Financial Statements and other Reporting Requirements. The Company ----------------------------------------------------- shall furnish to the Bank:
(a) as soon as available to the Company, but in any event within 90 days after the end of each of its fiscal years, a consolidated and consolidating balance sheet as of the end of each such year, and a related consolidated and consolidating statement of income, changes in stockholders' equity and cash flow for such year, audited and certified by Xxxxxx Xxxxxxxx & Co. (or other independent certified public accountants acceptable to the Bank) in the case of such consolidated statements, and certified by the chief financial officer in the case of such consolidating statements; and, concurrently with such financial statements, a copy of said certified public accountants' management report;
(b) as soon as available to the Company, but in any event within 30 days after the end of each month, (i) a consolidated and consolidating balance sheet as of the end of each such fiscal quarter, and a related consolidated and consolidating statement of income for the period then ended, certified by the principal financial officer of the Company but subject, however, to normal, recurring yearend adjustments that shall not in the aggregate be material in amount and (ii) a borrowing base report substantially in the form of Exhibit E; ----------
(c) as soon as available to the Company, but in any event within 30 days after the end of each of its fiscal quarters, a report in substantially the form of Exhibit F hereto signed on behalf of the Company by its chief financial --------- officer;
(d) promptly after the receipt thereof by the Company, copies of any reports submitted to the Company by independent public accountants in connection with any interim review of the accounts of the Company made by such accountants;
(e) promptly alter the same are available, copies of all proxy statements, financial statements and reports as the Company may file with the Securities and Exchange Commission or any governmental authority at any time having jurisdiction over the Company or its Subsidiaries;
(f) if and when the Company gives or is required to give notice to the PBGC of any "Reportable Event" (as defined in Section 4043 of ERISA) with respect to any Plan that might constitute grounds for a termination of such Plan under Title IV of ERISA, or knows that any member of the Controlled Group or the plan administrator of any Plan has given or is required to give notice of any such Reportable Event, ...
Financial Statements and other Reporting Requirements. The Borrower shall furnish to the Lender:
(a) as soon as practicable, but in any event not later than one hundred five (105) days after the end of each fiscal year of the Borrower (provided, however, that if such document is required to be delivered to the Securities and Exchange Commission prior to such date such document shall be provided to Lender promptly after delivery thereof to the Securities and Exchange Commission), the consolidated balance sheet of the Borrowers and their Subsidiaries, and the consolidating balance sheet of the Borrowers and their Subsidiaries each as at the end of such year, and the related consolidated statement of income and consolidated statement of cash flow and, upon the Lender’s request, the consolidating statement of income and consolidating statement of cash flow for such year, each setting forth in comparative form the figures for the previous fiscal year, and all such consolidated and consolidating statements to be in reasonable detail, prepared in accordance with GAAP, and certified (with respect to the consolidated financial statements only) without qualification and without an expression of uncertainty as to the ability of each of the Borrowers or any of their Subsidiaries to continue as going concerns, by independent certified public accountants satisfactory to the Lender (it being understood that to the extent the Borrowers’ Form 10-K filed with the Securities and Exchange Commission within such 105 day period contains all of the foregoing information, the Borrowers’ providing a copy of such Form 10-K and any document incorporated therein by reference to the Lender shall be sufficient);
(b) as soon as practicable, but in any event not later than sixty (60) days after the end of each of the fiscal quarters of the Borrower (provided, however, that if such document is required to be delivered to the Securities and Exchange Commission prior to such date, such document shall be provided to Lender promptly after delivery thereof to the Securities and Exchange Commission), copies of the unaudited consolidated balance sheet of the Borrowers and their Subsidiaries and, upon Lender’s request, the unaudited consolidating balance sheet of the Borrowers and their Subsidiaries, each as at the end of such quarter, and the related consolidated statement of income and consolidated statement of cash flow and, upon the Lender’s request, consolidating statement of income and cash flow for the portion of the Borrowers’ fiscal year the...
Financial Statements and other Reporting Requirements. The Seller shall furnish to the Buyer:
(a) as soon as available, but in any event within one hundred twenty (120) days after the end of each fiscal year of the Seller, a balance sheet as of the end of, and a related statement of income, changes in stockholders' equity and cash flow for, such fiscal year, prepared in accordance with GAAP and certified by the chief financial officer of the Seller and the controller of Northeast Utilities;
(b) as soon as available, but in any event within forty-five (45) days after the end of each fiscal quarter of the Seller, a balance sheet as of the end of, and a related statement of income, changes in stockholders' equity and cash flow for, the portion of the fiscal year then ended and for the fiscal quarter then ended, prepared in accordance with GAAP and certified by the chief financial officer of the Seller, but subject, however, to normal, recurring year-end adjustments that shall not in the aggregate be material in amount;
(c) concurrently with the delivery of each financial statement pursuant to subsections (a) and (b) of this section, a certification signed on behalf of the Seller by its chief financial officer that no Default or Event of Default has occurred or, if it has, a statement of the actions taken by the Seller with respect thereto; and
(d) immediately upon first obtaining knowledge of the existence of any conditions, litigation, investigation pending or threatened, (i) constituting a Default or Event of Default under this Agreement or any other Purchase Document, or (ii) which has had or reasonably could be expected to have a Material Adverse Effect, and in any event within five (5) days after obtaining such knowledge, written notice of such condition or event specifying the nature and duration thereof and the action or proposed to be taken with respect thereto (and including a copy of any notice of such condition or event received by the Seller).
