Common use of Form of financial statements Clause in Contracts

Form of financial statements. (a) The Owner must ensure that each set of financial statements supplied under Clause 15.1 of this Agreement fairly represents the relevant parties financial condition as at the date to which those financial statements were drawn up. (b) The Owner must notify the Facility Agent of any change to the basis on which the audited financial statements are prepared. (c) If requested by the Facility Agent, the Owner must supply or procure that the following are supplied to the Facility Agent: (i) a full description of any change notified under paragraph (b) above; and (ii) sufficient information to enable the Facility Agent to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited financial statements delivered to the Facility Agent under this Agreement. (d) If requested by the Facility Agent, the Owner must enter into discussions for a period of not more than 30 days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent in the same position as it would have been in if the change had not happened. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall ensure that its auditors or, as the case may be, the Owner specifies those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.

Form of financial statements. (a) The Owner Borrower must ensure that each set of its financial statements supplied under Clause 15.1 of this Agreement fairly represents the relevant parties financial condition (consolidated or otherwise) of the Borrower as at the date to which those financial statements were drawn up. (b) The Owner Borrower must notify the Facility Agent of any change to the basis on which the its audited financial statements are prepared. (c) If requested by the Facility Agent, the Owner Borrower must supply or procure that the following are supplied to the Facility Agent: (i) a full description of any change notified under paragraph (b) above; and (ii) sufficient information to enable the Facility Agent to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited consolidated financial statements delivered to the Facility Agent under this Agreement. (d) If requested by the Facility Agent, the Owner Borrower must enter into discussions for a period of not more than 30 thirty (30) days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent in the same position as it would have been in if the change had not happened. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall Borrower must ensure that its auditors or, as the case may be, the Owner specifies certify those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.

Form of financial statements. (aA) The Owner Borrower must ensure that each set of financial statements supplied under Clause 15.1 this Agreement: (i) is certified by an Authorised Signatory of this Agreement the Borrower as a true and correct copy; and (ii) gives (if audited) a true and fair view of, or (if unaudited) fairly represents represents, the financial condition of the relevant parties financial condition as at Borrower for the period to the date to on which those financial statements were drawn up. (bB) Unless otherwise agreed with the Facility Agent, all financial statements delivered under this Agreement shall be prepared in accordance with the Approved Accounting Principles. (C) The Owner Borrower must notify the Facility Agent of any material change to the basis on manner in which the any audited or unaudited financial statements delivered under this Agreement are prepared. (cD) If requested by the Facility Agent, the Owner Borrower must supply or procure that the following are supplied to the Facility Agent: (i) a full description of any change notified under paragraph (bB) aboveabove and the adjustments which would be required to be made to those financial statements in order to cause them to use the accounting policies, practices, procedures and reference period upon which such financial statements were prepared prior to such change; and (ii) sufficient information information, in such detail and format as may be required by the Facility Agent (acting reasonably), to enable the Facility Agent Lenders to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited or unaudited financial statements delivered to the Facility Agent under this AgreementAgreement prior to such change. (d) If requested by the Facility Agent, the Owner must enter into discussions for a period of not more than 30 days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent in the same position as it would have been in if the change had not happened. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall ensure that its auditors or, as the case may be, the Owner specifies those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.

Form of financial statements. (a) The Owner Each Obligor must ensure that each set of financial statements supplied under Clause 15.1 of this Agreement gives (if audited) a true and fair view of, or (if unaudited) fairly represents represents, the financial condition (consolidated or otherwise) of the relevant parties financial condition person as at the date to which those financial statements were drawn up. (b) The Owner Each Obligor must notify the Facility Agent of any change to the basis on manner in which the its audited consolidated financial statements are prepared. (c) If requested by the Facility Agent, the Owner each Obligor must supply or procure that the following are supplied to the Facility Agent: (i) a full description of any change notified under paragraph (b) above; and (ii) sufficient information to enable the Facility Agent Finance Parties to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited consolidated financial statements delivered to the Facility Agent under this Agreement. (d) If requested by the Facility Agent, the Owner Obligors must enter into discussions for a period of not more than 30 days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent Obligors and the Lenders in the same position as it they would have been in if the change had not happened. Any agreement between the Obligors and the Facility Agent will be, with the prior consent of the Majority Lenders, binding on all the Parties. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall each Obligor must ensure that its auditors or, as the case may be, the Owner specifies certify those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.

