Common use of Quarterly Financial Statements Clause in Contracts

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 7 contracts

Samples: Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit and Line of Credit Agreement (Hughes Supply Inc), Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)

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Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower Intermet (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of BorrowerIntermet's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerIntermet's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower Intermet that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of BorrowerIntermet's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 7 contracts

Samples: Credit Agreement (Intermet Corp), Credit Agreement (Intermet Corp), Credit Agreement (Intermet Corp)

Quarterly Financial Statements. As soon as available and in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower (other than including the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's ’s fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's ’s previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's ’s fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 5 contracts

Samples: Term Loan Agreement, Revolving and Term Loan Agreement, Term Loan Agreement (Brown & Brown Inc)

Quarterly Financial Statements. As soon as available available, and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter)first three Fiscal Quarters of each Fiscal Year, the unaudited consolidated balance sheets of the Consolidated Companies Holdings and its Subsidiaries as at the end of such quarter presented on a consolidated basis Fiscal Quarter and the related consolidated statements of income, shareholders' equity, stockholders’ equity and cash flows of the Consolidated Companies Holdings and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the portion period from the beginning of Borrower's fiscal year ended at the then current Fiscal Year to the end of such quarterFiscal Quarter, presented on a consolidated basis setting forth in each case in comparative form the corresponding figures for the corresponding quarter and periods of the corresponding portion of Borrower's previous fiscal yearFiscal Year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower that detail. All such financial statements delivered pursuant to paragraphs (a) and (b) above shall present fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP the consolidated financial condition of Holdings and its Subsidiaries as at the applicable dates, and the consolidated results of their operations, their changes in equity (deficit) and their consolidated cash flows for the periods reflected therein, and shall be prepared in accordance with GAAP applied consistently applied throughout the periods reflected therein (subject to normal year-end audit adjustments and except, in the case of unaudited financial statements, for the absence of certain footnotes);.

Appears in 5 contracts

Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter Fiscal Quarter of the Borrower (other than the fourth fiscal quarterFiscal Quarter), balance sheets of the Consolidated Companies as at the end of such quarter Fiscal Quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter Fiscal Quarter and for the portion of the Borrower's fiscal year Fiscal Year ended at the end of such quarterFiscal Quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter Fiscal Quarter and the corresponding portion of the Borrower's previous fiscal yearFiscal Year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of the Borrower that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter Fiscal Quarter on a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter Fiscal Quarter and such portion of the Borrower's fiscal yearFiscal Year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 4 contracts

Samples: Credit Agreement (Intermet Corp), Credit Agreement (Ironton Iron Inc), Credit Agreement (Intermet Corp)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified accompanied by a certification 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 3 contracts

Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc)

Quarterly Financial Statements. As soon as available and in any ------------------------------ event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified by the chief Chief Financial Officer or other authorized financial officer or principal accounting officer of Borrower acceptable to the Agent and the Required Lenders that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 2 contracts

Samples: Revolving Credit and Line of Credit Agreement (Rotech Medical Corp), Revolving Credit and Line of Credit Agreement (Rotech Medical Corp)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower the Lessee (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrowerthe Lessee's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrowerthe Lessee's previous fiscal year, all in reasonable detail and certified accompanied by a certification by the chief financial officer or principal accounting officer of Borrower the Lessee that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrowerthe Lessee's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 2 contracts

Samples: Master Agreement (Choicepoint Inc), Master Agreement (Choicepoint Inc)

Quarterly Financial Statements. As soon as available and available, but in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the first three (3) fiscal quarters of each fiscal year of the Borrower, a Consolidated Companies and consolidating balance sheet of the Borrower and its Subsidiaries as at the end of such quarter presented on a consolidated basis fiscal quarter, and the related Consolidated and consolidating statements of incomeincome or operations, changes in shareholders' equity, ’ equity and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of the Borrower's ’s fiscal year ended at the end of such quarterthen ended, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding fiscal quarter of the previous fiscal year and the corresponding portion of Borrower's the previous fiscal year, all in reasonable detail and prepared in accordance with GAAP, certified by the chief executive officer, chief financial officer officer, treasurer or principal accounting officer controller who is a Responsible Officer of the Borrower that such financial statements as fairly present in all material respects presenting the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basiscondition, and the results of operations operations, shareholders’ equity and statements of cash flows of the Consolidated Companies for such fiscal quarter Borrower and such portion of Borrower's fiscal yearits Subsidiaries, in accordance with GAAP consistently applied (subject only to normal year-end audit adjustments and the absence of certain footnotes);footnotes and such consolidating statements to be certified by the chief executive officer, chief financial officer, treasurer or controller that is a Responsible Officer of the Borrower to the effect that such statements are fairly stated in all material respects when considered in relation to the Consolidated financial statements of the Borrower and its Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (NV5 Global, Inc.), Credit Agreement (NV5 Global, Inc.)

