Financial Statements Delivered. The Company has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and comprehensive income and cash flows (i) as of and for the fiscal year ended March 31, 2017, reported on by independent public accountants, and (ii) as of and for the fiscal quarter and the portion of the fiscal year ended June 30, 2017. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) of this Section 3.04(a).
Financial Statements Delivered. Section 3.15(a) of the Disclosure Schedule contains true and complete copies of the following financial statements and any detailed audit reports, management letters or recommendations submitted to the board of directors of any member of the Seller Group by independent accountants in connection with the accounts or books of any member of the Seller Group or audit of any of them:
(i) the audited consolidated balance sheet of OFS ES as of December 31, 2009, and the audited consolidated statements of income, partners’ equity and cash flows of OFS ES for the year ended December 31, 2009, and the report of UHY LLP, independent auditors thereon;
(ii) the audited consolidated balance sheets of Xxxxx Energy Services, LLC and its subsidiaries as of December 31, 2007 and 2008, and the audited consolidated statements of income, partners’ equity and cash flows of Xxxxx Energy Services, LLC for the years ended December 31, 2007 and 2008, and the report of UHY LLP, independent auditors thereon;
(iii) the audited consolidated balance sheets of Swan Energy Services, LLC and its subsidiaries as of December 31, 2007 and 2008, and the audited consolidated statements of income, partners’ equity and cash flows of Swan Energy Services, LLC for the years ended December 31, 2007 and 2008, and the report of UHY LLP, independent auditors thereon;
(iv) the audited consolidated balance sheet of QCP Energy Services, LLC as of December 31, 2008, and the audited consolidated statements of income, partners’ equity and cash flows of QCP Energy Services, LLC for the year ended December 31, 2008, and the report of UHY LLP, independent auditors thereon (collectively, the financial statements referred to in clauses (i) through (iv), the “Audited Financial Statements”);
(v) the Pro Forma Unaudited Balance Sheet.
Financial Statements Delivered. Section 4.9(a) of Partner Company Disclosure Schedule contains true and complete copies of the following financial statements: unaudited combined balance sheets of Subject Partner Companies as of December 31, 2009 and 2010 and as of the Balance Sheet Date (the “Balance Sheet”) and the unaudited combined statements of income, stockholders’ equity and cash flows of Subject Partner Companies for each of the four years ended December 31, 2011 (collectively, the “Subject Partner Company Financial Statements”). The Subject Partner Company Financial Statements are true, complete and correct in all material respects and fairly present in all material respects in accordance with GAAP: (i) the combined financial position of Subject Partner Companies as of December 31, 2009 and 2010 and as of the Balance Sheet Date, as the case may be, and (ii) the combined results of operations, stockholders’ equity and cash flows of Subject Partner Companies for the four years ended December 31, 2011.
Financial Statements Delivered. Section 4.9(a) of Partner Company Disclosure Schedule contains true and complete copies of the following financial statements: unaudited combined balance sheets of Subject Partner Companies as of December 31, 2009 and 2010 and as of the Balance Sheet Date (the “Balance Sheet”) and the unaudited combined statements of income, stockholders’ equity and cash flows of Subject Partner Companies for each of the three years ended December 31, 2010 and for the nine months ended on the Balance Sheet Date (collectively, the “Subject Partner Company Financial Statements”). The Subject Partner Company Financial Statements are true, complete and correct in all material respects and fairly present in all material respects in accordance with GAAP: (i) the combined financial position of Subject Partner Companies as of December 31, 2009 and 2010 and as of the Balance Sheet Date, as the case may be, and (ii) the combined results of operations, stockholders’ equity and cash flows of Subject Partner Companies for the three years ended December 31, 2010 and for the nine months ended on the Balance Sheet Date.
Financial Statements Delivered. Seller has delivered, or will deliver when prepared, to Buyer accurate and complete copies of the following financial statements (which are collectively referred to herein as the “Financial Statements”):
(i) The audited balance sheet of Wheeling Machine as of December 30, 2001 (the “Reference Date”), and the related statements of income and retained earnings and statement of cash flows for the year then ended, accompanied by the report thereon of Laporte, Sehrt, Xxxxx & Hand (hereinafter “Seller’s CPA”) and similar audited financial statements for each of the preceding two (2) fiscal years, together with the internally prepared, unaudited balance sheet of Wheeling Texas for the same periods (in the aggregate the “Reference Balance Sheet”); and
(ii) The internally prepared, unaudited balance sheet of Seller as of the end of each four week period of 2002, and the related statements of income and retained earnings and statement of cash flow, within 20 days of the end of each four week period.
