxx Xxxfx Xxxixxx & Xattxxx X.X., or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal yearsyear; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viii) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials).statements

Appears in 1 contract

Samples: Loan and Security Agreement (Company Doctor)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a collections report and an accounts receivable aging schedule on a form reasonably acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of credits issued, and collections received; (iib) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual versus budget variance reports; (ivd) if and to the extent prepared by Borrower, annual projected, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (e) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (f) beginning with fiscal year ending December 31, 1996 annual audited financial statements for PMC the Borrower prepared by PricewaterhouseCoopersErnst & Young, LLP, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days (or one hundred fifty (150) days in the case of the 1996 audit) after the end of each of PMCBorrower's fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viii) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited GAAP. All internally prepared financial statements need not include all necessary notes shall be preliminary, unaudited and subject to financials)year end adjustments.

Appears in 1 contract

Samples: Loan and Security Agreement (BMJ Medical Management Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule Schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual audited projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for PMC prepared by PricewaterhouseCoopers, or another firm of independent public accountants reasonably satisfactory to Lender, Borrower within one hundred thirty-five ninety (13590) days after the end of each of PMCBorrower's fiscal years; (vvi) annual audited financial statements for Borrower prepared by a firm of independent public accountants satisfactory to Lender, within ninety (90) days after the end of each of Borrower's fiscal years; (vii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Gish Biomedical Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly quarterly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar monthquarter, accompanied by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersKPMG Peat Marwick, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Intensiva Healthcare Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender each of the following, on a consolidated basis: (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen twenty-five (1525) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within fortytwenty-five (4525) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports for each facility generating Accounts; (ivd) annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis), approved by Borrower’s board of directors, for the succeeding fiscal year within thirty (30) days before the end of each of Borrower’s fiscal years; (e) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower’s fiscal years; (f) annual audited financial statements for PMC Borrower, with a debt compliance letter, prepared by PricewaterhouseCoopers, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMC's Borrower’s fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (i) on the last business day of every month, evidence satisfactory to Lender that all federal and state taxes, including, without 40 limitation payroll taxes, that are due have been paid in full; and (viij) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Correctional Services Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five fifteen (4515) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (iv) a certificate of Borrowing Base (including without limitation A/R Standard Borrowing Base and A/R Term Borrowing Base) setting forth the maximum loan availability for that month within fifteen (15) days of the end of each calendar month(2), (v) a statement of net worth, certified by the chief financial officer of Borrower, within fifteen (15) days of the end of each calendar month, (vi) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days after the end of each of Borrower's fiscal years; (vii) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (viii) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersErnst & Young, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vix) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vix) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viixi) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (GAAP, except that unaudited interim financial statements need will not include all contain footnotes and other disclosures necessary notes to financials)for GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Odyssey Healthcare Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersGranx Xxxxxxxx, XXP, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (National Diagnostics Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable aging schedules within fifteen (( 15) days after the end of each calendar month; (iiic) internally prepared monthly quarterly financial statements for PMCNewCare Health Corporation, certified by the chief financial officer prepared on a consolidated basis with Borrowers and any of PMC, within forty-five (45) days of the end of each calendar monthNewCare Health Corporation's other controlled entities; (ivd) annual audited financial statements on Form 1OK for PMC NewCare Health Corporation, prepared on a consolidated basis with Borrowers and any of NewCare Health Corporation's other controlled entities prepared by PricewaterhouseCoopersLaney, or another firm of independent public Boteler and Killinger, xx xxxxx xxxxpendexx xxxxxx accountants reasonably satisfactory to Lenderthen engaged by Borrower, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (ve) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vif) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viig) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Newcare Health Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied quarterly by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersPlanxx & Xorax, or xx another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (ix) on the last business day of every month, evidence satisfactory to Lender that all federal and state taxes, including, without limitation payroll taxes, that are due have been paid in full; and (vii) such x)such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockwell Medical Technologies Inc)

