Quarterly Financial Statements; Compliance Certificates. Deliver to the Lender, (a) on or before the 45th day after the close of each of the first three quarterly periods of each fiscal year of the Borrower, a copy of the unaudited Financial Statements of the Borrower as at the close of such quarterly period and from the beginning of such fiscal year to the end of such period, such Financial Statements to be certified by a Responsible Officer of the Borrower as having been prepared in accordance with GAAP consistently applied and as a fair presentation of the condition of the Borrower, subject to changes resulting from normal year-end audit adjustments, and (b) on or before the 45th day after the close of each fiscal quarter, with the exception of the last fiscal quarter, a Compliance Certificate.
Quarterly Financial Statements; Compliance Certificates. Deliver to the Agent, to the extent not previously delivered by the Guarantor, on or before the 45th day after the close of each of the first three quarterly periods of each fiscal year of the Guarantor, Sufficient Copies of the unaudited consolidated and consolidating Financial Statements of the Guarantor and its Subsidiaries as at the close of such quarterly period and from the beginning of such fiscal year to the end of such period, such Financial Statements to be certified by a Responsible Officer of the Guarantor as having been prepared in accordance with GAAP consistently applied and as a fair presentation of the condition of the Guarantor and its Subsidiaries, subject to changes resulting from normal year-end audit adjustments, and a Compliance Certificate.
Quarterly Financial Statements; Compliance Certificates. Deliver to the Agent, (a) on or before the 45th day after the close of each of the first three quarterly periods of each fiscal year of the Borrower, a copy of the unaudited consolidated Financial Statements of PEC and its Subsidiaries as at the close of such quarterly period and from the beginning of such fiscal year to the end of such period, such Financial Statements to be certified by a Responsible Officer of the Borrower as having been prepared in accordance with GAAP consistently applied and as a fair presentation of the condition of the Borrower, subject to changes resulting from normal year-end audit adjustments, and (b) on or before the 60th day after the close of each fiscal quarter, with the exception of the last fiscal quarter, a Compliance Certificate.
Quarterly Financial Statements; Compliance Certificates. Deliver to the Agent, (a) on or before the 45th day after the close of each of the first three quarterly periods of each fiscal year of the Borrower, a copy of the unaudited consolidated and consolidating by segments Financial Statements of the Guarantor as at the close of such quarterly period and from the beginning of such fiscal year to the end of such period, such Financial Statements to be certified by Responsible Officers of the Guarantor as having been prepared in accordance with GAAP consistently applied and as a fair presentation of the condition of the Borrower and the Guarantor, subject to changes resulting from normal year-end audit adjustments, and (b) on or before the 45th day after the close of each fiscal quarter, with the exception of the last fiscal quarter, a Compliance Certificate.
Quarterly Financial Statements; Compliance Certificates. Deliver to the Agent and each Lender, (a) on or before the 45th day after the close of each of the first three quarterly periods of each fiscal year of the Borrower, a copy of the unaudited consolidated and consolidating Financial Statements of the Borrower and its consolidated Subsidiaries as at the close of such quarterly period and from the beginning of such fiscal year to the end of such period, such Financial Statements to be certified by a Responsible Officer of the Borrower as having been prepared in accordance with GAAP consistently applied and as a fair presentation of the condition of the Borrower, subject to changes resulting from normal year-end audit adjustments, and (b) on or before the 45th day after the close of each fiscal quarter and on or before the 120th day after the close of each fiscal year, a Compliance Certificate and calculations of compliance with the financial covenants included therein.
Quarterly Financial Statements; Compliance Certificates. Deliver to the Lender, (a) on or before the 45th day after the close of each of the first three quarterly periods of each fiscal year of the Borrower, a copy of the Form 10-Q filed with the SEC under the Securities Exchange Act of 1934 with respect to such quarterly period, and (b) on or before the 45th day after the close of each fiscal quarter, with the exception of the last fiscal quarter, a Compliance Certificate.
Quarterly Financial Statements; Compliance Certificates. As soon as available and in any event within 45 days after the end of each fiscal quarter (other than the fourth fiscal quarter) in each fiscal year of the Parent,
(i) copies of (x) the consolidated and consolidating balance sheets of the Parent and its Subsidiaries as of the end of such month and the related consolidated and consolidating statements of operations and cash flows (including, without limitation, on a stand alone basis the operations and cash flows of the Development Assets) for such fiscal quarter and for the portion of the fiscal year ended with the last day of such fiscal quarter, and stating in comparative form (A) the consolidated and consolidating figures as of the end of and for the corresponding date and period in the previous fiscal year and (B) the corresponding figures from the consolidated budget of the Parent and its Subsidiaries for such period, and (y) the consolidating balance sheet and related statements of income and cash flows showing the financial condition of the Development Assets as of the close of such quarterly accounting period and the results of operations of the Development Assets during such quarterly accounting period and the then elapsed portion of the fiscal year, all of which shall be certified by the Chief Financial Officer or controller of the Parent, subject to normal year-end audit adjustments, all Certified by the Chief Financial Officer of the Parent;
(ii) an Officer's Certificate of the Chief Financial Officer of the Parent setting forth computations in reasonable detail showing whether or not as at the end of such fiscal quarter there existed any breach or violation of the provisions of Section 9.1, 9.4, 9.7, 9.10, 9.11 or 9.16;
Quarterly Financial Statements; Compliance Certificates. Cause the Parent to deliver to the Agent and each Lender, (a) on or before the 45th day after the close of each of the first three quarterly periods of each fiscal year of the Parent, a copy of the unaudited consolidated, and if requested by the Agent, consolidating Financial Statements of the Parent and its consolidated Subsidiaries as at the close of such quarterly period and from the beginning of such fiscal year to the end of such period, such Financial Statements to be certified by a Responsible Officer of the Parent (i) as having been prepared in accordance with GAAP consistently applied from quarter to quarter (except for any inconsistency that results from a change in GAAP) and consistently applied within each set of Financial Statements and (ii)as a fair presentation of the condition of the Parent, subject to changes resulting from normal year-end audit adjustments, and (b) on or before the 45th day after the close of each fiscal quarter of the Parent and on or before the 90th day after the close of each fiscal year of the Parent, a Compliance Certificate in the form of Exhibit B hereto signed by a Responsible Officer of the Parent.
(g) Section 5.3 of the Credit Agreement is hereby amended by replacing the existing Section 5.3 in its entirety with the following:
Quarterly Financial Statements; Compliance Certificates. As soon as available and in any event within 45 days after the end of each quarterly accounting period (other than the fourth quarterly accounting period) in each fiscal year of the Company,
(i) copies of the Company's Quarterly Report on Form 10-Q promulgated by the SEC, or any successor form thereto, and
(ii) an Officer's Certificate of the Chief Financial Officer of the Company setting forth computations in reasonable detail showing whether or not as at the end of such fiscal quarter there existed any breach or violation of the provisions of Section 10.1, 10.7, 10.11, 10.12 or 10.16 hereof;
Quarterly Financial Statements; Compliance Certificates. Deliver to Lender, (a) on or before the 45th day after the close of each fiscal quarter of Borrowers, a copy of the unaudited Financial Statements of Borrowers, on a consolidated basis and on a consolidating basis, as at the close of such quarterly period and from the beginning of such fiscal year to the end of such period, such Financial Statements to be certified by a Responsible Officer of Borrowers as a fair presentation of the condition of Borrowers, subject to changes resulting from normal year-end audit adjustments, and (b) on or before the 45th day after the close of each fiscal quarter, with the exception of the last fiscal quarter, a Compliance Certificate.
