Furnish to the Lender. (a) within 120 days after the end of each of the Borrower's fiscal years, beginning with its fiscal year ending December 1, 1998, an audited financial report prepared in accordance with GAAP by Sax, Macy, Xxxxx & Co. or replacement independent certified public accountants satisfactory to the Lender, containing the Borrower's balance sheet as of the end of that year, its related profit and loss, and a statement of shareholder's equity for that year, its statement of cash flows for that year, together, with any management letter prepared by those certified public accountants, and such comments and financial details as are customarily included in reports of like character and the unqualified opinion of the certified public accountants as to the fairness of the statements therein and together with such written assurances as the Lender may reasonably request from the Borrower's independent certified public accountants to confirm the Lender's entitlement to rely upon such audited financial report and accompanying materials;
(b) within 45 days after the end of each calendar quarter, beginning with the calendar quarter ended December 31, 1998, a written report summarizing all acquisitions of Investment Positions by the Borrower for the preceding quarter and the results of the Sale or Liquidation of each Investment Position for the preceding quarter;
(c) within 5 days after the end of each week, a written report summarizing all Investment Positions that the Borrower acquired or offered to acquire during the preceding week, and the status of all then outstanding offers by the Borrower to acquire Investment Positions, whether such offers were made in the preceding week or earlier;
(d) such other information, books, and records the Lender may reasonably request, in such form and at such time and place as the Lender may reasonably request, concerning the Borrower's activities and plans that are prepared by or for the Borrower in the Ordinary Course; and
(e) within 120 days after the end of each of the Borrower's fiscal years, an update of the Borrower's estimated value of each Investment Position then owned, taking into account all relevant realized events that occurred during the preceding year.
Furnish to the Lender. Within ninety (90) days after the end of Borrower’s fiscal year, a set of consolidated audited financial statements for such fiscal year for Borrower and Guarantors, including a balance sheet, statement of cash flow, profit and loss statement and related statements prepared by a certified public accountant in accordance with normal and customary accounting procedures, all in reasonable detail;
Furnish to the Lender. Within ninety (90) calendar days after the end of each Fiscal Year: (i) consolidated balance sheets, statements of income, statements of stockholders' equity, and statements of cash flows of the Borrowers, together with footnotes and supporting schedules thereto, all certified by independent certified public accountants selected by the Borrowers and reasonably acceptable to the Lender (and commencing with Fiscal Year 2002 with the form of certification to be without material qualification or otherwise satisfactory to the Lender), showing the financial condition of the Borrowers at the close of such Fiscal Year and the results of operations of the Borrowers during such Fiscal Year; (ii) an unaudited consolidating balance sheet and statement of income of each of the Borrowers, together with appropriate adjustments and eliminations; and (iii) a schedule of all Contracts, capital contributions and loan transactions between any Borrowers (on the one hand) and any other Borrowers or any Subsidiary (on the other hand), including therein a schedule of all cash capital contributions made by any Borrower and all Indebtedness (including Indebtedness for Money borrowed) owed to any Borrower by any other Borrower or any Subsidiary (hereinafter collectively referred to as "Intercompany Investment(s)"), as at the end of such Fiscal Year;
Furnish to the Lender. Annual financial statements of the Borrower (including detailed balance sheet, income statement, cash flow statement, and one-year income statement projections) to be received by Lender no later than one hundred five (105) days following Borrower’s fiscal year end. These financial statements shall be prepared in accordance with sound accounting principles consistently applied and may be certified by a principal of Borrower.
Furnish to the Lender within ten days after a Responsible Officer learns that any "reportable event" (as defined in Section 4043(c) of ERISA), other than a reportable event for which the 30-day notice requirement has been waived by the PBGC, has occurred with respect to a Pension Plan, a statement setting forth details as to such reportable event and the action proposed to be taken with respect thereto;
Furnish to the Lender. As soon as available and in any event within fifteen (15) days after Borrower or any of its Subsidiaries knows or has reason to know that any Termination Event has occurred, a statement of a senior officer of the Borrower describing the Termination Event and the action which the Borrower or any of its Subsidiaries proposes to take so that the Termination Event shall not be continuing;
Furnish to the Lender promptly after the sending or filing thereof, copies of all reports which the Borrower sends to any of its security holders, and copies of all reports and registration statements which the Borrower or any subsidiary files with the Securities and Exchange Commission or any national securities exchange; and
Furnish to the Lender. Within one hundred twenty (120) days of the end of each fiscal year, management prepared financial statements of Borrower in form and substance reasonably satisfactory to the Lender;
Furnish to the Lender a) as soon as possible, and in any event within five Business Days after a Financial Officer of the Borrower knows or has reason to know that any Reportable Event has occurred with respect to any Plan maintained in whole or in part for the employees of the Borrower or any Significant Subsidiary, a statement of such Financial Officer, setting forth details as to such Reportable Event and the action which is proposed to be taken with respect thereto, and as soon as possible, and in any event within five Business Days after filing or receipt thereof, a copy of the notice of such Reportable Event filed with or received from the PBGC;
b) copies of each annual and other report with respect to any Plan requested by the Lender;
c) promptly after receipt thereof, a copy of any notice which the Borrower or, to the knowledge of the Borrower, any Significant Subsidiary, may receive from the PBGC relating to the intention of the PBGC to terminate any Plan maintained in whole or in part for the benefit of employees of the Borrower or any Significant Subsidiary or to appoint a trustee to administer any such Plan;
d) promptly, from time to time, such other information regarding the operations, business, affairs and financial condition of the Borrower and any Significant Subsidiary as the Lender may reasonably request; and
e) as soon as possible, and in any event within five Business Days after a Financial Officer of the Borrower knows or has reason to know that any Event of Default, or any event which, upon notice or lapse of time or both, would constitute an Event of Default, has occurred, a statement of such Financial Officer, setting forth details as to such Event of Default or event.
Furnish to the Lender. Within 15 (fifteen) days after the end of each month and within 90 days after the end of each of Borrower’s fiscal years a set of, respectively, interim and annual financial statements, including a balance sheet, statement of cash flow, profit and loss statement and related statements, prepared by Borrower and, compiled for annual statement only, by a public accounting firm reasonably acceptable to Lender, in accordance with generally accepted accounting principles;
