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 Parent (other than the fourth fiscal quarter), balance sheets of the Parent and its Subsidiaries as at the end of such quarter presented on a consolidated and consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Parent and its Subsidiaries for such fiscal quarter and for the portion of Parent's Fiscal Year ended at the end of such quarter, presented on a consolidated and consolidating basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Parent's previous Fiscal Year, all in reasonable detail and certified, with respect to the quarterly statements, by the chief financial officer or principal accounting officer of Borrower that such financial statements fairly present in all material respects the financial condition of the Parent and its Subsidiaries as at the end of such fiscal quarter on a consolidated and consolidating basis, and the results of operations and statements of cash flows of the Parent and its Subsidiaries for such fiscal quarter and such portion of Parent's Fiscal Year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) and (ii) as soon as available and in any event within 30 days after the end of each calendar month, balance sheets of the Parent and its Subsidiaries as at the end of such month presented on a consolidated and consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Parent and its Subsidiaries for such month and for the portion of Parent's Fiscal Year ended at the end of such month, presented on a consolidated and consolidating basis setting forth in each case in comparative form the figures for the corresponding portion of Parent's previous Fiscal Year, all in reasonable detail, 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 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 Parent (other than the fourth fiscal quartersuch quarterly accounting period), the consolidated balance sheets of the Parent Borrower and its the Subsidiaries and, if different, the Borrower and the Restricted Subsidiaries, in each case as at the end of such quarter presented on a consolidated and consolidating basis quarterly period and the related consolidated statements of incomeoperations, shareholders' equity, ’ equity and cash flows of the Parent and its Subsidiaries for such fiscal quarter quarterly accounting period and for the elapsed portion of Parent's Fiscal Year the fiscal year ended at with the end last day of such quarterquarterly period, presented on a consolidated and 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 Parent's previous Fiscal YearUnrestricted Subsidiaries (if any) from such consolidated financial statements), all in reasonable detail and certified, with respect to of which shall be certified by a Financial Officer of the quarterly statements, by the chief financial officer or principal accounting officer of Borrower that such financial statements as fairly present presenting in all material respects the financial condition condition, results of operations, shareholders’ equity and cash flows, of the Parent Borrower and its consolidated Subsidiaries as at the end of such fiscal quarter on a consolidated and consolidating basis, and the results of operations and statements of cash flows of the Parent and its Subsidiaries for such fiscal quarter and such portion of Parent's Fiscal Year, 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) may be satisfied with respect to financial information of the Borrower and its consolidated Subsidiaries by furnishing (A) the applicable 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 clauses (A) and (ii) as soon as available and in any event within 30 days after B), to the end of each calendar month, balance sheets extent such information relates to a parent of the Parent Borrower, such information is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to such parent and its consolidated Subsidiaries, on the one hand, and the information relating to the Borrower and its consolidated Subsidiaries as at and the end of such month presented Borrower and its consolidated Restricted Subsidiaries on a consolidated and consolidating basis and standalone basis, on the related statements of income, shareholders' equity, and cash flows of the Parent and its Subsidiaries for such month and for the portion of Parent's Fiscal Year ended at the end of such month, presented on a consolidated and consolidating basis setting forth in each case in comparative form the figures for the corresponding portion of Parent's previous Fiscal Year, all in reasonable detail, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);other.
Appears in 1 contract
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 Parent (other than the fourth fiscal quarter), balance sheets of the Parent and its Subsidiaries as at the end of such quarter presented on a consolidated and consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Parent and its Subsidiaries for such fiscal quarter and for the portion of Parent's Fiscal Year ended at the end of such quarter, presented on a consolidated and consolidating basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Parent's previous Fiscal Year, all in reasonable detail and certified, with respect to the quarterly statements, by the chief financial officer or principal accounting officer of Borrower that such financial statements fairly present in all material respects the financial condition of the Parent and its Subsidiaries as at the end of such fiscal quarter on a consolidated and consolidating basis, and the results of operations and statements of cash flows of the Parent and its Subsidiaries for such fiscal quarter and such portion of Parent's Fiscal Year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) and (ii) as soon as available and in any event within 30 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 calendar monthsuch quarterly accounting period), the consolidated balance sheets of the Parent Borrower and its Subsidiaries the Restricted Subsidiaries, in each case as at the end of such month presented on a consolidated and consolidating basis quarterly period and the related consolidated statements of incomeoperations for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, shareholders' equityand 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 for such month in accordance with GAAP, subject to changes resulting from audit and for 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 portion Total Revolving Credit Commitment, upon Agent’s request, as soon as available, but in any event within thirty (30) days after the end of Parent's Fiscal Year ended each fiscal month, Borrowers shall provide monthly the consolidated balance sheets of the Parent Borrower and the Restricted Subsidiaries in each case as at the end of such month, presented on a monthly period and the related consolidated statements of operations for such monthly accounting period and consolidating basis setting forth in each case in comparative form the figures for the corresponding elapsed portion of Parent's previous Fiscal Yearthe fiscal year ended with the last day of such monthly period, all in reasonable detail, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence related consolidated statement of certain footnotes);cash flows for such monthly accounting period, which shall be certified by an Authorized Officer of the Parent Borrower as provided above, until such time thereafter as Excess Availability is equal to or greater than twelve and one-half percent (12.5%) of the Total Revolving Credit Commitment for a period of thirty (30) consecutive days.
Appears in 1 contract
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 Parent (other than the fourth fiscal quarter), balance sheets of the Parent first three (3) quarters of each fiscal year of the Borrower, a copy of an unaudited financial report of the Borrower and its the Subsidiaries as at of the end of such quarter presented on a consolidated and consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Parent and its Subsidiaries for such fiscal quarter and for the portion of Parent's Fiscal Year ended at the end of such quarterfiscal year then ended, presented containing, on a consolidated and (to the 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 Parent's previous Fiscal Yearpreceding fiscal year, all in reasonable detail certified by an Authorized Officer of the Borrower to have been prepared in accordance with GAAP and certified, with respect to fairly and accurately present (subject to the quarterly statements, by the chief financial officer or principal accounting officer absence of Borrower 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 Parent Borrower and its Subsidiaries as at the end of such fiscal quarter Subsidiaries, on a consolidated and (to the extent required by GAAP) consolidating basis, at the date and for the results of operations and statements of cash flows of the Parent and its Subsidiaries for such fiscal quarter and such portion of Parent's Fiscal Yearperiods indicated therein, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes) and (ii) as soon as available available, and in any event within 30 thirty (30) days after the end of each calendar month, balance sheets fiscal month of each fiscal year of the Parent Borrower, a copy of an unaudited financial report of the Borrower and its the Subsidiaries as at of the end of such month presented on a consolidated and consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Parent and its Subsidiaries for such each fiscal month and for the portion of Parent's Fiscal Year ended at the end of such monthfiscal year then ended, presented containing, on a consolidated basis, balance sheets and consolidating basis setting forth statements of income, and cash flow, in each case setting forth in comparative form the figures for the corresponding portion period of Parent's previous Fiscal Yearthe preceding fiscal year, all in reasonable detail, detail certified by an Authorized Officer of the Borrower to 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/)
