Common use of Financial Statements; Financial Condition; etc Clause in Contracts

Financial Statements; Financial Condition; etc. (i) A copy of the audited Financial Statements of Parent and its Subsidiaries for fiscal years 2019 through 2021 (prepared on a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​ (ii) A copy of the unaudited Financial Statements of Parent and its Subsidiaries for the fiscal year to date ended as of September 30, 2022 (prepared on a consolidated basis), certified by a Responsible Officer of the Borrowers to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​ (iii) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries by fiscal year (on a quarterly basis) for each of the fiscal years through the Maturity Date, together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiaries, all in reasonable detail and reflecting the Borrowers’ compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the Borrowers; and (iv) Such other financial, business and other information regarding the Borrowers or any other Loan Party as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may request. ​

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

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Financial Statements; Financial Condition; etc. (i) A copy of the audited Financial Statements of Parent and its Subsidiaries for fiscal years 2019 2021 through 2021 2023 (prepared on a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​; (ii) A copy of the unaudited Financial Statements of Parent and its Subsidiaries for the fiscal year to date ended as of September 30, 2022 2024 (prepared on a consolidated basis), certified by a Responsible Officer of the Borrowers to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​; (iii) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries by fiscal year (on a quarterly basis) for each of the fiscal years through the Maturity Date, together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiaries, all in reasonable detail and reflecting the Borrowers’ compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the Borrowers; and (iv) Such other financial, business and other information regarding the Borrowers or any other Loan Party as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may request. ​.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

Financial Statements; Financial Condition; etc. (i) A copy of the audited Financial Statements of Parent and its Subsidiaries the Loan Parties for fiscal years 2019 Fiscal Years 2007 through 2021 2009 (prepared on a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​; (ii) A copy of the unaudited Financial Statements of Parent and its Subsidiaries the Loan Parties for the fiscal year Fiscal Year to such date ended as of September 30July 31, 2022 2010 (prepared on a consolidated and consolidating basis), certified by a Responsible Officer the chief financial officer of the Borrowers Borrower to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​; (iii) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries the Loan Parties by fiscal year (on a quarterly basis) Fiscal Year for each of the fiscal years Fiscal Years through the Maturity Date, Date together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiariesthe Loan Parties, all in reasonable detail and in any event to include quarterly projections for the first year after the Closing Date reflecting the Borrowers’ Borrower’s compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the BorrowersBorrower; and (iv) Such other financial, business and other information regarding the Borrowers Borrower or any other Loan Party as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may reasonably request. ​.

Appears in 1 contract

Samples: Credit Agreement (Shuffle Master Inc)

Financial Statements; Financial Condition; etc. (i) A copy of the audited Financial Statements of Parent and its Subsidiaries for fiscal years 2019 2013 through 2021 2015 (prepared on a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​; (ii) A copy of the unaudited Financial Statements of Parent and its Subsidiaries for the fiscal year to date ended as of September 30March 31, 2022 2016 (prepared on a consolidated basis), certified by a Responsible Officer the chief financial officer or vice president of finance of the Borrowers to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​; (iii) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries by fiscal year (on a quarterly basis) for each of the fiscal years through the Maturity DateDate (which shall be quarterly for the fiscal years ending December 31, 2016 and December 31, 2017 and annually thereafter), together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiaries, all in reasonable detail and reflecting the Borrowers’ compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the Borrowers; and (iv) Such other financial, business and other information regarding the Borrowers or any other Loan Party as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may request. ​.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

Financial Statements; Financial Condition; etc. (i) A copy of the audited Financial Statements of Parent and its Subsidiaries the Borrower for fiscal years 2019 2008 through 2021 2010 (prepared on a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​; (ii) A copy of the unaudited Financial Statements of Parent and its Subsidiaries the Borrower for the fiscal year to date ended as of September 30March 31, 2022 2011 (prepared on a consolidated basis), certified by a Responsible Officer the chief financial officer of the Borrowers Borrower to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​; (iii) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries the Borrower by fiscal year (on a quarterly basis) for each of the fiscal years through the Maturity DateDecember 31, 2013, together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiariesthe Borrower, all in reasonable detail and reflecting the Borrowers’ Borrower’s compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the BorrowersBorrower; and (iv) Such other financial, business and other information regarding the Borrowers Borrower or any other Loan Party as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may request. ​.

