Financial Statements, Reports and Documents. (a) Borrower shall accurately and fairly maintain its books of account in accordance with GAAP, retain a firm of independent certified public accountants requested by Borrower and approved by the Lender, to make annual audits of its accounts in accordance with generally accepted auditing standards.
(b) Borrower shall provide the following reports and information to the Lender:
(i) As soon as available, and in any event within ninety (90) days after the close of each fiscal year, Borrower's annual report on Form 10-KSB with exhibits for said period.
(ii) Each fiscal quarter, concurrent with the periodic report required above, a certificate executed by the Chief Financial Officer or Chief Executive Officer of Borrower (A) stating that a review of the activities of Borrower during such fiscal period has been made under his supervision and that Borrower has observed, performed and fulfilled each and every obligation and covenant contained herein and is not in Default under any of the same or, if any such Default shall have occurred, specifying the nature and status thereof, and (B) stating that Borrower is in compliance as of the end of such fiscal quarter with the agreed minimum financial ratios and standards set forth in SCHEDULE 7.01 to this Agreement.
(iii) Promptly (but in any event within ten (10) business days) upon becoming aware of the existence of any condition or event which constitutes a Default or which, with notice or the passage of time or both would become a Default or an Event of Default, written notice specifying the nature and period of existence thereof and the action which Borrower is taking or proposes to take with respect thereto.
(iv) Promptly (but in any event within ten (10) business days) upon the receipt thereof by Borrower or the Board of Directors of Borrower, copies of all reports, all management letters and other detailed information submitted to Borrower or the Board by independent accountants in connection with each annual or interim audit or review of the accounts or affairs of Borrower made by such accountants.
(v) Promptly (but in any event within ten (10) business days), such other information relating to the finances, budgets, properties, business and affairs of Borrower, as the Lender or the Agent may reasonably request from time to time.
(vi) Promptly upon its becoming available, one copy of each financial statement, report, press release, notice or proxy statement sent by Borrower to stockholders generally, and of each...
Financial Statements, Reports and Documents. Borrower shall deliver to Lender each of the following:
Financial Statements, Reports and Documents. It shall deliver, or cause to be delivered, to Lender each of the following:
Financial Statements, Reports and Documents. Subsequent to the first Closing, and for as long as the Common Shares are held by the Trust (unless the Trustee shall otherwise consent in writing), the Seller shall deliver to the Trustee each of the following:
Financial Statements, Reports and Documents. Borrower shall deliver the following to the Agent, in form, substance and scope satisfactory to Agent and otherwise as provided herein:
Financial Statements, Reports and Documents. The Borrower shall deliver to the Agent and to each Lender each of the following:
Financial Statements, Reports and Documents. Company shall deliver to Banks each of the following:
Financial Statements, Reports and Documents. The Borrower shall deliver to the Bank each of the following: Quarterly Statements. As soon as available, and in any event within forty-five (45) days after the end of each quarterly fiscal period (except the last) of each fiscal year of Borrower, copies of the consolidated balance sheet of Borrower as of the end of such fiscal period, and consolidated statements of income and cash flows of Borrower for that quarterly fiscal period and for the portion of the fiscal year ending with such period, in each case setting forth in comparative form the figures for the corresponding period of the preceding fiscal year, all in reasonable detail and fairly stated, subject to year-end audit and adjustments; Annual Statements. As soon as available and in any event within ninety (90) days after the close of each fiscal year of Borrower, copies of the consolidated balance sheet of Borrower as of the close of such fiscal year and consolidated statements of income, retained earnings and cash flows of Borrower for such fiscal year, in each case setting forth in comparative form the figures for the preceding fiscal year, all in reasonable detail and accompanied by an opinion thereon (which shall not be qualified by reason of any limitation imposed by Borrower) of an independent public accountant of recognized national standing selected by Borrower to the effect that such financial statements have been prepared in accordance with GAAP consistently maintained and applied (except for changes in which such accountants concur) and that the examination of such accounts in connection with such financial statements has been made in accordance with generally accepted auditing standards and, accordingly, includes such tests of -15- the accounting records and such other auditing procedures as were considered necessary in the circumstances;
Financial Statements, Reports and Documents. 20 SECTION 5.02
Financial Statements, Reports and Documents. (a) Borrower shall accurately and fairly maintain its books of account in accordance with GAAP, retain Hein & Associates LLP, or other such firm of independent certifxxx public accountants requested by Borrower and approved by the Lender, to make annual audits of its accounts in accordance with generally accepted auditing standards.
(b) Borrower shall provide the following reports and information to Lender:
