Common use of Quarterly and Monthly Financial Statements Clause in Contracts

Quarterly and Monthly Financial Statements. (i) As soon as available and in any event within 45 days after the end of each fiscal quarter of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter of any fiscal year shall be preliminary and subject to completion of the annual audit), balance sheets of the Consolidated Companies as at the end of such quarter presented on both a consolidated and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Interface's fiscal year ended at the end of such quarter, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Interface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Interface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) (it being agreed that the requirements of this subsection may be satisfied by the delivery of the applicable quarterly report on Form 10-Q of Interface to the Securities and Exchange Commission to the extent that (i) it contains the foregoing information and (ii) it is delivered within the applicable time period noted herein and is available to the Lenders on XXXXX); (ii) As soon as available and in any event within 30 days after the end of each fiscal month of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter month of any fiscal year shall be preliminary and subject to completion of the annual audit), balance sheets of the Consolidated Companies as at the end of such month presented on a consolidated and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal month and for the portion of Interface's fiscal year ended at the end of such month, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding month and the corresponding portion of Interface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal month on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal month and such portion of Interface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Credit Agreement (Interface Inc)

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Quarterly and Monthly Financial Statements. (i) As soon as ------------------------------------------ available and in any event within 45 days after the end of each fiscal quarter of Interface Parent (provided that other than the financial statements required to be delivered pursuant to this subsection (b) for the last fourth fiscal quarter of any fiscal year shall be preliminary and subject to completion of the annual auditquarter), balance sheets of the Consolidated Companies Parent and its Subsidiaries as at the end of such quarter presented on both a consolidated and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies Parent and its Subsidiaries for such fiscal quarter and for the portion of InterfaceParent's fiscal year Fiscal Year ended at the end of such quarter, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of InterfaceParent's previous fiscal yearFiscal Year, all in reasonable detail and certified certified, with respect to the quarterly statements, by the chief financial officer or principal accounting officer of Interface Borrower that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies Parent and its Subsidiaries as at the end of such fiscal quarter on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies Parent and its Subsidiaries for such fiscal quarter and such portion of InterfaceParent's fiscal yearFiscal Year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) (it being agreed that the requirements of this subsection may be satisfied by the delivery of the applicable quarterly report on Form 10-Q of Interface to the Securities and Exchange Commission to the extent that (i) it contains the foregoing information and (ii) it is delivered within the applicable time period noted herein and is available to the Lenders on XXXXX); (ii) As as soon as available and in any event within 30 days after the end of each fiscal month of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter month of any fiscal year shall be preliminary and subject to completion of the annual audit)calendar month, balance sheets of the Consolidated Companies Parent and its Subsidiaries as at the end of such month presented on a consolidated and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies Parent and its Subsidiaries for such fiscal month and for the portion of InterfaceParent's fiscal year Fiscal Year ended at the end of such month, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding month and the corresponding portion of InterfaceParent's previous fiscal yearFiscal Year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal month on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal month and such portion of Interface's fiscal yeardetail, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Credit Agreement (Krystal Company)