Financial Statements and other Reporting Requirements. 44- Section 5.1 - MONTHLY FINANCIAL STATEMENTS..........................-44- Section 5.2 - QUARTERLY FINANCIAL STATEMENTS........................-45- Section 5.3 - ANNUAL FINANCIAL STATEMENTS...........................-45- Section 5.4 - REGULAR OFFICER'S CERTIFICATE.........................-46- Section 5.5 - CERTAIN OTHER FINANCIAL INFORMATION...................-47- Section 5.6 - ADDITIONAL ACCOUNTANTS INFORMATION....................-47- Section 5.7 - SPECIAL OFFICER'S CERTIFICATE.........................-47- Section 5.8 - BUSINESS PLANS........................................-47- Section 5.9 - PUBLIC COMMUNICATIONS.................................-48- Section 5.10 - SENIOR LENDER INFORMATION............................-48- Section 5.11 - CERTAIN PLAN-RELATED NOTICES.........................-48- Section 5.12 - ADJUSTMENTS AND RECONCILIATIONS......................-48- Section 5.13 - MERGER DOCUMENT NOTICES..............................-48- Section 5.14 - KEY MAN POLICY.......................................-49- Section 5.15 - FUNDAMENTAL CHANGES..................................-49- Section 5.16 - TAX AGREEMENT PAYMENTS...............................-49- Section 5.17 - ADDITIONAL INFORMATION...............................-49- ARTICLE VI - AFFIRMATIVE COVENANTS........................................-49- Section 6.1 - PRESERVATION OF EXISTENCE.............................-49- Section 6.2 - MAINTENANCE OF ASSETS.................................-50- Section 6.3 - MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS...........-50- Section 6.4 - PAYMENTS OF TAXES; LIENS..............................-50- Section 6.5 - COMPLIANCE WITH CONTRACTS AND AGREEMENTS..............-50- Section 6.6 - COMPLIANCE WITH THE OBWC CONTRACTS....................-50- Section 6.7 - COMPLIANCE WITH LAWS..................................-50- Section 6.8 - COMPLIANCE WITH ENVIRONMENTAL AND SAFETY REQUIREMENTS.-50- Section 6.9 - MAINTENANCE OF ADEQUATE INSURANCE COVERAGE............-50- Section 6.10 - MAINTENANCE OF BOOKS AND RECORDS.....................-52- Section 6.11 - INSPECTION OF PROPERTY...............................-52- Section 6.12 - MAINTENANCE OF BACK-UP AND CONTINGENCY DATA FACILITIES...........................................-52- Section 6.13 - COMPLIANCE WITH AGREEMENTS...........................-52- Section 6.14 - [INTENTIONALLY DELETED]..............................-52- Section 6.15 - COMPLIANCE WITH THE INTERCREDITOR AGREEMENT..........-52- Section 6.16 - INFORMATION REQUESTS.....
Financial Statements and other Reporting Requirements. The Borrower and the Company shall deliver to the Purchaser the following financial statements and other information:
Financial Statements and other Reporting Requirements. Borrower shall furnish to the Banks in form and detail satisfactory to Agent and the Requisite Banks:
(a) as soon as available, but in any event within ninety (90) days after the end of each of its fiscal years, a consolidated balance sheet as of the end of, and related consolidated statements of income, changes in stockholders' equity and cash flow for, such year, audited and certified by Price Waterhouse (or other independent certified public accountant acceptable to Agent); and, concurrently with such financial statements, a copy of said certified public accountant's management report;
(b) as soon as available, but in any event within forty-five (45) days after the end of each of its fiscal quarters, a consolidated balance sheet as of the end of, and a related
Financial Statements and other Reporting Requirements. The Borrowers shall furnish to the Agent and, as to clauses (a), (b) and (c) below, the Banks:
Financial Statements and other Reporting Requirements. The Company will furnish to the Lender:
(a) as soon as available to the Company, but in any event within 120 days after the end of each of its fiscal years, a balance sheet of the Company as of the end of, and a related statement of operations, changes in stockholders’ equity and cash flows for, such year, audited and certified by PricewaterhouseCoopers LLP or other independent certified public accountants; and
(b) as soon as available to the Company, but in any event within 30 days after the end of each month, a balance sheet of the Company as of the end of, and a related statement of operations for, the period then ended, accompanied by a certificate of the chief financial officer of the Company certifying that such statements (i) have been prepared in conformity with GAAP applied on a consistent basis throughout the periods specified and (ii) present fairly the financial position and results of operations of the Company as of the dates thereof and for the period then-ended, subject in each case to year-end audit adjustments.
Financial Statements and other Reporting Requirements. The Borrower ------------------------------------------------------ shall furnish to the Bank:
(a) as soon as available to the Borrower, but in any event within 90 days after the end of each of its fiscal years, a balance sheet as of the end of, and a related statement of income, changes in stockholders' equity and cash flow for, such year, audited and unqualified by Coopers & Xxxxxxx (or other independent certified public accountants acceptable to the Bank); and, concurrently with such financial statements, a copy of said certified public accountants' management report and a written statement by such accountants that, in the making of the audit necessary for their report and opinion upon such financial statements they have obtained no knowledge of any Default or, if in the opinion of such accountants any such Default exists, they shall disclose in such written statement the nature and status thereof;
(b) as soon as available to the Borrower, but in any event within 45 days after the end of each fiscal quarter, a balance sheet as of the end of, and a related statement of income for the period then ended;
(c) concurrently with the delivery of each financial statement pursuant to subsections (a) and (b) of this Section 5.1, a report in substantially the form of Exhibit 5.1(c) hereto signed on behalf of the Borrower by its chief financial -------------- officer;
Financial Statements and other Reporting Requirements. Each Borrower shall furnish to the Lender:
(a) within 5 days after the end of each month, a duly executed Borrowing Base Certificate;
(b) each week, an Inventory Report in the form of Exhibit 5.1
