Financial Statements and Other Documents. Borrower shall deliver to Lenders in form and detail satisfactory to Required Lenders:
(a) Within 45 days of the end of each fiscal quarter (except the last fiscal quarter of each fiscal year), Borrower's consolidated unaudited financial statements for such quarter, and, within 90 days of the end of Borrower's fiscal year, Borrower's consolidated audited financial statements for such period, certified by Borrower's Chief Financial Officer or Treasurer as fairly presenting in all material respects, in accordance with GAAP (subject, in the case of unaudited financial statements, to ordinary, good faith year-end adjustments and to the absence of footnote disclosure), the financial position and results of operations of Borrower and together, in each case, with a certificate of the Chief Financial Officer of Borrower stating that the representations and warranties herein are true and correct in all material respects as of the date of such certificate and that no Default has occurred and is continuing or, if a default has occurred and is continuing, a statement as to the nature thereof and the action that Borrower has taken and proposes to take with respect thereto and setting forth in reasonable detail satisfactory to Required Lenders the calculations demonstrating compliance with Sections 6.13 through 6.16;
(b) Promptly upon receipt thereof, any financial statements of Borrower distributed to other lenders or financing parties;
(c) On or prior to each Calculation Date, a Collateral Servicing Report certified as true and correct by an officer of Borrower and including the calculation of the Borrowing Base as of such Calculation Date and certifying such calculation as true and correct.
(d) Promptly upon preparation thereof, a copy of each other report, if any, submitted to Borrower by independent accountants in connection with any annual, interim or special audit made by them of the books of Borrower;
(e) Promptly after its submission, copies of any other information or documents regularly provided by Borrower to any of its other lenders or holders of Borrower's Debt;
(f) Promptly upon receipt thereof, copies of any other information or documents received by Borrower pursuant to any Securitization Document (including, without limitation, monthly servicing reports with respect to each Securitization);
(g) With reasonable promptness, such other financial data and information as any Lender may reasonably request; and
(h) Promptly upon receipt thereof, (i) copies of...
Financial Statements and Other Documents. Borrower shall furnish or cause to be furnished to Lender:
Financial Statements and Other Documents. 63 SECTION 10.9. UBTI...............................................63 SECTION 10.10. ERISA.............................................64 SECTION 10.11.
Financial Statements and Other Documents. Each Member represents and warrants that financial statements of and all other documents, certificates and statements submitted or delivered by or on behalf of such Member in connection with the transactions contemplated by this Agreement are true, complete and correct in all material respects. Each such financial statement has been prepared in accordance with generally accepted accounting practices and fairly represents the financial condition of the subject thereof in all material respects. There has been no material adverse change in any of such information from the date thereof until the date of this Agreement.
Financial Statements and Other Documents. Within forty eight (48) hours after execution of this Agreement, Seller shall provide the financial documentation provided on Schedule 3.10 to reasonably back up compiled financial statements of Seller for the period from October 1, 2004 to December 30, 2005. As soon as possible after execution of this Agreement, but in no event later than twenty (20) days from the execution of this Agreement Seller shall provide the compiled financial statements of Seller (the "Seller Financial Statements"), including balance sheets, statements of operations, statements of retained earnings for the period ended December 31, 2005 and for the interim period ended March 31, 2006 (said balance sheets being hereinafter referred to as the "Seller Balance Sheet"). The Seller Financial Statements are true, correct and complete, in all material respects, were prepared in accordance with generally accepted accounting principles consistently applied throughout the periods indicated, and accurately reflect Seller's financial condition and the results of Seller's operations for the periods and as the dates which they purport to cover. Seller’s makes no representation whatsoever of the future or past performance of the Business, or any of the Business’ customers or clients, based on historical financial data or results, or otherwise. Seller understands that Buyer is required to file audited financial statements auditing the two previous fiscal years and year to date of Seller within seventy two (72) days of Closing. Seller make a good faith effort to provide Buyer with access to any and all documentation necessary to complete the audited financial statements, including but not limited to a copy of employer records and workers' compensation records relating to employees hired by the Buyer, sales records, marketing records, accounting and financial records, and maintenance and production records. .
Financial Statements and Other Documents. 11 4.2. EXISTENCE; COMPLIANCE WITH LAWS; ETC....................................12 4.3. MAINTAIN PROPERTY.......................................................12 4.4. INSURANCE...............................................................13 4.5. RECORDKEEPING; RIGHTS OF INSPECTION.....................................13
Financial Statements and Other Documents. 13.4.1 The Issuer shall provide to the Fiscal Agent, in accordance with the Conditions, a copy of its Semi-Annual Unaudited Financial Statements and Annual Audited Financial Statements and any other documents (including, without limitation, any certificates and notices) that are required to be given by the Issuer to the Fiscal Agent pursuant to the Conditions.
13.4.2 The Fiscal Agent shall make available for inspection by Securityholders upon prior written notification and satisfactory proof of holding during business hours copies of any Semi-Annual Unaudited Financial Statements, Annual Audited Financial Statements and any other documents provided to it by the Issuer pursuant to Clause 13.4.1.
Financial Statements and Other Documents. The Owners covenant and agree to furnish to each other promptly upon request, after the same are available, copies of all annual and periodic financial reports that are not confidential which each Owner provides to banks or other financial institutions. The Owners shall cooperate to make available on a limited, restricted and controlled basis such confidential information as may be required for other Owners’ financing or to meet other Owners’ legal responsibilities.
Financial Statements and Other Documents. Borrower shall deliver to Lenders in form and detail satisfactory to Required Lenders:
Financial Statements and Other Documents. The Investors have been furnished with complete and correct copies of the following:
(a) Audited Balance sheet of the Company as of December 31, 1999, together with the related audited statements of income, cash flows and stockholders' equity for the year then ended;
(b) Unaudited balance sheet of the Company as of June 30, 2000 (the "Balance Sheet Date"), together with the related unaudited statement of income for the six-month period then ended; and
(c) Pro forma financial projections (the "Projections") included in the Private Placement Memorandum.
(i) are in accordance with the books and records of the Company, (ii) have been prepared in accordance with GAAP consistently applied and (iii) fairly present the financial condition of the Company at the dates thereof and the results of its operations for the periods covered thereby, except that the financial statements referred to in clause (b) above do not contain footnotes and are subject to normal year-end adjustments. The Projections were based on (i) assumptions and accounting methods consistent with the Financial Statements described in paragraph (a) above and (ii) on the financing contemplated hereby. Actual results may vary materially from the Projections and the Corporation represents only that the Projections were prepared in good faith and are based on a set of assumptions believed by the Company to be reasonable as of the date hereof.
