Common use of Quarterly Financial Statements and Information Clause in Contracts

Quarterly Financial Statements and Information. Within forty-five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any fiscal year, a copy of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained therein, the balance sheets of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, and shall be certified by the chief financial officer of the Borrower to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 5 contracts

Samples: Loan Agreement (Metrocall Inc), Loan Agreement (Metrocall Inc), Loan Agreement (Metrocall Inc)

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Quarterly Financial Statements and Information. Within forty-five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any each fiscal year, a copy year of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained thereinBorrower, the balance sheets of the Borrower on a consolidated basis with its Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower on a consolidated basis with its Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, period and shall be certified by the chief financial officer of the Borrower to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower on a consolidated basis with its Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 4 contracts

Samples: Loan Agreement (American Tower Systems Corp), Loan Agreement (American Radio Systems Corp /Ma/), Loan Agreement (American Radio Systems Corp /Ma/)

Quarterly Financial Statements and Information. Within forty-five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any each fiscal year, a copy year of the Form 10-Q of Borrower, (a) for Vanguard and its Subsidiaries and the Borrower for such quarter, and, to the extent not contained therein, the balance sheets of the Borrower VCS Subsidiary on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, a balance sheet as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations for such quarter and the elapsed portion of the year ended with the last day of such quarter and the related statements of cash flows of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, and (b) for each Unrestricted Subsidiary, a balance sheet as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of cash flows for the elapsed portion of the year ended with the last day of such quarter, each of which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated to the extent set forth in Vanguard's Form 10-Q as filed with the Securities and consolidating figures with respect to any Acquisitions consummated during Exchange Commission for such periodquarter, and shall be certified by the chief financial officer of the Borrower Borrower, to have been prepared be, in accordance with GAAP his or her opinion, complete and to present fairly correct in all material respects and to present fairly, in accordance with GAAP, the financial position condition of the Borrower Vanguard on a consolidated and consolidating basis with its Restricted SubsidiariesSubsidiaries and the VCS Subsidiary, and of the each Unrestricted Subsidiaries on a stand-alone basisSubsidiary, as applicable, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 2 contracts

Samples: Loan Agreement (Vanguard Cellular Systems Inc), Loan Agreement (Vanguard Cellular Systems Inc)

Quarterly Financial Statements and Information. Within forty-five (45) days after the last day of On or before each applicable Financial Statements Delivery Date, with respect to each fiscal quarter of the first three Borrower, the following: (3a) fiscal quarters of the Borrower during any fiscal year, a copy of the Form 10-Q unaudited consolidated balance sheets, of the Borrower for such quarter, and, to the extent not contained therein, the balance sheets of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, Rainbow Group as at the end of the quarter then ended, and the related unaudited consolidated statements of income, retained earnings and cash flows for the Rainbow Group for such quarter and for the elapsed portion of the year ended with the last day of such quarter; and (b) a copy of the unaudited consolidated balance sheets, of the Borrower Parties as of at the end of the preceding fiscal yearquarter then ended, and the related unaudited consolidated statements of operations income, retained earnings and cash flows for the related Borrower Parties for such quarter and for the elapsed portion of the year ended with the last day of such quarter, setting forth in the case of the statements of cash flows income and retained earnings the financial performance of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisMGM Operating Companies (by programming segment) by footnote, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which . All of the foregoing financial statements shall set forth in comparative form such figures as at for the end of and same period for such quarter and appropriate the prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, fiscal year and shall be certified by the chief financial officer an Authorized Signatory of the Borrower to have been prepared to, in his or her opinion, present fairly, in accordance with GAAP and to present fairly in all material respects GAAP, the consolidated financial position of the Rainbow Group and the Borrower on a consolidated and consolidating basis with its Restricted SubsidiariesParties, and of the Unrestricted Subsidiaries on a stand-alone basisas applicable, in each case as at the end of such period period, and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end adjustments and audit adjustmentsexcept for the effect of not consolidating certain Unrestricted Subsidiaries in the financial statements of the Borrower Parties.