Form of financial statements. (aA) The Owner Borrower must ensure that each set of financial statements supplied under Clause 15.1 this Agreement: (i) is certified by an Authorised Signatory of this Agreement fairly represents the relevant parties Borrower as a true and correct copy; and (ii) gives (if audited) a true and fair view of, or (if unaudited) fairly represents, the financial condition as at of the relevant Borrower for the period to the date to on which those financial statements were drawn up. (bB) Unless otherwise agreed with the Facility Agent, all accounts delivered under this Agreement shall be prepared in accordance with the Approved Accounting Principles. (C) The Owner Borrower must notify the Facility Agent of any material change to the basis on manner in which the any audited financial statements delivered under this Agreement are prepared. (cD) If requested by the Facility Agent, the Owner Borrower must supply or procure that the following are supplied to the Facility Agent: (i) a full description of any change notified under paragraph (bB) aboveabove and the adjustments which would be required to be made to those financial statements in order to cause them to use the accounting policies, practices, procedures and reference period upon which such financial statements were prepared prior to such change; and (ii) sufficient information information, in such detail and format as may be required by the Facility Agent (acting reasonably), to enable the Facility Agent Lenders to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited financial statements delivered to the Facility Agent under this AgreementAgreement prior to such change. (d) If requested by the Facility Agent, the Owner must enter into discussions for a period of not more than 30 days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent in the same position as it would have been in if the change had not happened. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall ensure that its auditors or, as the case may be, the Owner specifies those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.

Form of financial statements. (a) The Owner Company must ensure that each set of financial statements supplied under Clause 15.1 of this Agreement gives (if audited) a true and fair view of, or (if unaudited) fairly represents represents, the financial condition (consolidated or otherwise) of the relevant parties financial condition person as at the date to which those financial statements were drawn up. (b) The Owner Company must notify the Facility Agent of any change to the basis on manner in which the its audited consolidated financial statements are prepared. (c) If requested by the Facility Agent, the Owner Company must supply or procure that the following are supplied to the Facility Agent: (i) a full description of any change notified under paragraph (b) above; and (ii) sufficient information to enable the Facility Agent Finance Parties to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited consolidated financial statements delivered to the Facility Agent under this Agreement. (d) If requested by the Facility Agent, the Owner Company must enter into discussions for a period of not more than 30 days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent Company and the Lenders in the same position as it they would have been in if the change had not happened. Any agreement between the Company and the Facility Agent will be, with the prior consent of the Majority Lenders, binding on all the Parties. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall Company must ensure that its auditors or, as the case may be, the Owner specifies certify those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.

Form of financial statements. (a) The Owner Company must ensure that each set of financial statements supplied under Clause 15.1 of this Agreement gives (if audited) a true and fair view of, or (if unaudited) fairly represents represents, the financial condition (consolidated or otherwise) of the relevant parties financial condition person as at the date to which those financial statements were drawn up. (b) The Owner Company must notify the Facility Administrative Agent of any change to the basis on manner in which the its audited financial statements are prepared. (c) If requested by the Facility Administrative Agent, the Owner Company must supply or procure that the following are supplied to the Facility Administrative Agent: (i) a full description of any change notified under paragraph (b) above; and (ii) sufficient information to enable the Facility Agent Finance Parties to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited financial statements delivered to the Facility Administrative Agent under this Agreement. (d) If requested by the Facility Administrative Agent, the Owner Company must enter into discussions for a period of not more than 30 days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent Company and the Lenders in the same position as it they would have been in if the change notified under paragraph (b) above had not happened. Any agreement between the Company and the Administrative Agent will be, with the prior consent of the Majority Lenders, binding on all the Parties. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall Company must ensure that its auditors or, as the case may be, the Owner specifies certify those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.

Form of financial statements. (a) The Owner Company must ensure that each set of financial statements supplied under Clause 15.1 of this Agreement gives (if audited) a true and fair view of, or (if unaudited) fairly represents represents, the financial condition (consolidated or otherwise) of the relevant parties financial condition person as at the date to which those financial statements were drawn up., (b) The Owner Company must notify the Facility Agent of any change to the basis on manner in which the its audited consolidated financial statements are prepared., (c) If requested by the Facility Agent, the Owner Company must supply or procure that the following are supplied to the Facility Agent: (i) a full description of any change notified under paragraph (b) above; and (ii) sufficient information to enable the Facility Agent Finance Parties to make a proper comparison between the financial position shown by the set of financial statements prepared on the changed basis and its most recent audited consolidated financial statements delivered to the Facility Agent under this Agreement. (d) If requested by the Facility Agent, the Owner Company must enter into discussions for a period of not more than 30 days with a view to agreeing to any amendments required to be made to this Agreement to place the Facility Agent Company and the Lenders in the same position as it they would have been in if the change had not happened. Any agreement between the Company and the Facility Agent will be, with the prior consent of the Majority Lenders, binding on all the Parties. (e) If no agreement is reached under paragraph (d) above on the required amendments to this Agreement, the Owner shall Company must ensure that its auditors or, as the case may be, the Owner specifies certify those amendments; the certificate of the auditors will be, in the absence of manifest error, binding on all the Parties.