Financial Statements and Collateral Reports. PMC Borrower ------------------------------------------- will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen twenty (1520) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen twenty (1520) days after the end of each calendar month; (iiic) internally prepared monthly consolidated financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by actual vs. budget variance reports; (ivd) to the extent prepared by Borrower, annual audited projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a quarterly basis) for the succeeding fiscal year no later than the last to occur of (i) thirty (30) days after the commencement of each of Borrower's fiscal years, or (ii) five (5) Business Days after such statements and reports are approved by LaserSight Incorporated's board of directors; (e) internally prepared consolidated annual financial statements for PMC prepared Borrower within seventy-five (75) days after the end of each of Borrower's fiscal years; (f) consolidated annual financial statements for Borrower audited by PricewaterhouseCoopersKPMG, LLP, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five ninety (13590) days after the end of each of PMCBorrower's fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viii) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Lasersight Inc /De)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (ivd) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower’s fiscal years; (e) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower’s fiscal years; (f) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopers, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMC's Borrower’s fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (i) on the last business day of every month, evidence satisfactory to Lender that all federal and state taxes, including, without limitation payroll taxes, that are due have been paid in full; and (viij) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Southland Health Services, Inc.)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen twenty (1520) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports for each nursing home generating Accounts; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower’s fiscal years; (v) internally prepared annual financial statements for Borrower within ninety (90) days after the end of each of Borrower’s fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersKPMG, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMC's Borrower’s fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Sunlink Health Systems Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports for each nursing home generating Accounts; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) i4nternally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopers___________________, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited GAAP.] The financial statements need not include all necessary notes reporting required pursuant to financials)this Section 6.1 shall satisfy the financial reporting requirements set forth in the Mortgages.

Appears in 1 contract

Samples: Loan and Security Agreement (LTC Healthcare Inc)

Financial Statements and Collateral Reports. PMC Borrower operates on a fiscal month ending on the dates set forth in Schedule 6.1. Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen thirty (1530) days after the end of each calendar fiscal month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen thirty (1530) days after the end of each calendar fiscal month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five sixty (4560) days of the end of each calendar fiscal month, accompanied by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower’s fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower’s fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersErnst & Young, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMC's Borrower’s fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Digirad Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (ivd) to the extent prepared by Borrower, annual audited projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (e) internally prepared annual financial statements for PMC prepared by PricewaterhouseCoopers, or another firm of independent public accountants reasonably satisfactory to Lender, Borrower within one hundred thirty-five sixty (13560) days after the end of each of PMCBorrower's fiscal years; (vf) annual audited financial statements for Borrower prepared by a firm of independent public accountants satisfactory to Lender, within ninety (90) days after the end of each of Borrower's fiscal years; (g) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (i) on the last business day of every month, evidence satisfactory to Lender that all federal and state taxes, including, without limitation payroll taxes, that are due have been paid in full; and (viij) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials).form

Appears in 1 contract

Samples: Loan and Security Agreement (Drkoop Com Inc)

