Quarterly Financial Statements; Monthly Financial Statements. (i) Within forty-five (45) calendar days after the end of each of the first three fiscal quarters in each fiscal year, financial statements of DSW, consisting of a consolidated balance sheet, together with consolidating schedules with respect thereto, as of the end of such fiscal quarter and related consolidated and consolidating statements of income, stockholders’ equity, retained earnings and cash flows for the fiscal quarter then ended and the fiscal year through that date, all in reasonable detail and certified (subject to normal year-end audit adjustments) by an Authorized Officer of DSW as having been prepared in accordance with GAAP, consistently applied, and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year. (ii) From and after the occurrence of a Trigger Event Election, within thirty (30) calendar days after the end of each of the first two fiscal months in each fiscal quarter, financial statements of DSW, consisting of a consolidated balance sheet, together with consolidating schedules with respect thereto as of the end of such fiscal month and related consolidated and consolidating statements of income, stockholders’ equity, retained earnings and cash flows for the fiscal month then ended and the fiscal year through that date, all in reasonable detail and certified (subject to normal year-end audit adjustments) by an Authorized Officer of DSW as having been prepared in accordance with GAAP, consistently applied, and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year.
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Samples: Revolving Credit Facility (Retail Ventures Inc), Revolving Credit Facility (DSW Inc.)
Quarterly Financial Statements; Monthly Financial Statements. (i) Within forty-as soon as available and in any event within forty five (45) calendar days after the end of each fiscal quarter that is also not the last fiscal quarter of a Fiscal Year of each Fiscal Year of the first three Borrower (A) beginning with the fiscal quarters in each fiscal yearquarter ending March 31, financial statements 2023, unaudited balance sheet of DSW, consisting of a consolidated balance sheet, together with consolidating schedules with respect thereto, the Borrower as of the end of such fiscal quarter and related consolidated and consolidating statements of income, stockholders’ equity, retained earnings operations and cash flows flow and shareholders’ or members’ equity of the Borrower for the such fiscal quarter then ended and the fiscal year through that datequarter, all in reasonable detail and certified by a Responsible Officer of Borrower as presenting fairly in all material respects the financial condition and results of operation of the Borrower in accordance with GAAP (subject to normal year-end audit adjustmentsadjustments and the absence of footnotes) by an Authorized Officer and (B) beginning with the financial statements delivered as of DSW as having been prepared in accordance with GAAPand for the fiscal quarter ending March 31, consistently applied2024, and for each such fiscal quarter, setting forth in each case in comparative form the respective financial statements figures for the corresponding date and period in fiscal quarter of the previous fiscal yearFiscal Year all in reasonable detail.
(ii) From as soon as available and after the occurrence of a Trigger Event Election, in any event within thirty forty five (3045) calendar days after the end of each of fiscal quarter that is also not the first two last fiscal months in each fiscal quarter, financial statements of DSW, consisting quarter of a Fiscal Year of each Fiscal Year of USDG or, following the Qualifying IPO, the Parent Company (A) beginning with the fiscal quarter ending March 31, 2023, an unaudited consolidated and consolidating balance sheetsheet of USDG and its Subsidiaries or, together with consolidating schedules with respect thereto following the Qualifying IPO, the Parent Company and its Subsidiaries as of the end of such fiscal month quarter and related consolidated and consolidating statements of income, stockholders’ equity, retained earnings operations and cash flows flow and shareholders’ or members’ equity of USDG or the Parent Company, as the case may be, for the such fiscal month then ended and the fiscal year through that datequarter, all in reasonable detail and certified by a Responsible Officer of USDG or the Parent Company, as the case may be, as presenting fairly in all material respects the financial condition and results of operation of USDG or the Parent Company, as the case may be, and such entity’s Subsidiaries on a consolidated basis in accordance with GAAP (subject to normal year-end audit adjustmentsadjustments and the absence of footnotes) by an Authorized Officer and (B) beginning with the financial statements delivered as of DSW as having been prepared in accordance with GAAPand for the fiscal quarter ending March 31, consistently applied2024, and for each such fiscal quarter, setting forth in each case in comparative form the respective financial statements figures for the corresponding date and period in fiscal quarter of the previous Fiscal Year all in reasonable detail.
(iii) as soon as available, but in any event within thirty (30) days after the end of each month of each fiscal quarter of the Borrower (commencing with the fiscal month ending February 28, 2023), an unaudited balance sheet of the Borrower as of the end of such month and consolidated and consolidating statements of operations and cash flow and shareholders’ or members’ equity of the Borrower for such month and for the portion of the Borrower’s fiscal year than ended, all in reasonable detail and certified by a Responsible Officer of Borrower as presenting fairly in all material respects the financial condition and results of operation of the Borrower in accordance with GAAP (subject to normal year-end audit adjustments and the absence of footnotes.
Appears in 2 contracts
Samples: Loan, Guaranty and Security Agreement (Hut 8 Corp.), Loan, Guaranty and Security Agreement (Hut 8 Corp.)
