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 will furnish to Lender (i) a collections report and accounts receivable aging schedule on a form acceptable to Lender as soon as available but in any event, within fifteen one hundred twenty (15120) days after the end of each calendar monthfiscal year of Borrowers, deliver financial statements of Borrowers for such year which shall includepresent fairly Borrowers’ financial condition, but not be limited toincluding the balance sheet of Borrowers as at the end of such fiscal year and a statement of cash flows and income statement for such fiscal year, all on a report consolidated basis, setting forth in the consolidated statements in comparative form, the corresponding figures as at the end of credits issuedand for the previous fiscal year, all in reasonable detail, including all supporting schedules, and collections received; audited by independent public accountants of recognized standing, selected by Borrowers and reasonably satisfactory to Lender, and prepared in accordance with GAAP; (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, as soon as available but in any event 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 fiscal quarter, deliver to Lender Borrowers’ internally prepared quarterly consolidated financial statements, along with year to date information, including a balance sheet, income statement and statement of PMC's fiscal years; cash flows with respect to the periods measured; (viii) promptly upon receipt thereofrequest, 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) deliver such additional information, reports or statements other information concerning Borrowers as Lender may from time to time request. Annual financial statements shall set forth in comparative form figures for , including Medicare and Medicaid audits, annual reports, security law filings and reports to any security holders; (iv) at least thirty (30) days prior to the corresponding periods in the prior first day of each fiscal year. All financial statements shall include , preliminary annual consolidated projections for Borrowers for such year, including a balance sheet sheet, income statement and statement of earnings cash flow and shall be Borrowing Base Availability projections, all prepared in accordance on a monthly basis; (v) thirty (30) days after the first day of each fiscal year, final annual consolidated projections for Borrowers for such year, including a balance sheet, income statement and statement of cash flow and Borrowing Base Availability projections, all prepared on a monthly basis; (vi) contemporaneously with GAAP (except that unaudited delivery of the annual financial statements need not include all necessary notes referred to financialsin clause (i) above, delivery of Borrowers’ internally prepared management reports with operating data and “Performance Indicators” used by Borrowers to operate their respective businesses, and a good standing certificate from each Borrower’s jurisdiction of organization evidencing that such Borrower remain in good standing in, and continue to be organized under the laws of, such jurisdiction; and (vii) such other data, reports, statements and information (financial or otherwise), as Lender may reasonably request.

Appears in 2 contracts

Samples: Credit Agreement (Clarient, Inc), Credit Agreement (Clarient, Inc)

