Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Credit Party to Lender for its most recently ended Fiscal Year and Fiscal Quarter, are true, correct and complete and reflect fairly and accurately the financial condition of such Credit Party as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Corporate Credit Party to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower and any other Credit Party to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by any Borrower or any other Credit Party to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by Borrowers to Lender for its most recently ended Fiscal Year, Fiscal Quarter or and Fiscal Month, as applicable, are true, correct and complete and reflect fairly and accurately the financial condition of Borrowers as of the date of each such Financial Statement in accordance with GAAP with the exception that the monthly statements do not include full note disclosure or tax accruals. The Projections most recently delivered by Borrowers to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections; and
Financial Statements and Projections; Books and Records. Borrower has delivered as of the Closing Date (a) the Financial Statements for its Fiscal Year ending September 27, 1998, and the Fiscal Month ending September 26, 1999, which Financial Statements are true, correct, and complete and fairly and accurately present the financial condition of Borrower as of the date of each Financial Statement, in accordance with GAAP, and (b) the Projections, which Projections have been prepared in good faith and are based upon facts and assumptions that are reasonable under the current and foreseeable circumstances and are disclosed in the Projections.
Financial Statements and Projections; Books and Records. (a) The following financial statements have been delivered by Borrower and Holdings, as applicable, to Lender prior to the Closing Date: (i) Borrower’s audited, non-consolidated balance sheet for the fiscal years ended December 31, 2006 and December 31, 2007 and the related non-consolidated statements of income and cash flows for the periods then ended (the “Audited Financials”): (ii) Borrower’s unaudited, non-consolidated balance sheet for the five month period ended May 31, 2008 (the “FVA Balance Sheet”) and (iii) the unaudited, non-consolidated balance sheet of Holdings for the fiscal year ended December 31, 2007 and the related unaudited, non-consolidated income statement for the period then ended, and the unaudited, consolidated balance sheet of Holdings for the fiscal year ended December 31, 2007 and the related unaudited, consolidated income statement for the period then ended (collectively, the “Unaudited Holdings Financials”). The Audited Financials have been prepared in accordance with GAAP and fairly present the financial position, results of operations and cash flows of Borrower, on a non- consolidated basis, as of the dates and for the periods indicated. The Unaudited Holdings Financials have been prepared by management of the Company in accordance with GAAP (except for the absence of footnote disclosure and any year end audit adjustments) and fairly present the financial position, results of operations and cash flows of Holdings, on a non- consolidated basis, as of the dates and for the periods indicated. The FVA Balance Sheet has been prepared by management of the Company.
Financial Statements and Projections; Books and Records. All Financial Statements are true, correct and complete and reflect fairly and accurately the financial condition of Borrower (on a consolidated basis) as of the date thereof in accordance with GAAP, except (solely with respect to any interim Financial Statements) the absence of footnotes and normal year-end adjustments. Borrower shall keep adequate Books and Records with respect to the Collateral and its business activities in which proper entries, reflecting all consolidated and consolidating financial transactions, and payments and credits received on, and all other dealings with, the Collateral, will be made in accordance with GAAP and all Requirements of Law and on a basis consistent with the Financial Statements.
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Corporate Credit Party to Lender for its most recently ended Fiscal Year and Fiscal Quarter, are true, correct and complete and reflect fairly and accurately the financial condition of such Corporate Credit Party as of the date of each such Financial Statement in accordance with GAAP. Except as reflected in the Financial Statements and/or on Disclosure Schedule 9(b), no Corporate Credit Party has obligations for borrowed funds or long term capital leases or other liabilities for the payment of money except nominal accruals for operating expenses not exceeding $50,000 in the aggregate. The Projections most recently delivered by each Corporate Credit Party to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by Borrower to Lender for its most recently ended Fiscal Year, are true, correct and complete in all material respects and reflect fairly and accurately, in all material respects, the consolidated financial condition of Parent and its Subsidiaries as of the date of each such Financial Statement in accordance with GAAP, except for any interim financial statements, the absence of notes and normal year-end adjustments. The Projections most recently delivered by Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender.
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its and for each Predecessor Company's Fiscal Year and Fiscal Month most recently ended prior to September 30, 1999, are true, correct and complete and reflect fairly and accurately the financial condition of such Person as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections. The pro forma balance sheets delivered under the terms of Section 2.1(j) were prepared by Leading Borrower based on the unaudited balance sheets of the Leading Borrower, NLAC and the Predecessor Companies dated June 30, 1999 and were prepared in accordance with GAAP, with only such adjustments thereto as would be required in accordance with GAAP.
