Common use of Periodic Reporting Clause in Contracts

Periodic Reporting. As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter: (i) consolidated statements of income, retained earnings and cash flow of Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter, and a consolidated balance sheet of Borrower as of the end of such Fiscal Quarter, setting forth in each case, in comparative form, figures (1) in the case of statements, for the corresponding periods in the preceding Fiscal Year and (2) in the case of balance sheets, as of a date one year earlier, all in reasonable detail and certified as accurate by an Authorized Officer pursuant to a certificate in the form of Exhibit E attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements prepared in the ordinary course, if any, in which the actual cash flow and income for such Fiscal Quarter and for the period from the start of the then current Fiscal Year to the end of such Fiscal Quarter, and the actual balance sheets at the end of such Fiscal Quarter (in each case as required to be delivered pursuant to subsection 7.1(A) (i) hereof are compared with the corresponding projected statements of income and cash flow and balance sheets for such periods and time furnished to Lender pursuant to subsection 7.l (F) below, in each case in the same format as the audited statements of income and cash flow and the audited balance sheet; (a) as reasonably requested by Lender, copies of consolidated operating statements for such Fiscal Quarter prepared by Borrower for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data, and (b) a comparison of actual cash flow and Capital Expenditures with amounts budgeted for such Fiscal Quarter; (iv) calculations setting forth the compliance with the financial covenants set forth in subsection 8.14 hereof for the most recently completed Fiscal Quarter; and (v) in the event that any of the foregoing statements indicate that Borrower has varied in any material respect from any financial projections provided by Borrower to Lender, upon Lender’s reasonable request a statement of explanation of such deviation from an Authorized Officer;