Appears in 1 contract

Samples: Loan Agreement (Cablevision Systems Corp /Ny)

Quarterly Financial Statements and Information. Within forty-five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any each fiscal year, a copy year of the Form 10-Q of the Borrower for such quarterBorrower, and, to the extent not contained therein, (a) the balance sheets and the related statements of operations of the Borrower Parent on a consolidated and consolidating basis with its Restricted SubsidiariesSubsidiaries as at the end of such quarter and as of the end of the preceding fiscal year and the related statements of cash flows of the Borrower on a consolidated basis with its Subsidiaries and the Parent for such quarter and for the elapsed portion of the year ended with the last day of such quarter, and of the (b) for each Unrestricted Subsidiaries on Subsidiary, a stand-alone basis, balance sheet as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows for the elapsed portion of the Borrower on a consolidated and consolidating basis year ended with its Restricted Subsidiariesthe last day of such quarter, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, each of which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, period and shall be certified by the chief financial officer of the Borrower to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Parent and each Unrestricted Subsidiaries on a stand-alone basisSubsidiary, as applicable as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Loan Agreement (Benedek Communications Corp)

Quarterly Financial Statements and Information. Within forty-forty- ---------------------------------------------- five (45) days after the last day of each of the first three (3) quarters, and within one hundred five (105) days after the last day of the fourth quarter, of each fiscal quarters year of the Borrower during any fiscal year(provided that, a copy of notwithstanding the Form 10-Q of foregoing, with respect to the quarter ending March 31, 2000, the Borrower for such quartershall have sixty (60) days to deliver the financial statements required under this Section 6.2), and, to the extent not contained therein, the unaudited balance sheets of the Borrower Borrower, on a consolidated and consolidating basis with its the Restricted Subsidiaries, and for periods ending on and after September 30, 2000, of the Unrestricted Subsidiaries LaunchCo and of InternetCo, each on a stand-alone basisconsolidated basis with its Subsidiaries, in each case as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower Borrower, on a consolidated and consolidating basis with its the Restricted Subsidiaries, and of the Unrestricted Subsidiaries related revenue and EBITDA on a stand-alone consolidating (by publication) basis, and for periods ending on and after September 30, 2000, the related statements of operations and the related statements of cash flows of LaunchCo and of InternetCo, each on a consolidated basis with its Subsidiaries and the related revenue and EBITDA of LaunchCo, on a consolidating (by publication) basis, in each case for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and, the corresponding quarter during the preceding fiscal year and appropriate prior period, shall provide consolidated and consolidating as against the figures with respect set forth for such quarter period in the Borrower's business plan provided to any Acquisitions consummated during such periodthe Credit Parties pursuant to Section 6.5(c) hereof, and shall be certified by the chief financial officer of the Borrower a Principal Officer to have been prepared be, in accordance with GAAP his or her opinion, complete and correct in all material respects and to present fairly in all material respects respects, in accordance with GAAP, the financial position of the Borrower Borrower, on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone (by publication) basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end adjustments and audit adjustmentsthe absence of footnotes.

Appears in 1 contract

Samples: Credit Agreement (Etesting Labs Inc)

Quarterly Financial Statements and Information. Within forty-fifty (50) days (or five (455) days following such shorter period as required by Applicable Law) after the last day of each of the first three (3) quarters of each fiscal quarters year of the Borrower during any fiscal year, a copy (a) (i) the balance sheets and the related statements of the Form 10-Q operations of the Borrower for such quarter, and, to the extent not contained therein, and its Subsidiaries on a consolidated basis and (ii) the balance sheets and the related statements of operations of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries and Unrestricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisin each case, as at the end of such quarter and as of the end of the preceding fiscal year, year and the related statements of operations and (b) the related statements of cash flows of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, each of which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, period and shall be certified by the chief financial officer, chief accounting officer or controller of the Borrower to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Restricted Subsidiaries or Unrestricted Subsidiaries on a stand-alone basisSubsidiaries, as applicable, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.; and

Appears in 1 contract

Samples: Loan Agreement (Gray Television Inc)