Financial Statements Delivered. Section 3.16(a) of the Disclosure Schedule contains true and complete copies of the following financial statements:
(i) the audited consolidated balance sheets of Seller and the other members of the Seller Group as of December 31, 2001, 2002 and 2003, and the audited consolidated statements of income, shareholders’ equity and cash flows of such persons for each of the three years ended December 31, 2003, and the report of Ernst & Young LP, independent auditors, thereon (collectively, the “Audited Financial Statements”); and
(ii) unaudited consolidated balance sheets of Seller and the other members of the Seller Group as of September 30, 2003 and as of September 30, 2004 (the “Interim Balance Sheet”), and unaudited consolidated statements of income, cash flows and shareholders’ equity of such persons for the nine months ended September 30, 2003 and 2004.
Financial Statements Delivered. The Company has delivered to the Investors true, complete and correct copies of the balance sheets of the Company and related statements of operations, changes in stockholders' equity, and cash flows for (x) the fiscal year ended December 31, 2001, audited and prepared by the Company's independent certified public accountants, and (y) the fiscal year ended December 31, 2002, prepared by the Company and (z) the monthly periods ended on the last day of each calendar month during the period beginning on January 1, 2003 and ending on February 28, 2003, in each case prepared by the Company (collectively, the "Company Financial Statements"), all as attached hereto as Exhibit H. With respect to the balance sheets of the Company and related statements of operations, changes in stockholders' equity, and cash flows for the fiscal year ended December 31, 2002, the Company's independent certificated public accountants have concluded their review of such balance sheets and related statements of operations, changes in stockholders' equity, and cash flows and have not indicated that any material change is necessary.
Financial Statements Delivered. Section 4.9(a) of Partner Company Disclosure Schedule contains true and complete copies of the following financial statements: (i) audited consolidated balance sheets of Subject Partner Companies as of December 31, 2009 and 2010 and the unaudited consolidated balance sheet of Subject Partner Companies as of the Balance Sheet Date (the “Balance Sheet”) and (ii) the audited consolidated statements of income, stockholders’ equity and cash flows of Subject Partner Companies for each of the three years ended December 31, 2010 and the report of Hocking & Xxxx, LLC, certified public accountants, thereon and the unaudited consolidated statements of income, stockholders’ equity and cash flows of Subject Partner Companies for the year ended on the Balance Sheet Date (collectively, the “Subject Partner Company Financial Statements”). The Subject Partner Company Financial Statements are true, complete and correct in all material respects and fairly present in all material respects in accordance with GAAP: (i) the consolidated financial position of Subject Partner Companies as of December 31, 2009 and 2010 and as of the Balance Sheet Date, as the case may be, and (ii) the consolidated results of operations, stockholders’ equity and cash flows of Subject Partner Companies for the four years ended December 31, 2011.
Financial Statements Delivered. Seller has delivered, or will deliver when prepared, to Buyer true, complete and correct copies of the following financial statements (which are collectively referred to herein as the "Financial Statements"):
(i) The audited balance sheet of Seller as of December 31, 1998 (the "Reference Balance Sheet" and the "Reference Date", respectively) and the related statements of income and retained earnings and statement of cash flows for the year then ended, accompanied by the report thereon of Xxxxxx & Xxxxxxx Company, Certified Public Accountants (hereinafter "Seller's CPA") and similar audited financial statements as of the end of and for each of the preceding two (2) fiscal years.
(ii) The audited balance sheet of Seller as of December 31, 1999, and the related statements of income and retained earnings and statement of cash flows for the year then ended, accompanied by the report thereon of Seller's CPA (the "1999 Audited Statements"); and
(iii) the internally prepared, unaudited balance sheet of Seller as of the end of each calendar month, and the related statements of income and retained earnings and statement of cash flow, within 20 days of the end of each calendar month prior to the Closing.
Financial Statements Delivered. BBI has furnished to the ------------------------------ Lender the consolidated financial statements of the Borrowers (including consolidated balance sheet and statement of profit and loss) for their fiscal year ended December 31, 1998, as audited by PricewaterhouseCoopers LLP. Said financial statements fairly present the financial position of the Borrowers as at the date thereof and said statement of profit and loss fairly presents the results of the operations of the Borrowers for the fiscal years indicated, all in conformity with GAAP consistently applied.
