Common use of Pro Forma Balance Sheet; Financial Statements Clause in Contracts

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are available.

Appears in 5 contracts

Samples: Credit Agreement (Lear Corp), Credit Agreement (Lear Corp), Second Lien Credit Agreement (Lear Corp)

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Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) the audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year described in Section 7.1 and (iii) unaudited interim consolidated financial statements of Holdings for the Borrower and its Subsidiaries for each most recent fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements statement delivered pursuant to clause (iii) of this paragraph as to which such financial statements are have been made publicly available.

Appears in 3 contracts

Samples: Credit Agreement (Laidlaw Environmental Services Inc), Credit Agreement (Laidlaw Environmental Services Inc), Credit Agreement (Safety Kleen Corp/)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Group Members for the most recently ended 2006 and 2005 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Group Members for each fiscal month and quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 3 contracts

Samples: Term Loan and Revolving Credit Agreement (Federal Mogul Corp), Term Loan Agreement (Federal-Mogul Corp), Term Loan and Revolving Credit Agreement (Federal-Mogul Corp)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the a reasonably satisfactory Pro Forma Balance Sheet, (ii) reasonably satisfactory audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2002, 2003 and 2004 fiscal year and years (iii) reasonably satisfactory unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are availableavailable and (iv) a reasonably satisfactory Pro Forma Statement of Operations.

Appears in 3 contracts

Samples: Term Loan Agreement (Eddie Bauer Holdings, Inc.), Term Loan Agreement (Eddie Bauer Holdings, Inc.), Term Loan Agreement (Eddie Bauer Holdings, Inc.)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Acquired Business for the most recently ended 2002 and 2001 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Acquired Business for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as and not less than 45 days prior to which such financial statements are availablethe Closing Date.

Appears in 2 contracts

Samples: Credit Agreement (UCI Holdco, Inc.), Credit Agreement (Chefford Master Manufacturing Co Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, which Pro Forma Balance Sheet shall be in form and substance satisfactory to the Lenders and (ii) audited consolidated satisfactory unaudited interim combined financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Borrowers for each fiscal quarter ended after the date month of the latest applicable financial statements delivered pursuant to clause (i) Borrowers ended in the 1996 fiscal year of this paragraph the Borrowers as to which such financial statements are availableavailable prior to the Closing Date and such financial statements shall not reflect any material adverse change in the combined financial condition of the Borrowers as reflected in the financial statements previously delivered to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) the audited consolidated financial statements of the Borrower referred to in Section 4.1(b) and its Subsidiaries for the most recently ended fiscal year (c), and (iii) unaudited interim consolidated financial statements for each of the Borrower and its Subsidiaries the Acquired Business for each fiscal quarter period ended after subsequent to the date of the latest applicable financial statements delivered pursuant referred to in clause (iii) of this paragraph as to which such financial statements are available.

Appears in 2 contracts

Samples: Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2004, 2005 and 2006 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are publicly available.

Appears in 2 contracts

Samples: Credit Agreement (Iconix Brand Group, Inc.), Credit Agreement (Iconix Brand Group, Inc.)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Borrowers for the most recently ended fiscal year 2005, 2006 and 2007 Fiscal Years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Borrowers for each fiscal quarter Fiscal Quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (Amedisys Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received received, in each case in form and substance satisfactory to the Lenders, (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2000 and 2001 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (Gallipolis Care LLC)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, Sheet and (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year and (iii) pro forma unaudited interim consolidated financial statements of the Borrower Company and its Consolidated Subsidiaries for each fiscal quarter month and quarterly period ended after the date of the latest applicable financial statements delivered pursuant subsequent to clause (i) of this paragraph January 31, 2006 as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (MVC Capital, Inc.)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated and consolidating financial statements of the Borrower and its Subsidiaries for the most recently ended 2003, 2002 and 2001 fiscal year years and (iii) unaudited interim consolidated and consolidating financial statements of the Borrower and its Subsidiaries for each fiscal quarter month and quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (Worldspan L P)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2004, 2005 and 2006 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter ended after December 31, 2006 and filed with the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which SEC, and such financial statements are availableshall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) to the extent any extension of credit is made on the Closing Date, the Pro Forma Balance Sheet, ; (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2008, 2009 and 2010 fiscal year years; and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (World Wrestling Entertainmentinc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Surviving US Borrower and its Subsidiaries for the most recently ended 2002, 2003 and 2004 fiscal year years and (iii) unaudited interim consolidated financial statements of the Surviving US Borrower and its Subsidiaries for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as and at least 40 days prior to which such financial statements are availablethe Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Cogent Management Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated the financial statements referred to in subsection 4.1(b) (it being understood that such information may be furnished in the form of the Borrower and its Subsidiaries for the most recently ended fiscal year a Form 10-K) and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Company for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are availableavailable (it being understood that such information may be furnished in the form of a Form 10-Q).

