Common use of Quarterly Financial Statements and Information Clause in Contracts

Quarterly Financial Statements and Information. (a) Within 45 days after the end of each fiscal quarter of each fiscal year, the consolidated and consolidating balance sheets of the Borrower and its Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements of income for such fiscal quarter and for the elapsed portion of the year ended with the last day of such fiscal quarter, and consolidated and consolidating statements of cash flow for the elapsed portion of the year ended with the last day of such fiscal quarter, all of which shall be certified by the president, chief financial officer or treasurer of the Borrower, to, in his or her opinion acting solely in his or her capacity as an officer of the Borrower, present fairly in all material respects, in accordance with GAAP (except for the absence of footnotes), the financial position and results of operations of the Borrower and its Subsidiaries as at the end of and for such fiscal quarter, and for the elapsed portion of the year ended with the last day of such fiscal quarter, subject only to normal year-end adjustments.

Appears in 3 contracts

Samples: Credit Agreement (Signature Resorts Inc), Credit Agreement (Sunterra Corp), Credit Agreement (Signature Resorts Inc)

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Quarterly Financial Statements and Information. (a) Within 45 60 days after the end of each fiscal quarter Fiscal Quarter of each fiscal yearFiscal Year (other than the end of a Fiscal Quarter which coincides with the end of a Fiscal Year), the consolidated and consolidating balance sheets of the Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income earnings for such fiscal quarter Fiscal Quarter and for the elapsed portion of the year ended with the last day of such fiscal quarterFiscal Quarter, and consolidated and consolidating statements of cash flow for the elapsed portion of the year ended with the last day of such fiscal quarterFiscal Quarter, all of which shall be certified by the president, chief financial officer or treasurer of the Borrowera Responsible Officer, to, in his or her opinion acting solely in his or her capacity as an officer of the Borrower, present fairly in all material respects, in accordance with GAAP (except for the absence of footnotes), the financial position and results of operations of the Borrower and its Subsidiaries as at the end of and for such fiscal quarterFiscal Quarter, and for the elapsed portion of the year ended with the last day of such fiscal quarterFiscal Quarter, subject only to normal year-end adjustments.

Appears in 3 contracts

Samples: Credit Agreement (Club Corp International), Credit Agreement (Club Corp International), Credit Agreement (Clubcorp Inc)

Quarterly Financial Statements and Information. (a) Within 45 days 60 after the end of each fiscal quarter of each fiscal year (other than the end of a fiscal quarter which coincides with the end of a fiscal year), the consolidated and consolidating balance sheets of the Borrower and its Restricted Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements of income for such fiscal quarter and for the elapsed portion of the year ended with the last day of such fiscal quarter, and consolidated and consolidating statements of cash flow for the elapsed portion of the year ended with the last day of such fiscal quarter, all of which shall be certified by the chief executive officer, president, chief financial officer, treasurer or other officer or treasurer of the BorrowerBorrower acceptable to the Administrative Agent, to, in his or her opinion acting solely in his or her capacity as an officer of the Borrower, present fairly in all material respects, in accordance with GAAP (except for the absence of footnotes), the financial position and results of operations of the Borrower and its Restricted Subsidiaries as at the end of and for such fiscal quarter, and for the elapsed portion of the year ended with the last day of such fiscal quarter, subject only to normal year-end adjustments.

Appears in 2 contracts

Samples: Credit Agreement (Netcom Systems Inc), Credit Agreement (Netcom Systems Inc)

Quarterly Financial Statements and Information. (a) Within 45 days after the end of each fiscal quarter Fiscal Quarter of each fiscal yearFiscal Year (other than the end of a Fiscal Quarter which coincides with the end of a Fiscal Year), the consolidated and consolidating balance sheets of the Borrower and its Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements of income earnings for such fiscal quarter and for the elapsed portion of the year ended with the last day of such fiscal quarter, and consolidated and consolidating statements of cash flow for the elapsed portion of the year ended with the last day of such fiscal quarter, all of which shall be certified by the president, chief financial officer or treasurer of the Borrowera Responsible Officer, to, in his or her opinion acting solely in his or her capacity as an officer of the Borrower, present fairly in all material respects, in accordance with GAAP (except for the absence of footnotes), the financial position and results of operations of the Borrower and its Subsidiaries as at the end of and for such fiscal quarter, and for the elapsed portion of the year ended with the last day of such fiscal quarter, subject only to normal year-end adjustments.