Appears in 1 contract

Samples: Credit Agreement (IPC the Hospitalist Company, Inc.)

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Financial Statements; Financial Condition; etc. (i) A copy of To the audited Financial Statements of Parent and its Subsidiaries for fiscal years 2019 through 2021 (prepared on extent not already provided, a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​ (ii) A copy of the unaudited Financial Statements of Parent the Borrowers for the fiscal quarters ended March 31, 2005 and its Subsidiaries June 30, 2005 and for the fiscal year to such date ended as of September 30, 2022 (prepared on a consolidated and consolidating basis), in each case certified by a Responsible Officer the chief financial officer of the Borrowers each such Borrower to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​; (ii) Such financial and other information relating to the Acquisition as the Administrative Agent or any Lender shall reasonably require. (iii) A copy of the most recently completed annual report (Form 5500 Series) filed with the Internal Revenue Service with respect to each Employee Benefit Plan of the Borrowers and their Subsidiaries, certified by a senior officer of the Administrative Agent’s Borrowers; (iv) A copy of the budget and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries the Loan Parties by fiscal year (on a quarterly basis) for each of the fiscal years through the Revolving Loan Maturity Date, together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiariesthe Loan Parties, all in reasonable detail and reflecting acceptable to the Borrowers’ compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the Borrowers; andAdministrative Agent; (ivv) Such other financial, business and other information regarding the Borrowers or any other Loan Party of their Subsidiaries as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may reasonably request. ​, including information as to possible contingent liabilities, tax matters, environmental matters and obligations for employee benefits and compensation.

Appears in 1 contract

Samples: Credit Agreement (Sands Regent)

Financial Statements; Financial Condition; etc. (i) A copy of the audited Financial Statements of Parent and its Subsidiaries for fiscal years 2019 2008 through 2021 2010 (prepared on a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​; (ii) A copy of the unaudited Financial Statements of Parent and its Subsidiaries for the fiscal year to date ended as of September June 30, 2022 2011 (prepared on a consolidated basis), certified by a Responsible Officer the chief financial officer of the Borrowers to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​; (iii) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries by fiscal year (on a quarterly basis) for each of the fiscal years through the Maturity DateDate (which shall be quarterly for the fiscal years ending December 31, 2011 and December 31, 2012 and annually thereafter), together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiaries, all in reasonable detail and reflecting the Borrowers’ compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the Borrowers; and (iv) Such other financial, business and other information regarding the Borrowers or any other Loan Party as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may request. ​.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

Financial Statements; Financial Condition; etc. (i) A copy of the audited Financial Statements of Parent and its Subsidiaries for fiscal years 2016 through 2019 through 2021 (prepared on a consolidated basis), each with an unqualified opinion from an independent accounting firm acceptable to the Administrative Agent and the Lenders; ​; (ii) A copy of the unaudited Financial Statements of Parent and its Subsidiaries for the fiscal year to date ended as of September 30March 31, 2022 2020 (prepared on a consolidated basis), certified by a Responsible Officer of the Borrowers to present fairly the financial condition, results of operations and other information reflected therein and to have been prepared in accordance with GAAP (subject to normal year-end audit adjustments); ​; (iii) A copy of (and the Administrative Agent’s and Required Lenders’ satisfactory review of) the projected financial statements of Parent and its Subsidiaries by fiscal year (on a quarterly basis) for each of the fiscal years through the Maturity Date, together with narrative assumptions, including, in each case, projected balance sheets, statements of income and retained earnings and statements of cash flow of Parent and its Subsidiaries, all in reasonable detail and reflecting the Borrowers’ compliance with each of the covenants set forth in Section 5.03 of this Agreement, all prepared by a financial officer of the Borrowers; and (iv) Such other financial, business and other information regarding the Borrowers or any other Loan Party as the Administrative Agent, the L/C Issuer, the Swing Line Lender or any Lender may request. ​.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

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