Quarterly and Monthly Financial Statements. (i) As soon as available ---------------------------------------------- available, and in any event within 45 sixty (60) days after the end of each fiscal quarter of Interface the first three (provided that the financial statements required to be delivered pursuant to this subsection (b3) for the last fiscal quarter quarters of any each fiscal year shall be preliminary and subject to completion of the annual audit)Borrower, balance sheets a copy of an unaudited financial report of the Consolidated Companies Borrower and the Subsidiaries as at of the end of such quarter presented on both a consolidated and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Interface's the fiscal year ended at the end of such quarterthen ended, presented containing, on a consolidated and (as to each Major Divisionthe extent required by GAAP) consolidating basis setting forth basis, balance sheets and statements of income, and cash flow, in each case setting forth in comparative form the figures for the corresponding quarter and period of the corresponding portion of Interface's previous preceding fiscal year, all in reasonable detail and certified by an Authorized Officer of the chief financial officer or principal accounting officer Borrower to have been prepared in accordance with GAAP and to fairly and accurately present (subject to the absence of Interface that such financial statements fairly present in all material respects footnotes and year-end audit adjustments) the financial condition and results of operations of the Consolidated Companies as at Borrower and the end of such fiscal quarter Subsidiaries, on a consolidated and (as to each Major Divisionthe extent required by GAAP) consolidating basis, at the date and for the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Interface's fiscal yearperiods indicated therein, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) (it being agreed that the requirements of this subsection may be satisfied by the delivery of the applicable quarterly report on Form 10-Q of Interface to the Securities and Exchange Commission to the extent that (i) it contains the foregoing information and (ii) it is delivered within the applicable time period noted herein and is available to the Lenders on XXXXX); (ii) As as soon as available available, and in any event within 30 thirty (30) days after the end of each fiscal month of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter month of any each fiscal year shall be preliminary and subject to completion of the annual audit)Borrower, balance sheets a copy of an unaudited financial report of the Consolidated Companies Borrower and the Subsidiaries as at of the end of such month presented on a consolidated and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal month and for the portion of Interface's the fiscal year ended at the end of such monththen ended, presented containing, on a consolidated basis, balance sheets and (as to each Major Division) consolidating basis setting forth statements of income, and cash flow, in each case setting forth in comparative form the figures for the corresponding month and period of the corresponding portion of Interface's previous preceding fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition an Authorized Officer of the Consolidated Companies as at the end of such fiscal month on a consolidated and (as Borrower to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal month and such portion of Interface's fiscal year, have been prepared in accordance with GAAP consistently applied and to fairly and accurately present (subject to normal the absence of footnotes and year-end audit adjustments adjustments) the financial condition and results of operations of the Borrower and the absence of certain footnotesSubsidiaries, on a consolidated basis, at the date and for the periods indicated therein; (c);

Appears in 1 contract

Samples: Loan Agreement (Pizza Inn Inc /Mo/)

Quarterly and Monthly Financial Statements. (i) As soon as available and in any event within 45 five (5) days after the date on which such financial statements are required to be filed with the SEC (after giving effect to any permitted extensions) with respect to each of the first three quarterly accounting periods in each fiscal year of the Parent Borrower (or, if such financial statements are not required to be filed with the SEC, on or before the date that is fifty (50) days after the end of each such quarterly accounting period), the consolidated balance sheets of the Parent Borrower and the Restricted Subsidiaries, in each case as at the end of such quarterly period and the related consolidated statements of operations for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and the related consolidated statement of cash flows for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and setting forth comparative consolidated figures for the related periods in the prior fiscal year or, in the case of such consolidated balance sheet, for the last day of the prior fiscal year (or, in lieu of such unaudited financial statements of the Parent Borrower and the Restricted Subsidiaries, a detailed reconciliation reflecting such financial information for the Parent Borrower and the Restricted Subsidiaries, on the one hand, and the Parent Borrower and the Subsidiaries, on the other hand), all of which shall be certified by an Authorized Officer of the Parent Borrower as fairly presenting in all material respects the financial condition, results of operations, stockholders’ equity and cash flows of the Parent Borrower and its Subsidiaries in accordance with GAAP, subject to changes resulting from audit and normal year-end audit adjustments; provided, that, at any time on and after Excess Availability is less than twelve and one-half percent (12.5%) of the Total Revolving Credit Commitment, upon Agent’s request, as soon as available, but in any event within thirty (30) days after the end of each fiscal quarter of Interface (provided that month, Borrowers shall provide monthly the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter of any fiscal year shall be preliminary and subject to completion of the annual audit), consolidated balance sheets of the Consolidated Companies Parent Borrower and the Restricted Subsidiaries in each case as at the end of such quarter presented on both a consolidated and (as to each Major Division) consolidating basis monthly period and the related consolidated statements of income, shareholders' equity, and cash flows of the Consolidated Companies operations for such fiscal quarter monthly accounting period and for the elapsed portion of Interface's the fiscal year ended at with the end last day of such quarter, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Interface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated and (as to each Major Division) consolidating basismonthly period, and the results of operations and statements related consolidated statement of cash flows for such monthly accounting period, which shall be certified by an Authorized Officer of the Consolidated Companies for Parent Borrower as provided above, until such fiscal quarter time thereafter as Excess Availability is equal to or greater than twelve and such portion of Interface's fiscal year, in accordance with GAAP consistently applied one-half percent (subject to normal year-end audit adjustments and the absence of certain footnotes12.5%) (it being agreed that the requirements of this subsection may be satisfied by the delivery of the applicable quarterly report on Form 10-Q Total Revolving Credit Commitment for a period of Interface to the Securities and Exchange Commission to the extent that thirty (i30) it contains the foregoing information and (ii) it is delivered within the applicable time period noted herein and is available to the Lenders on XXXXX); (ii) As soon as available and in any event within 30 days after the end of each fiscal month of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter month of any fiscal year shall be preliminary and subject to completion of the annual audit), balance sheets of the Consolidated Companies as at the end of such month presented on a consolidated and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal month and for the portion of Interface's fiscal year ended at the end of such month, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding month and the corresponding portion of Interface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal month on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal month and such portion of Interface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);consecutive days.