Appears in 1 contract

Samples: Credit Agreement (DealerTrack Holdings, Inc.)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2002 and 2001 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter month and quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Day International Group Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) the audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year described in Section 7.1 and (iii) unaudited interim consolidated financial 66 statements of Holdings and Historical Laidxxx xxx the Borrower and its Subsidiaries for each most recent fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements statement delivered pursuant to clause (iii) of this paragraph as to which such financial statements are have been made publicly available.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw Environmental Services Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received received, in each case in form and substance satisfactory to the Lenders, (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2002 and 2003 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (Villa Pines Care LLC)

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Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Holdings for the most recently ended 2000, 2001 and 2002 fiscal year years and (iii) unaudited interim consolidated financial statements of Holdings for the Borrower and its Subsidiaries for each last fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are availableparagraph.

Appears in 1 contract

Samples: Credit Agreement (Empi Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Holdings for the most recently ended 2005, 2004 and 2003 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Holdings for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available, and such financial statements shall not reflect any material adverse change in the consolidated financial condition of Holdings since December 31, 2005.

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Edgen/Xxxxxx X.X. for the most recently ended 2006 fiscal year year, (iii) audited combined financial statements of Target for the 2006 fiscal year, and (iiiiv) unaudited interim consolidated financial statements of each of the US Borrower and its Subsidiaries PAL for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: First Lien Credit Agreement (Edgen Murray LTD)

Pro Forma Balance Sheet; Financial Statements. The Lenders Initial Lender shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year ending December 31, 2005, and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Term Loan Agreement (Global Geophysical Services Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its consolidated Subsidiaries for the most recently ended 2004 fiscal year and (iii) unaudited interim consolidated financial statements of the Borrower and its consolidated Subsidiaries for each the fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are availableMarch 31, 2005.

Appears in 1 contract

Samples: Credit Agreement (Kerr McGee Corp /De)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Target for the most recently ended 2005 and 2004 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Target for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as and not less than 45 days prior to which such financial statements are availablethe Closing Date.

Appears in 1 contract

Samples: Credit Agreement (UCI Holdco, Inc.)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance SheetSheet and related statement of income, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year Acquired Business Historical Financial Statements and (iii) unaudited interim consolidated the Borrower Historical Financial Statements (which shall be accompanied by a certificate from the chief financial statements officer of the Borrower stating that such Borrower Historical Financial Statements, except as described in Schedule 4.1, fairly present in all material respects the consolidated financial condition and its Subsidiaries for each fiscal quarter ended after the date results of operations of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph Borrower as to which at such financial statements are availabledates and for the periods then ended).

Appears in 1 contract

Samples: Credit Agreement (Verint Systems Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries Edgen/Xxxxxx X.X. for the most recently ended 2006 fiscal year year, (iii) audited combined financial statements of Target for the 2006 fiscal year, and (iiiiv) unaudited interim consolidated financial statements of each of the Borrower and its Subsidiaries PAL for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Edgen Murray LTD)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended fiscal year years ending December 31, 2003 and December 31, 2004 and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter ended after the date of the latest last applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (Lin Television Corp)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2006, 2005 and 2004 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries Borrower, reviewed by the Borrower’s independent accountants, for (x) each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are availableavailable and (y) for the same period of the prior fiscal year.

Appears in 1 contract

Samples: Credit Agreement (Metavante Technologies, Inc.)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received received, in each case in form and substance satisfactory to the Lenders, (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its Subsidiaries for the most recently ended 2003 and 2004 fiscal year years and (iii) unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter quarterly period ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (Extendicare Health Services Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower and its Subsidiaries for the most recently ended fiscal year Target described in Sections 4.1(b) and (c), and (iii) unaudited interim consolidated financial statements of the US Borrower and its Subsidiaries the Target for each fiscal quarter month ended after subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iii) of this paragraph Section as to which such financial statements are available.

Appears in 1 contract

Samples: Credit Agreement (LKQ Corp)

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