Common use of Monthly Financials Clause in Contracts

Monthly Financials. To Agent and Lenders, within thirty (30) days after the end of each Fiscal Month (other than January), financial information regarding Borrowers and their Subsidiaries, certified by the chief financial officer or treasurer of Borrower 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 GAAP (subject to normal year-end adjustments); (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month; and (iv) a summary of the total Net Sales as of the last day of that Fiscal Month for such Fiscal Month and for the Fiscal Year to date. Such financial information shall be accompanied by the certification of the 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 Borrowers and 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 (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 has occurred and 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 thirty (30) days after the end of each Fiscal Month (other than January)Month, financial information regarding Borrowers Holdings and their its Subsidiaries, certified by the chief financial officer or treasurer Chief Financial Officer of Borrower Representative, consisting of consolidated and consolidating (i) unaudited balance sheets as of the close of such Fiscal Month and the related statements consolidated and consolidating statement of income and consolidated statement of 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 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 GAAP (subject to normal year-end adjustments); (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month; and (iv) a summary of the total Net Sales as of the last day of that Fiscal Month for such Fiscal Month and for the Fiscal Year to date. Such financial information shall be accompanied by the certification of the chief financial officer or treasurer Chief Financial Officer of Borrower Representative that (i) 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 Borrowers Holdings and their 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 (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 an Event of Default has occurred and is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default. In addition, the financial information for the last month of each Fiscal Quarter shall be accompanied by (A) a Compliance Certificate and (B) a management discussion and analysis that includes a comparison to budget for that Fiscal Quarter and a comparison of performance for that Fiscal Quarter to the corresponding period in the prior year.

Monthly Financials. To Agent and Lenders, within thirty (30) days after the end of each Fiscal Month (other than January)Month, financial information regarding Borrowers Holdings and their its Subsidiaries, certified by the chief financial officer or treasurer Chief Financial Officer of Borrower Representative, consisting of consolidated and consolidating (i) unaudited balance sheets as of the close of such Fiscal Month and the related statements consolidated and consolidating statement of income and consolidated statement of 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 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 GAAP (subject to normal year-end adjustments); (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month; and (iv) a summary of the total Net Sales as of the last day of that Fiscal Month for such Fiscal Month and for the Fiscal Year to date. Such financial information shall be accompanied by the a certification of the chief financial officer or treasurer Chief Financial Officer of Borrower Representative that (ix) 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 Borrowers Holdings and their 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 (iiy) 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 an Event of Default has occurred and is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default. In addition, the financial information for the last month of each Fiscal Quarter shall be accompanied by (A) a Compliance Certificate and (B) a management discussion and analysis that includes a comparison to budget for that Fiscal Quarter and a comparison of performance for that Fiscal Quarter to the corresponding period in the prior year.

Monthly Financials. To Agent As soon as available and Lenders, in any event within thirty (30) 30 days after the end of each Fiscal Month month (other than Januaryfor each month on which a fiscal quarter is also ending, in which event such financials shall be delivered within 45 days), financial information regarding Borrowers commencing June 30, 1998, Consolidated and their Subsidiariesconsolidating balance sheets the Borrower and its Subsidiaries as of the end of such month and Consolidated and consolidating statements of income of the Borrower and its Subsidiaries and Consolidated statements of cash flow of the Borrower and its Subsidiaries for the period commencing at the end of the previous month and ending with the end of such month and Consolidated and consolidating statements of income of the Borrower and its Subsidiaries and Consolidated statements of cash flow of each of the Borrower and its Subsidiaries for the period commencing at the end of the previous Fiscal Year and ending with the end of such month, setting forth in each case in comparative form the corresponding figures for the corresponding month of the preceding Fiscal Year and the corresponding figures for the corresponding month of the current annual forecast, all in reasonable detail and duly certified (subject to year-end audit adjustments) by the chief financial officer or treasurer officers of Borrower Representativethe Borrower, consisting of consolidated and consolidating together with (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 GAAP (subject to normal year-end adjustments); (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month; and (iv) a summary of the total Net Sales as of the last day of that Fiscal Month for such Fiscal Month and for the Fiscal Year to date. Such financial information shall be accompanied by the certification certificate of the 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 Borrowers and their Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such Fiscal Month and for that portion officers of the Fiscal Year then ended and (ii) any other information presented is true, correct and complete in all material respects and Borrower stating that there was no Default or Event of Default in existence as of such time has occurred and is continuing or, if a Default or Event of Default has occurred and is continuing, describing a statement as to the nature thereof and all efforts undertaken the action that the Borrower has taken and proposes to cure take with respect thereto, and (ii) in the event of any change from GAAP in the generally accepted accounting principles used in the preparation of such Default or Event financial statements, a statement of Defaultreconciliation conforming such financial statements to GAAP.

Monthly Financials. To Agent and Lenderseach Lender, if requested by Agent, within thirty (30) days after the end of each Fiscal Month (other than Januarya Fiscal Month that is also the end of a Fiscal Quarter), financial information regarding Borrowers Borrower and their its Subsidiaries, certified by the chief financial officer or treasurer a Responsible Financial Officer of Borrower RepresentativeBorrower, consisting of consolidated and, if applicable and if requested by Agent, consolidating (i) unaudited balance sheets as of the close of such Fiscal Month and the related statements of income and cash flows a summary of Capital Expenditures in each case 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 MonthMonth for each site, setting forth in comparative form the figures for the corresponding period in the prior year and the figures contained in the Projections operating plan (as defined in Annex E, subsection (c)) for such Fiscal Year, all prepared (other than the Projections) in accordance with GAAP (subject to normal year-end adjustments); (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month; Month and (iv) a summary of the total Net Sales as location and a brief description of each digital projector owned by the last day of that Fiscal Month for such Fiscal Month and for the Fiscal Year to dateCredit Parties. Such financial information shall be accompanied by the certification of the chief financial officer or treasurer a Responsible 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 Borrowers Borrower and their its Subsidiaries, on a consolidated and, if applicable and if requested by Agent, 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 has shall have occurred and is 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 thirty forty-five (3045) days after the end of each Fiscal Month (other than January)Month, financial information regarding Borrowers and their Subsidiaries, certified by the chief financial officer or treasurer Chief Financial Officer of Borrower 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; 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 (done on a pro forma basis giving effect to the Acquisition) and the figures contained in the Projections for such Fiscal Year, all prepared (other than the Projections) in accordance with GAAP (subject to normal year-end adjustments); (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month; and (iv) a summary of the total Net Sales as of the last day of that Fiscal Month for such Fiscal Month and for the Fiscal Year to date. Such financial information shall be accompanied by the certification of the chief financial officer or treasurer 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 Borrowers and 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 (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 has occurred and 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 thirty (30) days after the end of each Fiscal Month (other than January), financial information regarding Borrowers and their Subsidiaries, certified by the chief financial officer or treasurer of Borrower 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 GAAP (subject to normal year-end adjustments); (iii) a summary of the outstanding balance of all Intercompany Notes as of the last day of that Fiscal Month; and (iv) a summary of the total Net Sales net sales as of the last day of that Fiscal Month for such Fiscal Month and for the Fiscal Year to date. Such financial information shall be accompanied by the certification of the 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 Borrowers and 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 (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 has occurred and is continuing, describing the nature thereof and all efforts undertaken to cure such Default or Event of Default.