Appears in 1 contract

Samples: Abl Credit Agreement (Dollar General Corp)

Quarterly and Monthly Financial Statements. (ia) As soon as available and available, but in any event within 45 fifty (50) days after the end of each Borrower's first three fiscal quarter quarterly periods in each fiscal year, a consolidated and consolidating balance sheet of Interface (provided that i) all the Borrowers and their Subsidiaries and (ii) the GPC Borrowers and their Subsidiaries as of the last day of such quarter, and the related consolidated and consolidating statements of income and retained earnings and statements of cash flow of such parties, for such quarter, and on a comparative basis with figures for the corresponding period of the immediately preceding fiscal year, as well as a backlog report for each of the GPC Borrowers' business segments, all in reasonable detail; each such statement to be certified in a certificate of the chief financial officer of NPDC on behalf of the Borrowers as accurately presenting in all material respects the financial statements required position and the results of operations of (A) the Borrowers and their Subsidiaries and (B) the GPC Borrowers and their Subsidiaries, as at its date and for such quarter, and as having been prepared in accordance with generally accepted accounting principles consistently applied (subject to be delivered pursuant to this subsection year-end audit adjustments). (b) for the last fiscal quarter of As to NPDC, ISI and Duratek, as soon as available, but in any fiscal year shall be preliminary and subject to completion of the annual audit), balance sheets of the Consolidated Companies as at event within fifty (50) days after the end of such quarter presented its first three fiscal quarterly periods in each fiscal year, true and correct copies of its Quarterly Reports on both a consolidated Form 10-Q for each quarterly period as filed with the Securities and Exchange Commission. (c) As soon as to it is available, but in any event not later than thirty (30) days after the end of each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies fiscal quarters of GPC, a copy of the quarterly business report for such fiscal quarter and for in the portion of Interface's fiscal year ended at form as is currently prepared by GPC or such other form as is reasonably acceptable to the Majority Banks. (d) Within twenty-five (25) days after the end of such quartereach of the fiscal quarters of GPC, presented on a consolidated an accounts receivable aging report of the GPC Borrowers and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Interface's previous fiscal yearMXL, all in reasonable detail and to be certified by the chief financial officer of MXL or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies GPC, as at the end of such fiscal quarter on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Interface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) (it being agreed that the requirements of this subsection may be satisfied by the delivery of the applicable quarterly report on Form 10-Q of Interface to the Securities and Exchange Commission to the extent that (i) it contains the foregoing information and (ii) it is delivered within the applicable time period noted herein and is available to the Lenders on XXXXX);applicable. (iie) As soon as available and in any event within 30 Within fifteen (15) days after the end of each fiscal month of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter month of any fiscal year shall be preliminary and subject to completion of the annual audit)fiscal quarters of NPDC, balance sheets of the Consolidated Companies a schedule, certified as at the end of such month presented on a consolidated true and (as to each Major Division) consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal month and for the portion of Interface's fiscal year ended at the end of such month, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding month and the corresponding portion of Interface's previous fiscal year, all in reasonable detail and certified complete by the chief financial officer or principal accounting officer of Interface NPDC on behalf of the Borrowers, in reasonable detail, listing all of the Borrowers' contingent liabilities that such would be required to be disclosed in the annual audited consolidated financial statements fairly present in all material respects of NPDC or GPC (including the financial condition of the Consolidated Companies as footnotes thereto) if such contingent liabilities existed at the end of such a fiscal month on a consolidated and (as to each Major Division) consolidating basis, and the results year of operations and statements of cash flows of the Consolidated Companies for such fiscal month and such portion of Interface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);NPDC or GPC.