Quarterly Financial Statements and Information. Within forty-five (45) days (or, if the Borrower is then required to file quarterly financial statements with the Securities and Exchange Commission, such longer period, not to exceed five (5) additional days, during which the Borrower is permitted to timely file such quarterly financial statements) after the last day of each of the first three (3) fiscal quarters Fiscal Quarters of each Fiscal Year of the Borrower during any fiscal yearcommencing with June 30March 31, a copy of 20202021, the Form 10-Q unaudited balance sheet of the Borrower for such quarter, and, to the extent not contained therein, the balance sheets of the Borrower and its Restricted Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of the end of the preceding fiscal yearFiscal Quarter, and the related statements of operations and the related statements of cash flows of the Borrower and its Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for which (A) (in the elapsed portion case of the year ended with the last day statements of such quarter, which operations) shall set forth in comparative form such figures as at the end of and for such quarter Fiscal Quarter from the prior Fiscal Year, (B) shall be accompanied by (1) management’s discussion and appropriate prior analysis and, (2) segment revenue and profitability detail disclosure and (3) to the extent that one or more Unrestricted Subsidiaries exist on the last day of the then applicable reporting period, shall provide consolidated the related consolidating financial statements reflecting the adjustments necessary to eliminate the accounts of Unrestricted Subsidiaries (if any) from such unaudited financial statement (it being agreed that such information may be in footnote format) and consolidating figures with respect to any Acquisitions consummated during such period, and (C) shall be certified by the chief financial officer Borrower in a certificate executed on behalf of the Borrower by any Authorized Signatory of the Borrower to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower and its Restricted Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year Fiscal Year ended with the last day of such period, subject only to normal year-year end and audit adjustmentsadjustments and the absence of footnotes and supplementary information.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Whole Earth Brands, Inc.)

Quarterly Financial Statements and Information. Within forty-forty- ---------------------------------------------- five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any each fiscal year, a copy year of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained thereinBorrowers, the balance sheets of the Borrower Borrowers on a consolidated basis with the Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the their Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower Borrowers on a consolidated basis with the Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the their Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, period and shall be certified by the chief financial officer Chief Financial Officer of the Borrower ATS (Delaware) to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower Borrowers on a consolidated basis with the Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Loan Agreement (American Tower Corp /Ma/)

Quarterly Financial Statements and Information. Within forty-five (45) days (or, if the Borrower is then required to file quarterly financial statements with the Securities and Exchange Commission, such longer period, not to exceed five (5) additional days, during which the Borrower is permitted to timely file such quarterly financial statements) after the last day of each of the first three (3) fiscal quarters Fiscal Quarters of each Fiscal Year of the Borrower during any fiscal yearcommencing with June 30, a copy of 2020, the Form 10-Q unaudited balance sheet of the Borrower for such quarter, and, to the extent not contained therein, the balance sheets of the Borrower and its Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of the end of the preceding fiscal yearFiscal Quarter, and the related statements of operations and the related statements of cash flows of the Borrower and its Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for which (in the elapsed portion case of the year ended with the last day statements of such quarter, which operations) shall set forth in comparative form such figures as at the end of and for such quarter and appropriate Fiscal Quarter from the prior periodFiscal Year, shall provide consolidated be accompanied by management’s discussion and consolidating figures with respect to any Acquisitions consummated during such period, analysis and shall be certified by the chief financial officer Borrower in a certificate executed on behalf of the Borrower by any Authorized Signatory of the Borrower to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower and its Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year Fiscal Year ended with the last day of such period, subject only to normal year-year end and audit adjustmentsadjustments and the absence of footnotes and supplementary information.

Appears in 1 contract

Samples: Loan Agreement (Whole Earth Brands, Inc.)

Quarterly Financial Statements and Information. Within ---------------------------------------------- forty-five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any fiscal year, a copy of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained therein, the balance sheets sheet of the Borrower Parent Company on a consolidated and consolidating basis with the Borrower and its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of at the end of the preceding fiscal year, and the related statements statement of operations and the related statements of cash flows of the Borrower Parent Company on a consolidated and consolidating basis with the Borrower and its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such the previous quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, period and shall be certified by the chief financial officer officer, the vice president-finance, or the corporate controller of the Borrower Parent Company to have been prepared be, in accordance with GAAP his or her opinion, complete and to present fairly correct in all material respects and to present fairly, in accordance with GAAP, the financial position of the Borrower Parent Company on a consolidated and consolidating basis with the Borrower and its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end adjustments. In addition, the Borrower shall also provide with respect to each market, its Net Revenues, expenses, and audit adjustmentsBroadcast Cash Flow, for the current quarter, year-to-date, and against the prior fiscal year's year-to- date performance.