Periodic Reporting. As Lessee shall deliver to Agent (with copies for each Lessor): (i) as soon as practicable, available and in any event within forty-five (45) 45 days after the end of each Fiscal Quarter: (i) consolidated statements of income, retained earnings and cash flow of Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to first three quarters of each fiscal year of the end of such Fiscal QuarterParent, and a consolidated Consolidated balance sheet of Borrower the Parent and its Subsidiaries as of the end of such Fiscal Quarter, setting forth in each case, in comparative form, figures (1) in quarter and Consolidated statements of income and cash flows of the case of statements, Parent and its Subsidiaries for the corresponding periods period commencing at the end of the previous fiscal year of the Parent and ending with the end of such quarter, duly certified (subject to year-end audit adjustments) by a Responsible Officer of the Parent as having been prepared in the preceding Fiscal Year accordance with generally accepted accounting principles and (2) in the case of balance sheets, as of a date one year earlier, all in reasonable detail and certified as accurate by an Authorized Officer pursuant to a certificate of the chief financial officer of the Parent (in the form of Exhibit E attached F hereto) as to compliance with the terms of this Agreement, subject together with confirmation of the Pricing Index, and setting forth in reasonable detail the calculations necessary to changes resulting from normal year-end adjustmentsdemonstrate compliance with Section 6.1(h), provided that, in the event of any change in GAAP used in the preparation of such financial statements, the Lessee shall also provide, if necessary for the determination of compliance with Section 6.1(h), a statement of reconciliation conforming such financial statements to GAAP; (ii) statements prepared as soon as available and in any event within 90 days after the ordinary courseend of each fiscal year of the Parent, if any, in which a copy of the actual cash flow and income audited annual report for such Fiscal Quarter and year for the period from the start Parent and its Consolidated Subsidiaries, and a Consolidated balance sheet of the then current Fiscal Year to Parent and its Subsidiaries as of the end of such Fiscal Quarter, fiscal year and the actual balance sheets at the end of such Fiscal Quarter (in each case as required to be delivered pursuant to subsection 7.1(A) (i) hereof are compared with the corresponding projected Consolidated statements of income and cash flow flows of the Parent and balance sheets its Subsidiaries for such periods and time furnished to Lender pursuant to subsection 7.l (F) belowfiscal year, and, in each the case of the audited annual report, accompanied by an unqualified opinion by Xxxxxx Xxxxxxxx LLP or other independent public accountants acceptable to the Required Lessors, together with a certificate of a Responsible Officer of the Parent (in the same format form of Exhibit F hereto) as to compliance with the audited terms of this Agreement, together with confirmation of the Pricing Index, and setting forth in reasonable detail the calculations necessary to demonstrate compliance with Section 6.1(h) provided that, in the event of any change in GAAP used in the preparation of such financial statements, the Lessee shall also provide, if necessary for the determination of compliance with Section 6.1(h), a statement of reconciliation conforming such financial statements to GAAP; and (iii) not later than the end of the first month of each fiscal year of the Parent, annual forecasts (to include forecasted consolidated balance sheets, statements of income and cash flow expenses and the audited balance sheet; (a) as reasonably requested by Lender, copies of consolidated operating statements for such Fiscal Quarter prepared by Borrower for internal use, including, without limitation, statements of cash flow) for the Parent, purchases Lessee and sales their Subsidiaries as at the end of inventory and other similar data, and (b) a comparison for each quarter of actual cash flow and Capital Expenditures with amounts budgeted for such Fiscal Quarterfiscal year; (iv) calculations as soon as possible and in any event within five days after a Responsible Officer obtains knowledge of the occurrence of each Default continuing on the date of such statement, a statement of the chief financial officer of Lessee setting forth details of such Default and the compliance action which Lessee has taken and proposes to take with respect thereto; (v) promptly after the filing thereof, copies of all material reports and registration statements that the Parent or any Subsidiary files with the financial covenants set forth Securities and Exchange Commission; (vi) promptly after the sending or filing thereof, copies of all reports which the Parent sends to any of its securityholders, and copies of all reports and registration statements which the Parent or any Subsidiary files with the Securities and Exchange Commission or any national securities exchange; (vii) promptly after the filing thereof, a copy of any notice of reportable event, within the meaning of Section 4043 of ERISA, with respect to any Plan of the Lessee or any Subsidiary unless the 30-day notice requirement with respect to such event has been waived by the PBGC; (viii) promptly after becoming aware of any Material Adverse Change, a description thereof; (ix) promptly after receiving notification thereof from the Index Reference, copies of all notices, reports or other correspondence regarding any change to the Pricing Index, including any change in subsection 8.14 hereof for such Pricing Index or the most recently completed Fiscal Quarteroutlook in respect of such Pricing Index; and (vx) in such other information respecting the event that condition or operations, financial or otherwise, of Lessee or any of its Subsidiaries as any Lessor through the foregoing statements indicate that Borrower has varied in any material respect Agent may from any financial projections provided by Borrower time to Lender, upon Lender’s reasonable request a statement of explanation of such deviation from an Authorized Officer;time reasonably request.

Periodic Reporting. As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter: (i) consolidated statements of income, retained earnings and cash flow of Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter, and a consolidated balance sheet of Borrower as of the end of such Fiscal Quarter, setting forth in each case, in comparative form, figures (1) in the case of statements, for the corresponding periods in the preceding Fiscal Year and (2) in the case of balance sheets, as of the last day of the preceding Fiscal Year (unless a date one year earlierdifferent period is reasonably requested by the Lender), all in reasonable detail and certified as accurate by an Authorized Officer pursuant to a certificate in the form of Exhibit E A attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements prepared in the ordinary course, if any, in which the actual cash flow and income for such Fiscal Quarter and for the period from the start of the then current Fiscal Year to the end of such Fiscal Quarter, the cash flows for the period from the start of the then current Fiscal Year to the end of such Fiscal Quarter, and the actual balance sheets at the end of such Fiscal Quarter (in each case as required to be delivered pursuant to subsection 7.1(A) (i) hereof hereof) are compared with the corresponding projected statements of income and cash flow and balance sheets for such periods and time furnished to Lender pursuant to subsection 7.l (F) below, in each case in the same format as the audited statements of income and cash flow and the audited balance sheet; all in reasonable detail along with a Covenant Compliance Certificate certified by an Authorized Officer pursuant to a certificate in the form of Exhibit A attached hereto; (iii) (a) as reasonably requested by Lender, copies of consolidated operating statements for such Fiscal Quarter prepared by Borrower for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data, and (b) a comparison of actual cash flow and Capital Expenditures with amounts budgeted for such Fiscal Quarter; (iv) calculations setting forth the compliance with the financial covenants set forth in subsection 8.14 hereof for the most recently completed Fiscal Quarter; and (v) in the event that any of the foregoing statements indicate that Borrower has varied in any material respect from any financial projections provided by Borrower to Lender, upon Lender’s reasonable request a statement of explanation of such deviation from an Authorized Officer;