Quarterly Financial Statements; Monthly Financial Statements. (i) Within forty-five (45) calendar As soon as available and in any event within 45 days after the end of each Fiscal Quarter that is not the end of a Fiscal Year, balance sheets of the first three fiscal quarters in each fiscal year, financial statements of DSW, consisting of a consolidated balance sheet, together with consolidating schedules with respect thereto, Consolidated Companies and the Sterling Borrower as of at the end of such fiscal quarter Fiscal Quarter presented on a consolidated basis and the related consolidated and consolidating statements of income, stockholders’ equity, retained earnings and cash flows of the Consolidated Companies and the Sterling Borrower for such Fiscal Quarter and for the fiscal portion of the Fiscal Year ended at the end of such Fiscal Quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter then ended and the fiscal year through that datecorresponding portion of the Domestic Borrower's and the Sterling Borrower's previous Fiscal Year, all in reasonable detail detail, and certified by the chief financial officer of the Domestic Borrower that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies and the Sterling Borrower as at the end of such Fiscal Quarter on a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies and the Sterling Borrower for such Fiscal Quarter and such portion of the Fiscal Year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments) by an Authorized Officer adjustments and the absence of DSW certain footnotes). In addition, as having been prepared soon as available and in accordance with GAAP, consistently applied, and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year.
(ii) From and after the occurrence of a Trigger Event Election, any event within thirty (30) calendar 35 days after the end of each month that is not the end of a Fiscal Quarter and within 45 days after the end of each month that is also the end of a Fiscal Quarter, balance sheets of the first two fiscal months in each fiscal quarter, financial statements of DSW, consisting of a consolidated balance sheet, together with consolidating schedules with respect thereto Consolidated Companies and the Sterling Borrower as of at the end of such fiscal month presented on a consolidated basis and the related consolidated and consolidating statements of income, stockholders’ equity, retained earnings and cash flows for of the fiscal month then ended Consolidated Companies and the fiscal year through that dateSterling Borrower for such month, all in reasonable detail detail, and certified by the chief financial officer of the Domestic Borrower that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies and the Sterling Borrower as at the end of such month on a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies and the Sterling Borrower for such month, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments) by an Authorized Officer adjustments and the absence of DSW as having been prepared in accordance with GAAP, consistently applied, and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year.certain footnotes);
Appears in 1 contract
Quarterly Financial Statements; Monthly Financial Statements. (i) Within fortyQuarterly Financial Statements. Commencing with the fiscal quarter ending October 31, 2020, as soon as available and in any event on or before the date that is 45 days (or with respect to the fiscal quarter ending October 31, 2020, 60 days) (or, if the financial statements required by this clause (ib) (or any Parent Entity financials delivered in lieu thereof) are required to be filed with the SEC, such other time period as specified in the SEC’s rules and regulations with respect to the Parent Borrower (or such Parent Entity) for the filing of its quarterly reports on Form 10-five (45Q) calendar days after the end of each of such quarterly accounting period for the first three fiscal quarters in quarterly accounting periods of each fiscal year), financial the consolidated balance sheets of Holdings and the Subsidiaries as at the end of such quarterly period and the related consolidated statements of DSWoperations for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, consisting and the related consolidated statement of a cash flows for the elapsed portion of the fiscal year ended with the last day of the applicable quarterly period, and setting forth comparative consolidated and/or combined figures for the related periods in the prior fiscal year or, in the case of such consolidated balance sheet, together with consolidating schedules with respect thereto, as for the last day of the end of such related period in the prior fiscal quarter and related consolidated and consolidating statements of income, stockholders’ equity, retained earnings and cash flows for the fiscal quarter then ended and the fiscal year through that dateyear, all in reasonable detail and of which shall be certified (subject to normal year-end audit adjustments) by an Authorized Officer of DSW a Borrower as having been prepared fairly presenting in all material respects the financial condition, results of operations and cash flows of Holdings and its Subsidiaries in accordance with GAAPGAAP (except as noted therein), consistently applied, and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal year.
(ii) From and after the occurrence of a Trigger Event Election, within thirty (30) calendar days after the end of each of the first two fiscal months in each fiscal quarter, financial statements of DSW, consisting of a consolidated balance sheet, together with consolidating schedules with respect thereto as of the end of such fiscal month and related consolidated and consolidating statements of income, stockholders’ equity, retained earnings and cash flows for the fiscal month then ended and the fiscal year through that date, all in reasonable detail and certified (subject to changes resulting from normal year-end audit adjustments) by an Authorized Officer adjustments and the absence of DSW as having been prepared in accordance with GAAP, consistently applied, and setting forth in comparative form the respective financial statements for the corresponding date and period in the previous fiscal yearfootnotes.
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Samples: Senior Secured Second Out Term Loan Credit Agreement (Skillsoft Corp.)