Appears in 1 contract

Samples: Loan Agreement (Evergreen Media Corp)

Quarterly Financial Statements and Information. Within fortyOn or before each applicable Financial Statements Delivery Date, with respect to each fiscal quarter of the Borrower, the following: (a) a copy of the unaudited consolidated balance sheets, income statements and cash flow statements submitted to the SEC as a part of CSC's 10-five (45) days after Q filing setting forth the financial information of the RMG Tracking Stock Group with respect to the quarter then ended, and the consolidated statement of retained earnings for the RMG Tracking Stock Group for such quarter and for the elapsed portion of the year ended with the last day of each of the first three such quarter; and (3b) fiscal quarters of the Borrower during any fiscal year, a copy of the Form 10-Q unaudited combined balance sheet of the Borrower for such quarter, and, to the extent not contained therein, the balance sheets of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, MGM Companies as at the end of such the quarter and as of the end of the preceding fiscal yearthen ended, and the related unaudited combined statements of operations income, retained earnings and cash flows for the related MGM Companies, setting forth in the case of the statements of cash flows income and retained earnings the financial performance of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisMGM Operating Companies by footnote, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which . All of the foregoing financial statements shall set forth in comparative form such figures as at for the end of and same period for such quarter and appropriate the prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, fiscal year and shall be certified by the chief financial officer an Authorized Signatory of the Borrower to have been prepared to, in his or her opinion, present fairly, in accordance with GAAP and to present fairly in all material respects GAAP, the consolidated financial position of the Borrower on a consolidated RMG Tracking Stock Group and consolidating basis with its Restricted Subsidiaries, and the combined financial position of the Unrestricted Subsidiaries on a stand-alone basisMGM Companies, in each case as at the end of such period period, and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Loan Agreement (CSC Holdings Inc)

Quarterly Financial Statements and Information. Within forty-five sixty (4560) days after the last day of each quarter of each fiscal year of the first three (3) fiscal quarters of the Borrower during any fiscal yearBorrower, a copy of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained therein, the unaudited balance sheets of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and the appropriate prior period, shall provide consolidated period (but only for such quarter and consolidating other periods for which such comparative figures with respect to any Acquisitions consummated during such period, are available) and shall be certified by the chief financial officer of the Borrower Borrower, to have been prepared be, in his or her opinion, complete and correct in all material respects and to present fairly, in accordance with GAAP and (except as to present fairly in all material respects the exclusion of certain Subsidiaries which should be consolidated with the Borrower under GAAP), the financial position of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, Subsidiaries and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Credit Agreement (Western Wireless Corp)

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Quarterly Financial Statements and Information. Within forty-five (45) days after the last day of each of the first three (3) fiscal quarters quarters, and within ninety (90) days after the last day of the Borrower during any fourth fiscal year, a copy quarter of each fiscal year of the Form 10-Q of the Borrower for such quarterBorrower, and, to the extent not contained therein, the unaudited balance sheets of the Borrower (a) Holdco, on a consolidated and consolidating basis with its Restricted Subsidiaries, and of (b) the Unrestricted Subsidiaries Borrower, on a stand-alone basisconsolidated basis with its Subsidiaries, in each case as at the end of such quarter and as of the end of the preceding fiscal yearquarter, and the related statements of operations and the related statements of cash flows and statements of operations of such parties as set forth in clauses (a) and (b) above, and a revenue and expense statement of the Borrower and its Subsidiaries on a consolidated basis by Tower Operations and consolidating basis with its Restricted SubsidiariesOther Operations, and of the Unrestricted Subsidiaries on a stand-alone basis, in each case for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which which, with respect to such financial statements of (i) Holdco, on a consolidated basis with its Subsidiaries, and (ii) the Borrower on a consolidated basis with its Subsidiaries, shall set forth in comparative form such figures as at the end of, with respect to the balance sheets and statements of cash flows, the preceding fiscal year end and, with respect to the statements of operations, as at the end of and for such quarter and appropriate prior periodthe corresponding quarter during the preceding fiscal year, shall provide consolidated and consolidating against the figures with respect set forth for such quarter in the Borrower's business plan provided to any Acquisitions consummated during such periodthe Credit Parties pursuant to Section 7.4(d) hereof, and shall be certified by the chief financial officer a Financial Officer of the Borrower Borrower, to have been prepared be, in accordance with GAAP his or her opinion, complete and correct in all material respects and to present fairly in all material respects respects, in accordance with GAAP (subject only to normal year-end adjustments and the absence of footnotes), the financial position of the Borrower (A) Holdco, on a consolidated and consolidating basis with its Restricted Subsidiaries and (B) the Borrower, on a consolidated basis with its Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisas applicable, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments."