Periodic Reporting. As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter: (i) consolidated statements of income, retained earnings and cash flow of Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter, and a consolidated balance sheet of Borrower as of the end of such Fiscal Quarter, setting forth in each case, in comparative form, figures (1) in the case of statements, for the corresponding periods in the preceding Fiscal Year and (2) in the case of balance sheets, as of the last day of the preceding Fiscal Year (unless a date one year earlierdifferent period is reasonably requested by the Lender), all in reasonable detail and certified as accurate by an Authorized Officer pursuant to a certificate in the form of Exhibit E A attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements prepared in the ordinary course, if any, in which the actual cash flow and income for such Fiscal Quarter and for the period from the start of the then current Fiscal Year to the end of such Fiscal Quarter, the cash flows for the period from the start of the then current Fiscal Year to the end of such Fiscal Quarter, and the actual balance sheets at the end of such Fiscal Quarter (in each case as required to be delivered pursuant to subsection 7.1(A) (i) hereof hereof) are compared with the corresponding projected statements of income and cash flow and balance sheets for such periods and time furnished to Lender pursuant to subsection 7.l (F) below, in each case in the same format as the audited statements of income and cash flow and the audited balance sheet; all in reasonable detail along with a Covenant Compliance Certificate certified by an Authorized Officer pursuant to a certificate in the form of Exhibit A attached hereto; (iii) (a) as reasonably requested by Lender, copies of consolidated operating statements for such Fiscal Quarter prepared by Borrower for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data, and (b) a comparison of actual cash flow and Capital Expenditures with amounts budgeted for such Fiscal Quarter; (iv) calculations setting forth the compliance with the financial covenants set forth in subsection 8.14 hereof for the most recently completed Fiscal Quarter; and (v) in the event that any of the foregoing statements indicate that Borrower has varied in any material respect from any financial projections provided by Borrower to Lender, upon Lender’s reasonable request a statement of explanation of such deviation from an Authorized Officer;

Periodic Reporting. As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter: (i) consolidated statements of income, retained earnings and cash flow of Borrower for such calendar month and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter, and a consolidated balance sheet of Borrower as of the end of such Fiscal Quarter, setting forth in each case, in comparative form, figures (1) in the case of statements, for the corresponding periods in the preceding Fiscal Year and (2) in the case of balance sheets, as of a date one year earlier, all in reasonable detail and certified as accurate by an Authorized Officer pursuant to a certificate in the form of Exhibit E attached hereto, subject to changes resulting from normal year-end adjustments; (ii) statements prepared in the ordinary course, if any, in which the actual cash flow and income for such Fiscal Quarter and for the period from the start of the then current Fiscal Year to the end of such Fiscal Quarter, and the actual balance sheets at the end of such Fiscal Quarter (in each case as required to be delivered pursuant to subsection 7.1(A) (i) hereof are compared with the corresponding projected statements of income and cash flow and balance sheets for such periods and time furnished to Lender pursuant to subsection 7.l (F) below, in each case in the same format as the audited statements of income and cash flow and the audited balance sheet; (a) as reasonably requested by Lender, copies of consolidated operating statements for such Fiscal Quarter prepared by Borrower for internal use, including, without limitation, statements of cash flow, purchases and sales of inventory and other similar data, and (b) a comparison of actual cash flow and Capital Expenditures with amounts budgeted for such Fiscal Quarter; (iv) calculations setting forth the compliance with the financial covenants set forth in subsection 8.14 hereof for the most recently completed Fiscal Quarter; and (v) in the event that any of the foregoing statements indicate that Borrower has varied in any material respect from any financial projections provided by Borrower to Lender, upon Lender’s 's reasonable request a statement of explanation of such deviation from an Authorized Officer;