Common use of Monthly Financials Clause in Contracts

Monthly Financials. To Administrative Agent and Lenders, within thirty (30) days after the end of each Fiscal Month, financial information regarding Borrower and its Subsidiaries, certified by a Financial Officer, consisting of (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and (B) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) and (ii) the consolidated Cash on Hand for the last Business Day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants that is tested on a monthly basis and (B) the certification of a Financial Officer that (1) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower and its Subsidiaries, on a consolidated basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Kmart Holding Corp), Credit Agreement (Kmart Holding Corp)

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Monthly Financials. To Administrative Agent and Lenders, within thirty (30) days after the end of each Fiscal Month, financial information regarding Borrower Borrowers and its their Subsidiaries, certified by a the Chief Financial OfficerOfficer of Borrower Representative, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows flow for that portion of the Fiscal Year ending as of the close of such Fiscal Month and (B) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) and ); (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the consolidated Cash on Hand figures for the last Business Day of each calendar week occurring during corresponding period in the prior year and the figures contained in the Projections for such Fiscal Month Year, all prepared in accordance with GAAP (subject to normal year-end adjustments); and (iii) a summary of the Business Plan Cash on Hand for such outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants that is tested on a monthly basis and (B) the certification of a the Chief Financial Officer of Borrower Representative that (1i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower Borrowers and its their Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month month and for that portion of the Fiscal Year period then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have has occurred and be is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.. In addition, Borrowers shall deliver to Agent and Lenders, simultaneously with the delivery of the financial information as required by this paragraph (a) above, a management discussion and analysis which includes a comparison to budget and the corresponding period in the prior year;

Appears in 1 contract

Samples: Credit Agreement (Astec Industries Inc)

Monthly Financials. To Administrative Agent and Lenders, within Within thirty (30) days after the end of each Fiscal Month, financial information regarding Borrower Intermediate Parent and its Subsidiaries, certified by a the Chief Financial OfficerOfficer of Intermediate Parent, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) ); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants that is tested on a monthly basis and basis, (B) the a certification of a the Chief Financial Officer of Intermediate Parent that (1i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower Intermediate Parent and its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have has occurred and be is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Newtek Business Services Inc)

Monthly Financials. To Administrative Agent and Lenders, within Within thirty (30) days after the end of each Fiscal Month, financial information regarding each of Intermediate Parent and its subsidiaries, and Borrower and its Subsidiaries, certified by a the Chief Financial OfficerOfficer of Borrower, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) ); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants that is tested on a monthly basis and basis, (B) the a certification of a the Chief Financial Officer of Borrower that (1i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower and its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have has occurred and be is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 1 contract

Samples: To Credit Agreement (Newtek Business Services Inc)

Monthly Financials. To Administrative Agent Agents and Lenders, within thirty forty-five (3045) days after the end of each Fiscal Month, financial information regarding Borrower and its Subsidiaries, certified by a the Chief Financial OfficerOfficer of Borrower, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) ); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Note as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants that is tested on a monthly basis and (B) the certification of a the Chief Financial Officer of Borrower that (1i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower and its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (510152 N B LTD)

Monthly Financials. To Administrative Agent and Lenders, within thirty (30) 30 days after the end of each Fiscal Month, financial information regarding Borrower and its Subsidiaries, certified by a the Chief Financial OfficerOfficer of Borrower, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) , and without footnotes or disclosures required by GAAP); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants Covenant that is tested on a monthly basis basis, and (B) the certification of a the Chief Financial Officer of Borrower that (1i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower and its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have has occurred and be is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Black Warrior Wireline Corp)

Monthly Financials. To Administrative Agent and Lenders, within thirty (30) days after the end of each Fiscal MonthMonth (other than a Fiscal Month that is the last Fiscal Month of a Fiscal Quarter), financial information regarding Borrower and its Subsidiaries, certified by a the Chief Financial OfficerOfficer of Borrower, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows flow for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) ); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations calculation used in determining compliance with each of the Financial Covenants that is tested Capital Expenditure covenant set forth on a monthly basis Annex G, and (B) the certification of a the Chief Financial Officer of Borrower that (1i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower and its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month month and for that portion of the Fiscal Year period then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.;

Appears in 1 contract

Samples: Credit Agreement (Zomax Optical Media Inc)

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Monthly Financials. To Administrative Agent and Lenders, within thirty (30) Within 30 days after the end of each Fiscal Month, financial information regarding Borrower the Loan Parties and its their Subsidiaries, certified by a the Chief Financial OfficerOfficer of the Loan Parties, consisting of consolidated and Consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) adjustments and the absence of footnote disclosures); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") Certificate showing the calculations used in determining compliance with each the Financial Covenant (whether or not a Financial Covenant Period is then in effect) and a certification of the Financial Covenants that is tested on a monthly basis and (B) the certification of a Chief Financial Officer of the Loan Parties that (1A) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustmentsadjustments and the absence of footnote disclosures) the financial position and results of operations of Borrower and its Subsidiaries, the Loan Parties on a consolidated and Consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2B) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mammoth Energy Services, Inc.)

Monthly Financials. To Administrative Agent and LendersBlack Diamond, within thirty (30) days after the end of each Fiscal Month, financial information regarding Borrower and its Subsidiaries, certified by a the Principal Financial OfficerOfficer of Borrower, consisting of consolidated (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) ); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants that is tested on a monthly basis and (B) the certification of a the Principal Financial Officer of Borrower that (1i) such financial information presents fairly in all material respects in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower and its Subsidiaries, on a consolidated basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2ii) any other information presented is true, correct and complete in all material respects and that to his knowledge there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have has occurred and be is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Applied Extrusion Technologies Inc /De)

Monthly Financials. To Administrative Agent and Lenders, within thirty (30) days after the end of each Fiscal Month, financial information regarding Borrower Borrowers and its their Subsidiaries, certified by a the Chief Financial OfficerOfficer of Borrower Representative, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to the absence of footnotes and to normal year-end adjustments) ); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants Covenant that is tested on a monthly basis basis, and (B) the certification of a the Chief Financial Officer of Borrower Representative that (1i) such financial information presents fairly in accordance with GAAP (subject to the absence of footnotes and to normal year-end adjustments) the financial position and results of operations of Borrower Borrowers and its their Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have has occurred and be is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Brightpoint Inc)

Monthly Financials. To Administrative Agent and Lenders, within thirty (30) 30 days after the end of each Fiscal Month, financial information regarding Borrower and its Subsidiaries, and upon request of Agent, certified by a the Chief Financial OfficerOfficer of Borrower, consisting of consolidated and consolidating (i) consolidated (A) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month and Month; (Bii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the monthly figures, if any, figures for the corresponding correspond ing period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year-end adjustments) ); and (iiiii) a summary of the consolidated Cash on Hand for outstanding balance of all Intercompany Notes as of the last Business Day day of each calendar week occurring during such Fiscal Month and the Business Plan Cash on Hand for such that Fiscal Month. Such financial information shall be accompanied by (A) a statement in reasonable detail (each, a "Compliance Certificate") showing the calculations used in determining compliance with each of the Financial Covenants that is tested on a monthly basis and (B) the certification of a the Chief Financial Officer of Borrower that (1i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower and its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (2ii) any other information presented is true, correct and complete in all material respects and that there was no Default or Event of Default in existence as of such time or, if a Default or Event of Default shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.. (b)

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

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