Financial Statements; Certificates. The Borrower shall furnish to the Administrative Agent, who shall forward to each Lender:
(a) as soon as practicable, but in any event within 120 days after the end of each fiscal year of the Borrower, a copy of the consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such year and the related consolidated statements of income, retained earnings and cash flows for such year, setting forth in each case in comparative form the figures for the previous year, reported on without a qualification arising out of the scope of the audit, by PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing;
(b) as soon as practicable, but in any event not later than 90 days after the end of each of the first three quarterly periods of each fiscal year of the Borrower, the unaudited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such quarter and the related unaudited consolidated statements of income and retained earnings and of cash flows of the Borrower and its consolidated Subsidiaries for such quarter and the portion of the fiscal year through the end of such quarter, setting forth in each case in comparative form the figures for the previous year certified by a Responsible Officer as being fairly stated in all material respects (subject to normal year-end audit adjustments);
(c) within fourteen days after the same are sent, copies of all financial statements and reports which the Borrower sends to its stockholders generally, and within three days after the same are filed, notice by electronic mail of the filing of any financial statements and reports which the Borrower may make to, or file with, the Securities and Exchange Commission or any successor or analogous Governmental Authority;
(d) promptly, such additional financial and other information as the Administrative Agent or any Lender through the Administrative Agent may from time to time reasonably request; and
(e) concurrently with the delivery of any quarterly or annual financial statements pursuant to this Section 6.1, a certificate of a Responsible Officer (i) stating that, to the best of each such Responsible Officer's knowledge, the Borrower during such period has observed or performed all of its covenants and other agreements in this Agreement and the other Loan Documents to be observed or performed by it, and that such Responsible Officer has obtained no knowledge of a...
Financial Statements; Certificates. Guarantor will cause to be delivered to Landlord and Lender, for itself, each of the financial statements, notices and other information required to be delivered by Tenant pursuant to Section 6.2(b) of the Lease. In addition, Guarantor agrees upon prior written request to meet with Landlord and Lender during normal business hours at mutually convenient times, from time to time, to discuss such information about Guarantor's business and financial condition requested by Landlord or Lender.
Financial Statements; Certificates. Guarantor will cause to be delivered to Lessor and Lender, for itself, each of the financial statements, notices and other information required to be delivered by Lessee pursuant to Section 14 of the Lease, as if such statements, notices and other information were set out in full herein. In addition, Guarantor agrees upon prior written request to meet with Lessor during normal business hours at mutually convenient times, from time to time, to discuss such information about Guarantor's business and financial condition requested by Lessor.
Financial Statements; Certificates. 32 6.2. COMPLIANCE; MAINTENANCE OF EXISTENCE...........................................................33 6.3. INSPECTION OF PROPERTY; BOOKS AND RECORDS; DISCUSSIONS.........................................33 6.4. NOTICES ......................................................................................33 6.5. LIMITATION ON FUNDAMENTAL CHANGES..............................................................34 6.6.
Financial Statements; Certificates. The Purchaser shall furnish to the Agents and each Lender, in form and detail satisfactory to the Administrative Agent and the Required Lenders:
(i) as soon as available, but in any event within thirty (30) days after the end of each calendar month (or forty five (45) days in the case of any month that is also the last month of a fiscal quarter), a balance sheet of the Purchaser as at the end of such fiscal month, and the related statement of income or operations and a statement of cash flows for such fiscal month and for the portion of the fiscal year of the Purchaser then ended, all in reasonable detail, such statements to be certified by a Financial Officer of the Purchaser as fairly presenting the financial condition, results of operations and cash flows of the Purchaser in accordance with GAAP, except as listed on Schedule 5.01 to the Credit Agreement; and
(ii) concurrently with the delivery of the financial statements referred to in Section 5.3(a)(i), an Officer’s Certificate signed by a Financial Officer of the Purchaser certifying that no Default or Event of Default has occurred or is continuing, or, if any such Default or Event of Default shall exist, stating the nature and status of such event.
Financial Statements; Certificates. 76 E. No Material Adverse Effect.......................................................... 76 F.
Financial Statements; Certificates. On or before the Restatement Closing Date, the Company shall have delivered to the Agent, on behalf of the Lenders, the following:
(i) the financial statements referred to in subsection 4.3;
(ii) a Compliance Certificate dated as of the Restatement Closing Date with respect to the twelve months ending November 30, 1997; and
(iii) a Borrowing Base Certificate dated as of the Restatement Closing Date.
Financial Statements; Certificates. Deliver to the Lender, in form and detail reasonably satisfactory to the Lender, the financial statements and other documents, notices and certificates (a) described in Sections 6.01(a) and (b) and 6.02(a) of the Incorporated Agreement, and (b) as otherwise required in Sections 6.01, 6.02 and 6.03 of the Incorporated Agreement, within the time limits stipulated within such sections. As similarly provided in the Incorporated Agreement, documents required to be delivered pursuant to Sections 6.01(a) or (b) or Section 6.02(c) of the Incorporated Agreement (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the Internet at the website address listed on Schedule 8.02; or (ii) on which such documents are posted on the Borrower’s behalf on IntraLinks/IntraAgency or another relevant website, if any, to which the Lender has access (whether a commercial, third-party website or whether sponsored by the Lender); provided that: (i) the Borrower shall deliver paper copies of such documents to the Lender if it requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Lender and (ii) the Borrower shall notify (which may be by facsimile or electronic mail) the Lender of the posting of any such documents and provide to the Lender by electronic mail electronic versions (i.e., soft copies) of such documents. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificates required by Section 6.02(a) of the Incorporated Agreement to the Lender.
Financial Statements; Certificates. The Borrower shall furnish to the Administrative Agent, who shall forward to each Lender:(a)as soon as practicable, but in any event within 90 days after the end of each fiscal year of the Borrower, a copy of the consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such year and the related consolidated statements of income, retained earnings and cash flows for such year, setting forth in each case in comparative form the figures for the previous year, reported on without a qualification arising out of the scope of the audit, by PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing;
Financial Statements; Certificates. 69 D. No Material Adverse Effect........................ 69 E. Opinions of the Borrower's Counsel................ 69 F.