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Financial Statements and Collateral Reports. PMC Borrower will -------------------------------------------- furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen twenty-five (1525) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable aging schedules within fifteen twenty-five (1525) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month (except that such financial statements for the month ending December 31 shall be furnished to Lender within sixty (60) days of the end of such calendar month), accompanied by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual audited projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for PMC prepared by PricewaterhouseCoopers, or another firm of independent public accountants reasonably satisfactory to Lender, Borrower within one hundred thirty-five sixty (13560) days after the end of each of PMCBorrower's fiscal years; (vvi) annual audited financial statements for Borrower prepared by Xxxxxx Xxxxxxxx L.L.P., or a firm of independent public accountants satisfactory to Lender, within ninety (90) days after the end of each of Borrower's fiscal years; (vii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthcor Holdings Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersArtxxx Xxdxxxxx XXP, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (ix) on the last business day of every month, evidence satisfactory to Lender that all federal and state taxes, including, without limitation payroll taxes, that are due have been paid in full; and (vii) such x)such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Celeris Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) with a request for the first Accounts Receivable Advance and during any period that any Accounts Receivable Advance remains outstanding, a sales and collections report and accounts receivable aging schedule for each Accounts Receivable Borrower on a form acceptable to Lender within fifteen thirty (1530) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts with a request for the first Accounts Receivable Advance and during any period that any Accounts Receivable Advance remains outstanding, for each Accounts Receivable Borrower, payable aging schedules within fifteen thirty (1530) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower with respect to each Facility and each Property, certified by the chief financial officer of PMCBorrower, within (A) 45 thirty (30) days of the end of each month, and (B) within forty-five (45) days of the end of each calendar monthfiscal quarter, accompanied by management analysis and actual vs. budget variance reports for the home division of Borrower and its Affiliates in total; (iv) to the extent prepared by Borrower, annual audited budgets, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years (which may be in draft form if the final form is not yet available); (v) annual internally prepared financial statements for PMC Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited consolidated and consolidating financial statements for Borrower prepared by PricewaterhouseCoopersKPMG Peat Marwick LLP, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (ix) copies of all Form 10-Ks and 10-Qs; (x) the Borrowing Base Certificates described in Section 2.1 hereof; and (viixi) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Balanced Care Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a revenue and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited towithout limitation, a report listing of credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month; (ivd) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a quarterly basis) for the succeeding fiscal year, which, on a preliminary basis, shall be delivered within thirty (30) days before the end of each of Borrower's fiscal years, with a final version to be provided on or before February 28 of the subject year; (e) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years, subject to annual audit adjustments; (f) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopers, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, and to the extent not already provided, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (i) on the last business day of every month, evidence satisfactory to Lender that all federal and state taxes, including, without limitation, payroll taxes, that are due have been paid in full; and (viij) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Idx Systems Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a collections report and an accounts receivable aging schedule on a form acceptable to Lender within fifteen twenty (1520) days after the end of each calendar month, which shall include, but not be limited to, a report of credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual versus budget variance reports; (iv) to the extent prepared by Borrower, annual projected profit and loss statements, balance sheets, and cash flow reports for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersErnst & Young LLP, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited GAAP. All internally prepared financial statements need not include all necessary notes shall be preliminary, unaudited and subject to financials)year end adjustments.

Appears in 1 contract

Samples: Loan and Security Agreement (Daou Systems Inc)

Financial Statements and Collateral Reports. PMC The Company will furnish to Lender Agent (ia) a ----------------------------------------------- sales and collections report and accounts receivable aging schedule on a in the form acceptable to Lender attached hereto as Exhibit G --------- within fifteen twenty-one (1521) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable aging schedules a Borrowing Base certificate schedule in the form attached hereto as Exhibit E within fifteen twenty-one (1521) days after the end of each calendar month, which shall --------- include, but not be limited to a computation of the Borrowing Base certified by the Chief Financial Officer of the Company as being fairly stated in all material respects; (iiic) internally prepared monthly financial statements for PMCthe Company and its consolidated Subsidiaries and combined monthly financial statements for the Mortgage Borrowers (with operating statement schedules on each Real Property), certified by the chief financial officer Chief Financial Officer of PMCthe Company, within forty-five (45) days of the end of each calendar month, accompanied by actual vs. budget variance reports for each Facility generating Accounts; (ivd) to the extent prepared by Company, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within sixty (60) days after the end of Company's fiscal year; (e) internally prepared annual financial statements for the Company and its consolidated Subsidiaries within sixty (60) days after the Company's fiscal year; (f) annual audited financial statements for PMC the Company and its consolidated Subsidiaries, prepared by PricewaterhouseCoopers, or another a firm of independent public accountants reasonably satisfactory to LenderAgent, within one hundred thirty-five twenty (135120) days after the end of each of PMCCompany's fiscal yearsyear; (vg) promptly upon receipt thereof, copies of any final reports submitted to PMC any Borrower by the independent accountants in connection with any interim audit of the books of PMC any Borrower and copies of each management control final comment letter provided to PMC any Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided sent or made available to the public generally by PMC to any of the Borrowers (including all quarterly and annual reports filed by Company with the Securities Exchange Commission); (i) within fourteen (14) days of its stockholdersthe date they are filed, copies of all cost reports filed with Medicare or Medicaid; and (viij) such additional information, reports or statements as Lender Agent may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Harborside Healthcare Corp)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (i) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen thirty (15) days 30)days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (ii) accounts payable payables aging schedules within fifteen thirty (1530) days after the end of each calendar month; (iii) internally prepared monthly financial statements for PMCBorrower, certified by the chief executive officer or the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (iv) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within ninety (90) days before the end of each of Borrower's fiscal years; (v) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (vi) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopers, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vvii) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (viviii) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viiix) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Allion Healthcare Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports; (ivd) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (e) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (f) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopers, or another a firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; (i) on the last business day of every month, evidence satisfactory to Lender that all federal and state taxes, including, without limitation payroll taxes, that are due have been paid in full; and (viij) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Star Multi Care Services Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen (15) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable aging schedules within fifteen (15) days after the end of each calendar month; (iiic) internally prepared monthly quarterly financial statements for PMCRetirement Care Associates, certified by the chief financial officer Inc., prepared on a consolidated basis with Borrowers and any of PMCRetirement Care Associates, within forty-five (45) days of the end of each calendar monthInc.'s other controlled entities; (ivd) annual audited financial statements on Form 10K for PMC Retirement Care Associates, Inc., prepared on a consolidated basis with Borrowers and any of Retirement Care Associates, Inc.'s other controlled entities prepared by PricewaterhouseCoopersRetirement Care Associates, Inc., or another firm of other independent public accountants reasonably satisfactory to Lenderthen engaged by Borrower, within one hundred thirty-five (135) days after the end of each of PMCBorrower's fiscal years; (ve) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vif) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viig) such additional information, reports or statements as Lender may from time to time reasonably request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Retirement Care Associates Inc /Co/)

