Common use of Monthly Financials Clause in Contracts

Monthly Financials. To Agent and Lenders, within 30 days after the end of each Fiscal Month, financial information regarding Borrower (including Reflections), certified by the Chief Financial Officer of Borrower, consisting of consolidated and consolidating (i) 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; (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the 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; and (iii) a summary of the 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower that (i) such financial information presents fairly in accordance with GAAP the financial position and results of operations of Borrower and each Guarantor, on a combined and combining basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Agent and Lenders, within 30 days after the end of each Fiscal Month, financial information regarding Borrower (including Reflections)and its Subsidiaries, certified by the Chief Financial Officer of Borrower, consisting of (i) consolidated and consolidating (i) 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; (ii) consolidated and consolidating unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form form, solely with respect to statements of income, the 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 GAAPGAAP (subject to normal year-end adjustments); and (iii) a summary of the 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower that (i) 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 each Guarantorits Subsidiaries, on a combined consolidated and combining consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Agent Agents and Lenders, within 30 thirty (30) days after the end of each Fiscal MonthMonth that is not also the end of a Fiscal Quarter, financial information regarding Borrower (including Reflections)Borrowers and their Subsidiaries, certified by the Chief Financial Officer of BorrowerBorrower Representative, consisting of consolidated and consolidating (i) 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; (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the 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 GAAPGAAP (except for the lack of footnotes and subject to normal year-end adjustments); and (iii) a summary of the 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 Covenant Covenants that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Representative that (i) 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 each Guarantortheir Subsidiaries, on a combined consolidated and combining consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Agent and Lenders, within 30 thirty (30) days after the end of each Fiscal MonthMonth commencing with the Fiscal Month ending September 30, 2009, financial information regarding Borrower (including Reflections)Borrowers and their Subsidiaries, certified by the Chief Financial Officer of BorrowerBorrower Representative, consisting of consolidated and consolidating (except with respect to cash flow statements) (i) 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 (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the 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; and GAAP (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Monthsubject to normal year-end adjustments). 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Representative that (i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments and the absence of notes thereto) the financial position and results of operations of Borrower Borrowers and each Guarantortheir Subsidiaries, on a combined consolidated and combining consolidating (except with respect to cash flow statements) basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Agent and LendersAgent, within 30 forty-five (45) days after the end of the Fiscal Months for July and August in each Fiscal Monthyear, financial information regarding Borrower (including Reflections)Holdings and its Subsidiaries, certified by the Chief Financial Officer of BorrowerHoldings, consisting of consolidated and consolidating (i) unaudited balance sheets as of the close of such Fiscal Month and the related unaudited statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such Fiscal Month; Month and (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the unaudited figures for the corresponding period months of July and August in the prior year and the unaudited figures contained in the Projections for such Fiscal Year, all prepared in accordance based on GAAP fundamentals and consistent with GAAP; past practices of Holdings and (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Monthits Subsidiaries but not requiring standard quarterly or year-end adjustments. 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Holdings to Agent and Lenders that (i) such financial information presents fairly has been prepared pursuant to the normal monthly reporting procedures of Holdings in accordance with GAAP past practices consistently applied and fairly represents in all material respects the financial position and results of operations of Borrower Holdings and each Guarantorits Subsidiaries, on a combined and combining consolidated basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended on a basis consistent with the prior year and (ii) any other information presented is true, correct and complete accurate 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.