Appears in 1 contract

Samples: Credit Agreement (Spectrasite Inc)

Quarterly Financial Statements and Information. Within forty-forty- ---------------------------------------------- five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any each fiscal year, a copy year of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained thereinBorrower, the balance sheets of the Borrower on a consolidated basis with its Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower on a consolidated basis with its Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, period and shall be certified by the chief financial officer of the Borrower to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower on a consolidated basis with its Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Parent Loan Agreement (American Tower Corp /Ma/)

Quarterly Financial Statements and Information. Within forty-forty- ---------------------------------------------- five (45) days after the last day of each of the first three (3) fiscal quarters of the Borrower during any each fiscal year, a copy year of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained thereinBorrowers, the balance sheets of the Borrower Borrowers on a consolidated basis with the Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the their Unrestricted Subsidiaries on a stand-alone basis, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower Borrowers on a consolidated basis with the Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the their Unrestricted Subsidiaries on a stand-alone basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and appropriate prior period, shall provide consolidated and consolidating figures with respect to any Acquisitions consummated during such period, period and shall be certified by the chief financial officer of the Borrower AT Inc. to have been prepared in accordance with GAAP and to present fairly in all material respects the financial position of the Borrower Borrowers on a consolidated basis with the Restricted Subsidiaries and a consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Loan Agreement (American Tower Corp /Ma/)

Quarterly Financial Statements and Information. Within forty-five sixty (4560) days after the last day of each quarter of each fiscal year of the first three (3) fiscal quarters of the Borrower during any fiscal yearParent, a copy of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained therein, the unaudited balance sheets of the Borrower Parent and its Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiariesbasis, and of the Unrestricted Borrowers and the Restricted Subsidiaries on a stand-alone combined basis, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower Parent and its Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Borrowers and the Restricted Subsidiaries on a stand-alone combined basis, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and the appropriate prior period, shall provide consolidated period (but only for such quarter and consolidating other periods for which such comparative figures with respect to any Acquisitions consummated during such period, are available) and shall be certified by the chief financial officer of the Borrower Parent, to have been prepared be, in his or her opinion, complete and correct in all material respects and to present fairly, in accordance with GAAP and (except as to present fairly in all material respects the exclusion of Unrestricted Subsidiaries which should be combined with the Borrowers under GAAP), the financial position of the Borrower Parent and its Subsidiaries on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Borrower and the Restricted Subsidiaries on a stand-alone combined basis, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Credit Agreement (Voicestream Wireless Corp /De)

Quarterly Financial Statements and Information. Within forty-five sixty (4560) days after the last day of each quarter of each fiscal year of the first three (3) fiscal quarters of the Borrower during any fiscal yearBorrower, a copy of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained therein, the unaudited balance sheets of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and the appropriate prior period, shall provide consolidated period (but only for such quarter and consolidating other periods for which such comparative figures with respect to any Acquisitions consummated during such period, are available) and shall be certified by the chief financial officer of the Borrower Borrower, to have been prepared be, in his or her opinion, complete and correct in all material respects and to present fairly, in accordance with GAAP and (except as to present fairly in all material respects the exclusion of Unrestricted Subsidiaries which should be consolidated with the Borrower under GAAP), the financial position of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, Subsidiaries and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Loan Agreement (Western Wireless Corp)