Financial Statements and Collateral Reports. PMC will furnish to Such data, reports, statements and information, financial or otherwise, as Lender may reasonably request, including, without limitation: (i) a collections report (A) Within forty five (45) days after the end of each Fiscal Quarter (other than the last Fiscal Quarter in any Fiscal Year), financial information regarding Parent and accounts receivable aging schedule its consolidated subsidiaries, certified by the Chief Financial Officer of Parent, consisting of consolidated (i) unaudited balance sheets as of the close of such Fiscal Quarter and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Quarter; (ii) unaudited statements of income and cash flows for such Fiscal Quarter, setting forth in comparative form the figures for the corresponding period in the prior year and on a trailing twelve month basis, and (iii) including an income statement for Parent on a consolidated basis by business segment as currently reported by Parent, all prepared in accordance with GAAP (subject to normal year-end adjustments) and (B) within forty five (45) days after the end of each Fiscal Quarter, the actual results of operations of Borrower for the Fiscal Quarter, compared to the Projections for such Fiscal Quarter. (ii) Within ninety (90) days after the end of each Fiscal Year, audited financial statements for Parent and its Subsidiaries on a consolidated basis, consisting of balance sheets, cash flow statements and statements (including statements on a business segment basis) of income and retained earnings and, setting forth in comparative form in each case the figures for the previous Fiscal Year, which financial statements shall be prepared in accordance with GAAP and certified without qualification, by an independent certified public accounting firm of national standing and acceptable to Lender within Lender. (iii) Within fifteen (15) days after the end of each calendar monthFiscal Month, Borrowing Base Certificates, which shall include, but not be limited toamong other things, a report detailed reporting as to eligibility of credits issued, Financed Guaranteed Loans and collections received; Financed Non-Guaranteed Loans. (iiiv) accounts payable aging schedules within fifteen Within forty five (1545) days after the end of each calendar month; (iii) internally prepared monthly Fiscal Quarter, financial statements for PMCinformation regarding Borrower and its consolidated subsidiaries, certified by the chief financial officer Chief Financial Officer of PMCBorrower, within forty-five consisting of consolidated (45i) days unaudited balance sheets as of the end close of each calendar monthsuch Fiscal Quarter and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Quarter; (ivii) annual audited financial unaudited statements of income and cash flows for PMC such Fiscal Quarter, setting forth in comparative form the figures for the corresponding period in the prior year and on a trailing twelve month basis, and (iii) including an income statement for Borrower on a consolidated basis by business segment as currently reported by Parent, all as prepared by PricewaterhouseCoopers, or another firm of independent public accountants reasonably satisfactory in accordance with GAAP (subject to Lender, within one hundred thirtynormal year-five end adjustments). (135v) Within ninety (90) days after the end of each of PMC's fiscal years; (v) promptly upon receipt thereofFiscal Year, 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 audited financial statements for Borrower and notices provided by PMC to all its Subsidiaries on a consolidated basis, consisting of its stockholders; balance sheets, cash flow statements and statements (viiincluding statements on a business segment basis) such additional informationof income and retained earnings and, reports or statements as Lender may from time to time request. Annual financial statements shall set setting forth in comparative form in each case the figures for the corresponding periods in the prior fiscal year. All previous Fiscal Year, which financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP and certified without qualification, by an independent certified public accounting firm of national standing and acceptable to Lender. (except that unaudited vi) Within ninety (90) days after the end of each Fiscal Year, three-year projections for Parent and for Borrower, prepared in light of the past operations of their respective businesses, but including future payments of known contingent liabilities, prepared on a quarterly basis for the then current Fiscal Year and annually for the following two years (“Projections”). The Projections shall be based upon the same accounting principles as those used in the preparation of the financial statements need not include described above and the estimates and assumptions stated therein, all necessary notes of which Parent and Borrower each believe to financials)be reasonable and fair in light of current conditions and current facts known to Parent and Borrower, as applicable, and reflect Parent’s and Borrower’s good faith and reasonable estimates of the future financial performance of Parent and Borrower, respectively, for the periods set forth therein.

Appears in 2 contracts

Samples: Loan Agreement (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services, Inc.)