Monthly Financials. To Agent and Lenders, within 30 thirty (30) days after the end of each Fiscal MonthMonth (other than January), financial information regarding Borrower (including Reflections)Borrowers and their Subsidiaries, certified by the Chief Financial Officer chief financial officer or treasurer of BorrowerBorrower Representative, consisting of consolidated and consolidating (i) 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; (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared (other than the Projections) in accordance with GAAPGAAP (subject to normal year-end adjustments); and (iii) a summary of the 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer chief financial officer or treasurer of Borrower Representative that (i) 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 each Guarantortheir Subsidiaries, on a combined consolidated and combining consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Agent and Lenders, within 30 thirty (30) days after the end of each Fiscal Month, financial information regarding Borrower (including Reflections)Borrowers and their Subsidiaries, certified by the Chief Financial Officer of BorrowerBorrower Representative, consisting of consolidated and consolidating (except with respect to cash flow statements) (i) 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 (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the 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; and GAAP (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Monthsubject to normal year-end adjustments). 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Representative that (i) such financial information presents fairly in accordance with GAAP (subject to normal year-end adjustments and the absence of notes thereto) the financial position and results of operations of Borrower Borrowers and each Guarantortheir Subsidiaries, on a combined consolidated and combining consolidating (except with respect to cash flow statements) basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Agent and Lenders, within 30 Within thirty (30) days after the end of each Fiscal Month, financial information regarding Borrower (including Reflections)and its Subsidiaries, certified by the Chief Financial Officer of BorrowerAstec, consisting of consolidated and consolidating (i) 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, setting forth in comparative form the figures for the corresponding period in the prior year 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 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; and GAAP (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Monthsubject to normal year-end adjustments). 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Astec that (i) 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 each Guarantorits Subsidiaries, on a combined and combining consolidated basis, in each case case, as at the end of such Fiscal Month month and for that portion of the Fiscal Year period then ended and (ii) 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, Borrower shall deliver to Lender, simultaneously with the delivery of the financial statements required by this paragraph (a), a management discussion and analysis; which includes a comparison to the corresponding period in the prior year

Monthly Financials. To Agent and Lenders, within 30 days after the end of each Fiscal MonthMonth or 45 days after the end of the last Fiscal Month in each Fiscal Year, financial information regarding Borrower (including Reflections)OHI and its Subsidiaries, certified by the Chief Financial Officer of BorrowerBorrower Representative, consisting of consolidated and consolidating (i) 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; (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the 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 GAAPGAAP (subject to normal year-end adjustments); and (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month, and (iv) a list of all customer contracts having annualized revenues in excess of $10,000,000 that were executed or terminated during 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Representative that (i) 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 each Guarantortheir Subsidiaries, on a combined and combining consolidated basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Agent and Lenders, within 30 thirty (30) days after the end of each Fiscal MonthMonth (other than the last Fiscal Month of any Fiscal Quarter or Fiscal Year), financial information regarding Borrower (including Reflections)Borrowers and their Subsidiaries, certified by the Chief Financial Officer of BorrowerBorrower Representative, consisting of consolidated and consolidating (i) 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; (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance a manner consistent with GAAPBorrowers’ historical monthly financial reporting practices (subject to normal year-end adjustments); and (iii) a summary of the 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Representative that (i1) all such financial information has been prepared in a manner consistent with Borrowers’ historical monthly financial reporting practices and presents fairly in accordance with GAAP (subject to normal year-end adjustments) the financial position and results of operations of Borrower Borrowers and each Guarantortheir Subsidiaries, on a combined and combining consolidated basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended ended, and (ii2) 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.

Monthly Financials. To Agent and Lenders, within 30 days after the end of each Fiscal Month, financial information regarding Borrower (including Reflections)Borrowers and their Subsidiaries, certified by the Chief Financial Officer of BorrowerDetails, consisting of consolidated and and, except with respect to statements of cash flow, consolidating (i) 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; (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the 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 GAAPGAAP (subject to normal year-end adjustments); and (iii) a summary of the 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower Details that (i) such financial information presents fairly in accordance with GAAP (subject to normal quarterly and year-end adjustments) the financial position and results of operations of Borrower Borrowers and each Guarantortheir Subsidiaries, on a combined consolidated and combining consolidating basis, in each case as at the end of such Fiscal Month and for that portion of the Fiscal Year then ended and (ii) 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.

Monthly Financials. To Administrative Agent and Lenders, within 30 thirty (30) days after the end of each Fiscal Month, financial information regarding Holdings, Borrower (including Reflections)and their Subsidiaries, certified by the Chief Financial Officer of Borrower, consisting of consolidated and consolidating (i) 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; (ii) unaudited statements of income and cash flows for such Fiscal Month, setting forth in comparative form the figures for the corresponding period in the prior year and the figures contained in the Projections Annual Plan or Budget for such Fiscal Year, all prepared in accordance with GAAPGAAP (subject to normal year-end adjustments and the absence of footnotes); and (iii) a summary of the 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 Financial Covenant that is tested on a monthly basis and (B) the certification of the Chief Financial Officer of Borrower that (i) 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 each Guarantorits Subsidiaries, on a combined consolidated and combining 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 (ii) any other information presented in clause (iii) above 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.;