Appears in 1 contract

Samples: Credit Agreement (National Patent Development Corp)

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Quarterly and Monthly Financial Statements. (ia) As soon as available and in any event Furnish Agent (for distribution to the Lenders) within 45 sixty (60) days after the end of each of the first three fiscal quarters of each fiscal year, commencing with the fiscal quarter ending June 30, 2014, an unaudited balance sheet of Interface (provided that Parent Guarantor and its Subsidiaries on a consolidated and consolidating basis and unaudited statements of income and stockholders’ equity and cash flow of Parent Guarantor and its Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the financial statements required to be delivered pursuant to this subsection (b) for beginning of the last fiscal quarter of any fiscal year shall be preliminary and subject to completion of the annual audit), balance sheets of the Consolidated Companies as at the end of such quarter presented on both and for such quarter, and a consolidated and (as to each Major Division) consolidating basis comparison against the balance sheet and the related statements of income, shareholders' equity, and cash flows income for (i) the period from the beginning of the Consolidated Companies for such fiscal quarter and for the portion of Interface's prior fiscal year ended at to the end of the equivalent quarter in such quarter, presented on a consolidated prior fiscal year and (as to each Major Division) consolidating basis setting forth for such equivalent quarter in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Interface's previous prior fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Interface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) (it being agreed that the requirements of this subsection may be satisfied by the delivery of the applicable quarterly report on Form 10-Q of Interface to the Securities and Exchange Commission to the extent that (i) it contains the foregoing information and (ii) it is delivered within for statements of income only, the applicable time period noted herein equivalent quarter in the Financial Projections, in each case, prepared internally on a basis consistent with prior practices and is available complete and correct in all material respects, subject to normal and recurring year-end adjustments that are disclosed to Agent and the Lenders if, in the aggregate, they are material to Borrowers’ business. (b) Furnish Agent (for distribution to the Lenders on XXXXX); (iiLenders) As soon as available and in any event within 30 days after the end of each of the first two months of each fiscal quarter, commencing with the month ending October 31, 2015, an unaudited balance sheet of Interface (provided that Parent Guarantor and its Subsidiaries on a consolidated and consolidating basis and unaudited statements of income and stockholders’ equity and cash flow of Parent Guarantor and its Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the financial statements required to be delivered pursuant to this subsection (b) for beginning of the last fiscal quarter month of any fiscal year shall be preliminary and subject to completion of the annual audit), balance sheets of the Consolidated Companies as at the end of such month presented on and for such month, and a consolidated and (as to each Major Division) consolidating basis comparison against the balance sheet and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal month and income for the portion period from the beginning of Interface's prior fiscal year ended at to the end of the equivalent month in such month, presented on a consolidated prior fiscal year and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding month and the corresponding portion of Interface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal month on a consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal equivalent month and such portion of Interface's in the prior fiscal year, in accordance each case, prepared internally on a basis consistent with GAAP consistently applied (prior practices and complete and correct in all material respects, subject to normal and recurring year-end audit adjustments that are disclosed to Agent and the absence of certain footnotes);Lenders if, in the aggregate, they are material to Borrowers’ business.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Emerge Energy Services LP)