Appears in 2 contracts

Samples: Security Agreement (Pillowtex Corp), Security Agreement (Pillowtex Corp)

Quarterly Financial Statements and Information. (a) Within 45 days after the end of each fiscal quarter of each fiscal yearquarter, the consolidated and consolidating balance sheets of the Borrower and its Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements of income for such fiscal quarter and for the elapsed portion of the year ended with the last day of such fiscal quarter, and consolidated and consolidating statements of cash flow for the elapsed portion of the year ended with the last day of such fiscal quarter, all of which shall be certified by the president, president or chief financial officer or treasurer other officer of the BorrowerBorrower acceptable to the Administrative Lender, toto be, in his or her opinion acting solely in his or her capacity as an officer of the Borrower, present fairly in all material respects, in accordance with GAAP (except for the absence of footnotes), the financial position and results of operations of the Borrower and its Subsidiaries as at the end of and for such fiscal quarter, and for the elapsed portion of the year ended with the last day of such fiscal quarter, subject only to normal year-end adjustments.

Appears in 1 contract

Samples: Credit Agreement (Power One Inc)

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Quarterly Financial Statements and Information. (a) Within 45 days after the end of each of the first three fiscal quarter quarters of each fiscal year, the an unaudited consolidated and consolidating balance sheets sheet of the Borrower and its Subsidiaries as at the end of such fiscal quarter and the related unaudited consolidated and consolidating statements statement of income operations for such fiscal quarter and for the elapsed portion of the year ended with the last day of such fiscal quarter, and an unaudited consolidated and consolidating statements statement of cash flow of the Borrower and its Subsidiaries for the elapsed portion of the year ended with the last day of such fiscal quarter, ; all of which shall be certified by the president, chief executive officer or chief financial officer or treasurer other officer of the BorrowerBorrower reasonably acceptable to the Administrative Agent, toto be, in his or her opinion acting solely in his or her capacity as an officer of the Borrower, present fairly complete and correct in all material respectsrespects and to present fairly, in accordance with GAAP (except for the absence of footnotes)GAAP, the financial position and results of operations of the Borrower and its Subsidiaries as at the end of and for such fiscal quarter, and for the elapsed portion of the year ended with the last day of such fiscal quarter, subject only to normal year-end adjustments.

Appears in 1 contract

Samples: Credit Agreement (Homco Puerto Rico Inc)

Quarterly Financial Statements and Information. (a) Within 45 days after the end of each fiscal quarter of each fiscal yearFiscal Year, the consolidated and consolidating balance sheets of the Borrower and its Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements of income for such fiscal quarter and for the elapsed portion of the year ended with the last day of such fiscal quarter, and consolidated and consolidating statements of cash flow for the elapsed portion of the year ended with the last day of such fiscal quarter, all of which shall be certified by the president, president or chief financial officer or treasurer other officer of the BorrowerBorrower acceptable to the Administrative Agent, to, in his or her opinion acting solely in his or her capacity as an officer of the Borrower, present fairly in all material respects, in accordance with GAAP (except for the absence of footnotes), the financial position and results of operations of the Borrower and its Subsidiaries as at the end of and for such fiscal quarter, and for the elapsed portion of the year ended with the last day of such fiscal quarter, subject only to normal year-end adjustments.

Appears in 1 contract

Samples: Credit Agreement (Xircom Inc)

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