Financial Statements and Collateral Reports. PMC will Borrower shall ------------------------------------------- furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a Borrower's form acceptable as it exists as of the date of execution of this Agreement unless otherwise agreed to in writing by Lender within fifteen twenty-five (1525) days after the end of each calendar month, which shall include, but not be limited to, a report of sales, credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen twenty-five (1525) days after the end of each calendar month; (iiic) internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month; (ivd) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (e) internally prepared annual financial statements for Borrower within ninety (90) days after the end of each of Borrower's fiscal years; (f) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersX.X. Xxxxxx & Co. LLP, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five (135100) days after the end of each of PMCBorrower's fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viii) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (New York Health Care Inc)

Financial Statements and Collateral Reports. PMC Borrower will furnish to Lender (ia) a sales and collections report and accounts receivable aging schedule on a form acceptable to Lender within fifteen twenty-five (1525) days after the end of each calendar month, which shall include, but not be limited towithout limitation, a report of sales, credits issued, and collections received; (iib) accounts payable payables aging schedules within fifteen twenty-five (1525) days after the end of each calendar month; (iiic) to the extent prepared by Borrower or reasonably requested by Lender, internally prepared monthly financial statements for PMCBorrower, certified by the chief financial officer of PMCBorrower, within forty-five (45) days of the end of each calendar month, accompanied by management analysis and actual vs. budget variance reports for each nursing home generating Accounts; (ivd) to the extent prepared by Borrower, annual projections, profit and loss statements, balance sheets, and cash flow reports (prepared on a monthly basis) for the succeeding fiscal year within thirty (30) days before the end of each of Borrower's fiscal years; (e) internally prepared annual financial statements for Borrower within sixty (60) days after the end of each of Borrower's fiscal years; (1) annual audited financial statements for PMC Borrower prepared by PricewaterhouseCoopersDeloitte & Touche, or another firm of independent public accountants reasonably satisfactory to Lender, within one hundred thirty-five fifty (135150) days after the end of each of PMCBorrower's fiscal years; (vg) promptly upon receipt thereof, copies of any reports submitted to PMC Borrower by the independent accountants in connection with any interim audit of the books of PMC Borrower and copies of each management control letter provided to PMC Borrower by independent accountants; (vih) as soon as available, copies of all financial statements and notices provided by PMC Borrower to all of its stockholders; and (viii) such additional information, reports or statements as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for the corresponding periods in the prior fiscal year. All financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP (except that unaudited financial statements need not include all necessary notes to financials)GAAP.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

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