Quarterly Financial Statements and Information. Within forty-five (45) days after the last day of each of the first three (3) fiscal quarters quarters, and within ninety (90) days after the last day of the Borrower during any fourth fiscal year, a copy quarter of each fiscal year of the Form 10-Q of the Borrower for such quarterBorrower, and, to the extent not contained therein, the unaudited balance sheets of the Borrower (a) Holdco, on a consolidated basis with its Subsidiaries, and (b) the Borrower, on a consolidated basis with its Restricted Subsidiaries and on a consolidating basis with its Restricted Unrestricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basis, in each case as at the end of such quarter and as of the end of the preceding fiscal yearquarter, and the related statements of operations and the related statements of cash flows and statements of operations of such parties as set forth in clauses (a) and (b) above, and a revenue and expense statement of the Borrower and its Subsidiaries on a consolidated basis by Tower Operations and consolidating basis with its Restricted SubsidiariesOther Operations, and of the Unrestricted Subsidiaries on a stand-alone basis, in each case for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which which, with respect to such financial statements of (i) Holdco, on a consolidated basis with its Subsidiaries, and (ii) the Borrower, on a consolidated basis with its Restricted Subsidiaries and on a consolidating basis with its Unrestricted Subsidiaries, shall set forth in comparative form such figures as at the end of, with respect to the balance sheets and statements of cash flows, the preceding fiscal year end and, with respect to the statements of operations, as at the end of and for such quarter and appropriate prior periodthe corresponding quarter during the preceding fiscal year, shall provide consolidated and consolidating against the figures with respect set forth for such quarter in the Borrower's business plan provided to any Acquisitions consummated during such periodthe Credit Parties pursuant to SECTION 7.4(D), and shall be certified by the chief financial officer a Financial Officer of the Borrower Borrower, to have been prepared be, in accordance with GAAP his or her opinion, complete and correct in all material respects and to present fairly in all material respects respects, in accordance with GAAP (subject only to normal year-end adjustments and the absence of footnotes), the financial position of the Borrower (A) Holdco, on a consolidated basis with its Subsidiaries and (B) the Borrower, on a consolidated basis with its Restricted Subsidiaries and on a consolidating basis with its Restricted Unrestricted Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisas applicable, as at the end of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.

Appears in 1 contract

Samples: Credit Agreement (Spectrasite Inc)

Quarterly Financial Statements and Information. Within forty-five sixty (4560) days after the last day of each quarter of each fiscal year of the first three (3) fiscal quarters of the Borrower during any fiscal yearBorrower, a copy of the Form 10-Q of the Borrower for such quarter, and, to the extent not contained therein, the unaudited balance sheets of the Borrower on a consolidated and consolidating basis with its Restricted Consolidated Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, as at the end of such quarter and as of the end of the preceding fiscal year, and the related statements of operations and the related statements of cash flows of the Borrower on a consolidated and consolidating basis with its Restricted Consolidated Subsidiaries, and of the Unrestricted Subsidiaries on a stand-alone basisconsolidated basis with all of its Subsidiaries, for such quarter and for the elapsed portion of the year ended with the last day of such quarter, which shall set forth in comparative form such figures as at the end of and for such quarter and the appropriate prior period, shall provide consolidated period (but only for such quarter and consolidating other periods for which such comparative figures with respect to any Acquisitions consummated during such period, are available) and shall be certified by the chief financial officer of the Borrower Borrower, to have been prepared be, in his or her opinion, complete and correct in all material respects and to present fairly, in accordance with GAAP and (except as to present fairly in all material respects the exclusion of certain Subsidiaries which should be consolidated with the Borrower under GAAP), the financial position of the Borrower on a consolidated and consolidating basis with its Restricted Subsidiaries, Consolidated Subsidiaries and of the Unrestricted Subsidiaries on a stand-alone basis, as at the end consolidated basis with all of such period and the results of operations for such period, and for the elapsed portion of the year ended with the last day of such period, subject only to normal year-end and audit adjustments.its

Appears in 1 contract

Samples: Loan Agreement (Western Wireless Corp)

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