Common use of Monthly and Quarterly Financial Statements Clause in Contracts

Monthly and Quarterly Financial Statements. (a) Furnish Agent and Lenders within forty-five (45) days after the end of each fiscal quarter, an unaudited balance sheet of ATI and its Subsidiaries and unaudited statements of income, retained earnings and stockholders' equity and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year to the end of such quarter and for such quarter, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Loan Parties' business operations and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. The reports shall be accompanied by a Compliance Certificate from an Authorized Officer of ATI which shall include, among other things, reasonably detailed calculations of the Fixed Charge Coverage Ratio as of the end of each fiscal quarter (regardless of whether a Covenant Trigger Event has occurred and is continuing), in each case for the four (4) consecutive fiscal quarters then ending; and (b) Furnish Agent and Lenders within twenty-five (25) days after the end of each of the first (1st) two (2) months in each fiscal quarter, an unaudited balance sheet of ATI and its Subsidiaries and unaudited statements of income and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Loan Parties' business operations and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. Information required to be delivered pursuant to Sections 9.7 and 9.8 above, shall be deemed to have been delivered to the Agent and each Lender on the date on which such information is available on the website of the SEC at xxxx://xxx.xxx.xxx without charge (to the extent such information has been posted or is available as described in such notice).

Monthly and Quarterly Financial Statements. (a) Furnish Agent and Lenders within forty-five (45) days after the end of each fiscal quarter, an unaudited balance sheet of ATI and its Subsidiaries and unaudited statements of income, retained earnings and stockholders' ’ equity and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year to the end of such quarter and for such quarter, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Loan Parties' ’ business operations and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. The reports shall be accompanied by a Compliance Certificate from an Authorized Officer of ATI which shall include, among other things, reasonably detailed calculations of the Fixed Charge Coverage Ratio as of the end of each fiscal quarter (regardless of whether a Covenant Trigger Event has occurred and is continuing), in each case for the four (4) consecutive fiscal quarters then ending; and (b) Furnish Agent and Lenders within twenty-five (25) days after the end of each of the first (1st) two (2) months in each fiscal quarter, an unaudited balance sheet of ATI and its Subsidiaries and unaudited statements of income and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Loan Parties' ’ business operations and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. Information required to be delivered pursuant to Sections 9.7 and 9.8 above, shall be deemed to have been delivered to the Agent and each Lender on the date on which such information is available on the website of the SEC at xxxx://xxx.xxx.xxx without charge (to the extent such information has been posted or is available as described in such notice).

Monthly and Quarterly Financial Statements. (a1) Furnish Agent As soon as available and Lenders in any event within forty20 days after the end of each month, the Borrowers will deliver to the Lender an unaudited/internal balance sheet and statements of income and retained earnings of the Borrowers as at the end of and for such month and for the year to date period then ended, prepared, on a consolidated basis, in reasonable detail and stating in comparative form the figures for the corresponding date and periods in the previous year, all prepared in accordance with GAAP, subject to year-five end audit adjustments and absence of footnotes, and which fairly represent the Borrowers' financial position and the results of its operations; and accompanied by a certificate of each Borrower's chief financial Officer, substantially in the form of Exhibit C to the Fifth Amendment stating (45i) that such financial statements have been prepared in accordance with GAAP, subject to year-end audit adjustments and absence of footnotes, (ii) whether or not such officer has knowledge of the occurrence of any Default or Event of Default not theretofore reported and remedied and, if so, stating in reasonable detail the facts with respect thereto, and (iii) all relevant facts in reasonable detail to evidence, and the computations as to, whether or not the Borrowers are in compliance with the Financial Covenants. (2) As soon as available and in any event within 20 days after the end of each fiscal quarter, the Borrowers will deliver to the Lender an unaudited unaudited/internal balance sheet of ATI and its Subsidiaries and unaudited statements of income, income and retained earnings and stockholders' equity and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year to Borrowers as at the end of and for such quarter and for such quarterthe year to date period then ended, prepared prepared, on a consolidating and consolidated basis consistent with prior practices to include all domestic and complete foreign Subsidiaries, in reasonable detail and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Loan Parties' business operations and setting forth stating in comparative form the respective financial statements figures for the corresponding date and period periods in the previous fiscal year. The reports shall be , all prepared in accordance with GAAP, subject to year-end audit adjustments and absence of footnotes, and which fairly represent the Borrowers' financial position and the results of its operations; and accompanied by a Compliance Certificate from an Authorized Officer of ATI which shall include, among other things, reasonably detailed calculations of the Fixed Charge Coverage Ratio as of the end certificate of each fiscal quarter (regardless Borrower's chief financial Officer, substantially in the form of whether a Covenant Trigger Event has occurred and is continuing), in each case for the four (4) consecutive fiscal quarters then ending; and (b) Furnish Agent and Lenders within twenty-five (25) days after the end of each of the first (1st) two (2) months in each fiscal quarter, an unaudited balance sheet of ATI and its Subsidiaries and unaudited statements of income and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year Exhibit C to the end of Fifth Amendment stating (i) that such month and for such month, financial statements have been prepared on a basis consistent in accordance with prior practices and complete and correct in all material respectsGAAP, subject to normal and recurring year-end audit adjustments that individually and in the aggregate are absence of footnotes, (ii) whether or not material to the Loan Parties' business operations and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. Information required to be delivered pursuant to Sections 9.7 and 9.8 above, shall be deemed to have been delivered to the Agent and each Lender on the date on which such information is available on the website officer has knowledge of the SEC at xxxx://xxx.xxx.xxx without charge occurrence of any Default or Event of Default not theretofore reported and remedied and, if so, stating in reasonable detail the facts with respect thereto, and (iii) all relevant facts in reasonable detail to evidence, and the extent such information has been posted computations as to, whether or is available as described not the Borrowers are in such notice)compliance with the Financial Covenants.

Monthly and Quarterly Financial Statements. 116 (a) Furnish Agent and Lenders within forty-five (45) days after the end of each fiscal quarter, an unaudited balance sheet of ATI and its Subsidiaries and unaudited statements of income, retained earnings and stockholders' equity and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year to the end of such quarter and for such quarter, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Loan Parties' business operations and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. The reports shall be accompanied by a Compliance Certificate from an Authorized Officer of ATI which shall include, among other things, reasonably detailed calculations of the Fixed Charge Coverage Ratio as of the end of each fiscal quarter (regardless of whether a Covenant Trigger Event has occurred and is continuing), in each case for the four (4) consecutive fiscal quarters then ending; and (b) Furnish Agent and Lenders within twenty-five (25) days after the end of each of the first (1st) two (2) months in each fiscal quarter, an unaudited balance sheet of ATI and its Subsidiaries and unaudited statements of income and cash flow of ATI and its Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Loan Parties' business operations and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. Information required to be delivered pursuant to Sections 9.7 and 9.8 above, shall be deemed to have been delivered to the Agent and each Lender on the date on which such information is available on the website of the SEC at xxxx://xxx.xxx.xxx without charge (to the extent such information has been posted or is available as described in such notice).