Quarterly and Monthly Financial Statements. (i) As soon as available and Within five days after the date on which such financial statements are required to be filed with the SEC (after giving effect to any permitted extensions) with respect to each of the first three quarterly accounting periods in any event within 45 each fiscal year of the Borrower (or, if such financial statements are not required to be filed with the SEC, on or before the date that is 60 days after the end of each fiscal quarter of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter of any fiscal year shall be preliminary and subject to completion of the annual auditsuch quarterly accounting period), the consolidated balance sheets of the Consolidated Companies Borrower and the Subsidiaries and, if different, the Borrower and the Restricted Subsidiaries, in each case as at the end of such quarter presented on both a consolidated and (as to each Major Division) consolidating basis quarterly period and the related consolidated statements of incomeoperations, shareholders' equity, ’ equity and cash flows of the Consolidated Companies for such fiscal quarter quarterly accounting period and for the elapsed portion of Interface's the fiscal year ended at with the end last day of such quarterquarterly period, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the consolidated figures for the corresponding quarter related periods in the prior fiscal year or, in the case of such consolidated balance sheet, for the last day of the prior fiscal year (or, in lieu of such unaudited financial statements of the Borrower and the corresponding portion Restricted Subsidiaries, a detailed reconciliation reflecting such financial information for the Borrower and the Restricted Subsidiaries, on the one hand, and the Borrower and the Subsidiaries, on the other hand, reflecting adjustments necessary to eliminate the accounts of Interface's previous fiscal yearUnrestricted Subsidiaries (if any) from such consolidated financial statements), all in reasonable detail and of which shall be certified by a Financial Officer of the chief financial officer or principal accounting officer of Interface that such financial statements Borrower as fairly present presenting in all material respects the financial condition condition, results of operations, shareholders’ equity and cash flows, of the Consolidated Companies as at the end of such fiscal quarter on a Borrower and its consolidated and (as to each Major Division) consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Interface's fiscal year, Subsidiaries in accordance with GAAP consistently applied (GAAP, subject to changes resulting from audit and normal year-end audit adjustments and the absence of certain footnotes. Notwithstanding the foregoing, the obligations in this Section 9.1(b) (it being agreed that the requirements of this subsection may be satisfied by the delivery with respect to financial information of the Borrower and its consolidated Subsidiaries by furnishing (A) the applicable quarterly report on financial statements of any direct or indirect parent of the Borrower or (B) the Borrower’s (or any direct or indirect parent thereof), as applicable, Form 10-Q filed with the SEC; provided that, with respect to each of Interface to the Securities clauses (A) and Exchange Commission (B), to the extent that (i) it contains the foregoing such information and (ii) it is delivered within the applicable time period noted herein and is available relates to the Lenders on XXXXX); (ii) As soon as available and in any event within 30 days after the end of each fiscal month of Interface (provided that the financial statements required to be delivered pursuant to this subsection (b) for the last fiscal quarter month of any fiscal year shall be preliminary and subject to completion a parent of the annual audit)Borrower, balance sheets of the Consolidated Companies as at the end of such month presented on a consolidated and (as to each Major Division) information is accompanied by consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal month and for the portion of Interface's fiscal year ended at the end of such month, presented on a consolidated and (as to each Major Division) consolidating basis setting forth in each case in comparative form the figures for the corresponding month and the corresponding portion of Interface's previous fiscal year, all information that explains in reasonable detail the differences between the information relating to such parent and certified by its consolidated Subsidiaries, on the chief financial officer or principal accounting officer of Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal month on a consolidated and (as to each Major Division) consolidating basisone hand, and the results of operations information relating to the Borrower and statements of cash flows of the Consolidated Companies for such fiscal month and such portion of Interface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments its consolidated Subsidiaries and the absence of certain footnotes);Borrower and its consolidated Restricted Subsidiaries on a standalone basis, on the other.

Appears in 1 contract

Samples: Senior Secured Superpriority Debtor in Possession Credit Agreement (EP Energy LLC)

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