Financial Statements and Collateral Reports. PMC will furnish to Such data, reports, statements and information, financial or otherwise, as Lender may reasonably request, including, without limitation: (i) a collections report (A) Within forty five (45) days after the end of each Fiscal Quarter (other than the last Fiscal Quarter in any Fiscal Year), financial information regarding Parent and accounts receivable aging schedule its consolidated subsidiaries, certified by the Chief Financial Officer of Parent, consisting of consolidated (i) unaudited balance sheets as of the close of such Fiscal Quarter and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Quarter; (ii) unaudited statements of income and cash flows for such Fiscal Quarter, setting forth in comparative form the figures for the corresponding period in the prior year and on a trailing twelve month basis, and (iii) including an income statement for Parent on a consolidated basis by business segment as currently reported by Parent, all prepared in accordance with GAAP (subject to normal year-end adjustments) and (B) within forty five (45) days after the end of each Fiscal Quarter, the actual results of operations of Borrower for the Fiscal Quarter, compared to the Projections for such Fiscal Quarter. (ii) Within ninety (90) days after the end of each Fiscal Year, audited financial statements for Parent and its Subsidiaries on a consolidated basis, consisting of balance sheets, cash flow statements and statements (including statements on a business segment basis) of income and retained earnings and, setting forth in comparative form in each case the figures for the previous Fiscal Year, which financial statements shall be prepared in accordance with GAAP and certified without qualification, by an independent certified public accounting firm of national standing and acceptable to Lender within Lender. (iii) Within fifteen (15) days after the end of each calendar monthFiscal Month Borrowing Base Certificates, which shall include, but not be limited toamong other things, a report detailed reporting as to eligibility of credits issued, Financed Guaranteed Loans and collections received; Financed Non-Guaranteed Loans. (iiiv) accounts payable aging schedules within fifteen Within forty five (1545) days after the end of each calendar month; (iii) internally prepared monthly Fiscal Quarter, financial statements for PMCinformation regarding Borrower and its consolidated subsidiaries, certified by the chief financial officer Chief Financial Officer of PMCBorrower, within forty-five consisting of consolidated (45i) days unaudited balance sheets as of the end close of each calendar monthsuch Fiscal Quarter and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Quarter; (ivii) annual audited financial unaudited statements of income and cash flows for PMC such Fiscal Quarter, setting forth in comparative form the figures for the corresponding period in the prior year and on a trailing twelve month basis, and (iii) including an income statement for Borrower on a consolidated basis by business segment as currently reported by Parent, all as prepared by PricewaterhouseCoopers, or another firm of independent public accountants reasonably satisfactory in accordance with GAAP (subject to Lender, within one hundred thirtynormal year-five end adjustments). (135v) Within ninety (90) days after the end of each of PMC's fiscal years; (v) promptly upon receipt thereofFiscal Year, 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 audited financial statements for Borrower and notices provided by PMC to all its Subsidiaries on a consolidated basis, consisting of its stockholders; balance sheets, cash flow statements and statements (viiincluding statements on a business segment basis) such additional informationof income and retained earnings and, reports or statements as Lender may from time to time request. Annual financial statements shall set setting forth in comparative form in each case the figures for the corresponding periods in the prior fiscal year. All previous Fiscal Year, which financial statements shall include a balance sheet and statement of earnings and shall be prepared in accordance with GAAP and certified without qualification, by an independent certified public accounting firm of national standing and acceptable to Lender. (except that unaudited vi) Within ninety (90) days after the end of each Fiscal Year, three-year projections for Parent and for Borrower, prepared in light of the past operations of their respective businesses, but including future payments of known contingent liabilities, prepared on a quarterly basis for the then current Fiscal Year and annually for the following two years (“Projections”). The Projections shall be based upon the same accounting principles as those used in the preparation of the financial statements need not include described above and the estimates and assumptions stated therein, all necessary notes of which Parent and Borrower each believe to financials)be reasonable and fair in light of current conditions and current facts known to Parent and Borrower, as applicable, and reflect Parent’s and Borrower’s good faith and reasonable estimates of the future financial performance of Parent and Borrower, respectively, for the periods set forth therein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Newtek Business Services, Inc.), Loan and Security Agreement (Newtek Business Services Inc)

Financial Statements and Collateral Reports. PMC will furnish to Such data, reports, statements and information, financial or otherwise, as Lender may reasonably request, including, without limitation: (A) Within forty five (45) days after the end of each Fiscal Quarter, financial information regarding Parent and its consolidated subsidiaries, certified by the Chief Financial Officer of Parent, consisting of consolidated (i) a collections report unaudited balance sheets as of the close of such Fiscal Quarter and accounts receivable aging schedule the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Quarter; (ii) unaudited statements of income and cash flows for such Fiscal Quarter, setting forth in comparative form the figures for the corresponding period in the prior year and on a trailing twelve month basis, and (iii) including an income statement for Parent on a consolidated basis by business segment as currently reported by Parent, all prepared in accordance with GAAP (subject to normal year-end adjustments). (B) Within forty five (45) days after the end of each Fiscal Quarter, the actual results of operations of Borrower for the Fiscal Quarter, compared to the Projections for such Fiscal Quarter. (ii) Within ninety (90) days after the end of each Fiscal Year, audited Financial Statements for Parent and its Subsidiaries on a consolidated basis, consisting of balance sheets, cash flow statements and statements (including statements on a business segment basis) of income and retained earnings and, setting forth in comparative form in each case the figures for the previous Fiscal Year, which Financial Statements shall be prepared in accordance with GAAP and certified without qualification, by an independent certified public accounting firm of national standing and acceptable to Lender within Lender. (iii) Within fifteen (15) days after the end of each calendar monthFiscal Month a Borrowing Base Certificate, which shall include, but not be limited to, a report include detailed reporting as to eligibility 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)Financed SBA Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business 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 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 (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 (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 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 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)

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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 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)

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 (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 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 (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 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)

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