Common use of Parent Financials Clause in Contracts

Parent Financials. Notwithstanding the requirements of Sections 9.6, 9.7 and 9.8, the obligations to deliver the financial statements of the Issuer and its consolidated Subsidiaries may be satisfied by (A) on and after the Closing Date (and until an election made pursuant to clause (B) below), furnishing the applicable financial statements of KGH and its consolidated Subsidiaries and (B) to the extent the Issuer has provided at least thirty (30) days’ prior written notice to Agent and the Purchasers as to such change, Holdings and its consolidated Subsidiaries; provided that, (i) such information is accompanied by unaudited consolidating information that explains in reasonable detail the differences between the information relating to either KGH or Holdings, as applicable, and its consolidated Subsidiaries, on the one hand, and the information relating to the Issuer and its consolidated Subsidiaries on a standalone basis, on the other hand and (ii) to the extent annual financial statements provided pursuant to this Section 9.5 are in lieu of the annual financial statements required to be provided under Section 9.6, such annual financial statements are accompanied by a report and opinion of KPMG LLP or any other independent registered public accounting firm of nationally recognized standing, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” paragraph or any other like qualification or exception or any qualification or exception as to the scope of such audit. .

Parent Financials. Notwithstanding the requirements of Sections 9.6, 9.7 and 9.8, the obligations to deliver the financial statements of the Issuer and its consolidated Subsidiaries may be satisfied by (A) on and after the Closing Date (and until an election made pursuant to clause (B) below), furnishing the applicable financial statements of KGH and its consolidated Subsidiaries and (B) to the extent the Issuer has provided at least thirty (30) days’ prior written notice to Agent and the Purchasers as to such change, Holdings and its consolidated Subsidiaries; provided that, (i) such information is accompanied by unaudited consolidating information that explains in reasonable detail the differences between the information relating to either KGH or Holdings, as applicable, and its consolidated Subsidiaries, on the one hand, and the information relating to the Issuer and its consolidated Subsidiaries on a standalone basis, on the other hand and (ii) to the extent annual financial statements provided pursuant to this Section 9.5 are in lieu of the annual financial statements required to be provided under Section 9.6, such annual financial statements are accompanied by a report and opinion of KPMG LLP or any other independent registered public accounting firm of nationally recognized standing, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” paragraph or any other like qualification or exception or any qualification or exception as to the scope of such audit. .

Parent Financials. Notwithstanding the requirements of Sections 9.69.7, 9.7 9.8 and 9.89.9, the obligations to deliver the financial statements of the Issuer and its consolidated Subsidiaries Borrowers may be satisfied by (A) on and after the Closing Date (and until an election made pursuant to clause (B) below), furnishing the applicable financial statements of KGH and its consolidated Subsidiaries and (B) to the extent the Issuer has Borrowers have provided at least thirty (30) days’ prior written notice to Agent and the Purchasers as to such change, Holdings and its consolidated Subsidiaries; provided that, (i) such information is accompanied by unaudited consolidating information that explains in reasonable detail the differences between the information relating to either KGH or Holdings, as applicable, and its consolidated Subsidiaries, on the one hand, and the information relating to the Issuer Borrowers and its their consolidated Subsidiaries on a standalone basis, on the other hand and (ii) to the extent annual financial statements provided pursuant to this Section 9.5 9.6 are in lieu of the annual financial statements required to be provided under Section 9.69.7, such annual financial statements are accompanied by a report and opinion of KPMG LLP or any other independent registered public accounting firm of nationally recognized standing, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” paragraph or any other like qualification or exception or any qualification or exception as to the scope of such audit. .

Parent Financials. Notwithstanding the requirements of Sections 9.610.06, 9.7 10.07 and 9.810.08, the obligations to deliver the consolidated financial statements of the Issuer and its consolidated Subsidiaries Parent Guarantor may be satisfied by (A) on and after the Closing Date (and until an election made pursuant to clause (B) below), furnishing the applicable financial statements of KGH and its consolidated Subsidiaries and (B) to the extent the Issuer has Borrowers have provided at least thirty (30) days’ prior written notice to the Administrative Agent and the Purchasers as to such change, Holdings Parent Guarantor and its consolidated Subsidiaries; provided that, (i) such information is accompanied by unaudited consolidating information that explains in reasonable detail the differences between the information relating to either KGH or Holdings, as applicable, and its consolidated Subsidiaries, on the one hand, and the information relating to the Issuer Parent Guarantor and its consolidated Subsidiaries on a standalone basis, on the other hand and (ii) to the extent annual financial statements provided pursuant to this Section 9.5 10.05 are in lieu of the annual financial statements required to be provided under Section 9.610.06, such annual financial statements are accompanied by a report and opinion of KPMG LLP or any other independent registered public accounting firm of nationally recognized standing, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” paragraph or any other like qualification or exception or any qualification or exception as to the scope of such audit. .