Quarterly Financial Statements. As soon as available and available, but in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the first three (3) fiscal quarters of each fiscal year of the Company, a Consolidated Companies and consolidating balance sheet of the Company and its Subsidiaries as at the end of such quarter presented on a consolidated basis fiscal quarter, and the related Consolidated and consolidating statements of incomeincome or operations, changes in shareholders' equity, ’ equity and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's the Company’s fiscal year ended at the end of such quarterthen ended, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding fiscal quarter of the previous fiscal year and the corresponding portion of Borrower's the previous fiscal year, all in reasonable detail and prepared in accordance with GAAP such Consolidated statements to be certified by the chief executive officer, chief financial officer officer, treasurer or principal accounting officer controller who is a Responsible Officer of Borrower that such financial statements the Company as fairly present in all material respects presenting the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basiscondition, and the results of operations operations, shareholders’ equity and statements of cash flows of the Consolidated Companies for such fiscal quarter Company and such portion of Borrower's fiscal yearits Subsidiaries, in accordance with GAAP consistently applied (subject only to normal year-end audit adjustments and the absence of certain footnotes);footnotes and such consolidating statements to be certified by the chief executive officer, chief financial officer, treasurer or controller that is a Responsible Officer of the Company to the effect that such statements are fairly stated in all material respects when considered in relation to the Consolidated financial statements of the Company and its Subsidiaries.

Appears in 2 contracts

Samples: Replacement Credit Agreement (Argan Inc), Replacement Credit Agreement (Argan Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower Lessee (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of BorrowerLessee's fiscal year Fiscal Year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerLessee's previous fiscal yearFiscal Year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower Lessee that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of BorrowerLessee's fiscal yearFiscal Year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 2 contracts

Samples: Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter Fiscal Quarter that is not the end of Borrower (other than the fourth fiscal quarter)a Fiscal Year, balance sheets of the Consolidated Companies and the Sterling Borrower as at the end of such quarter Fiscal Quarter presented on a consolidated basis and the related statements of income, shareholders' equity, retained earnings and cash flows of the Consolidated Companies and the Sterling Borrower for such fiscal quarter Fiscal Quarter and for the portion of Borrower's fiscal year the Fiscal Year ended at the end of such quarterFiscal Quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of the Domestic Borrower's and the Sterling Borrower's previous fiscal yearFiscal Year, all in reasonable detail detail, and certified by the chief financial officer or principal accounting 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 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 Fiscal Quarter and such portion of Borrower's fiscal yearthe Fiscal Year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc), Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower (other than including the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 2 contracts

Samples: Revolving Loan Agreement (Brown & Brown Inc), Revolving and Term Loan Agreement (Brown & Brown Inc)

Quarterly Financial Statements. As soon as available and available, but in any event event, within 60 forty-five (45) days after the end of each of the first three (3) fiscal quarters of each Fiscal Year of the Borrower (commencing with the first full fiscal quarter of Borrower (other than ended after the fourth fiscal quarterClosing Date), a consolidated balance sheets sheet of the Consolidated Companies Borrower and its Subsidiaries as at the end of such quarter presented on a consolidated basis fiscal quarter, and the related consolidated statements of income, shareholders' equity, income or operations and consolidated statements of cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarterFiscal Year then ended, presented on a consolidated basis setting forth in each case (A) in comparative form the figures for the corresponding fiscal quarter of the previous Fiscal Year and the corresponding portion of Borrower's the previous Fiscal Year and (B) a comparison of actual figures for such fiscal yearquarter against the forecasts for such fiscal quarter, all in reasonable detail and certified by a Responsible Officer of 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 of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basiscondition, and the results of operations operations, Shareholders’ Equity and statements of cash flows of the Consolidated Companies for such fiscal quarter Borrower and such portion of Borrower's fiscal year, its Subsidiaries in accordance with GAAP consistently applied (GAAP, subject only to normal customary year-end audit adjustments consistent with past practice and the absence of certain footnotes);.

Appears in 1 contract

Samples: Dip Credit Agreement

Quarterly Financial Statements. As soon as available and in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower the Company (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, retained earnings and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's the Company’s fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrowerthe Company's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower the Company that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrowerthe Company's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: 364 Day Bridge Credit Agreement (Genuine Parts Co)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower Parent (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated and a consolidating basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of BorrowerParent's fiscal year ended at the end of such quarter, presented on a consolidated and a consolidating basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerParent's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower Parent that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 Consolidated Companies for such fiscal quarter and such portion of BorrowerParent's fiscal year, 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 (Dyersburg Corp)

Quarterly Financial Statements. As soon as available available, and in any event within 60 45 days after the end of each fiscal quarter Fiscal Quarter (provided that if Company files quarterly reports with the Securities Exchange Commission, then delivery of Borrower (other quarterly financial statements hereunder shall be deemed timely if delivered no later than the last date for timely delivery of Company’s 10Q filing to the Securities Exchange Commission for such Fiscal Quarter) of each Fiscal Year (including the fourth fiscal quarterFiscal Quarter), the consolidated balance sheets of the Consolidated Companies Company and its Subsidiaries as at the end of such quarter presented on a consolidated basis Fiscal Quarter and the related consolidated statements of income, shareholdersstockholders' equity, equity and cash flows of the Consolidated Companies Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the portion period from the beginning of Borrower's fiscal year ended at the then current Fiscal Year to the end of such quarterFiscal Quarter, presented on a consolidated basis setting forth in each case in comparative form the figures corresponding figures, with respect to the balance sheet, statements of income and statements of cash flows, for the corresponding quarter and periods of the previous Fiscal Year and, at the written request of the Required Lenders (which shall be reasonably made), with respect to statements of income, the corresponding portion of Borrower's previous fiscal yearfigures from the Financial Plan for the current Fiscal Year, all in reasonable detail and certified 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 Consolidated Companies as at the end of such fiscal quarter on detail, together with a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes)Financial Officer Certification;

Appears in 1 contract

Samples: Financing Agreement (Usa Technologies Inc)

Quarterly Financial Statements. As soon as available available, and in any event within 60 45 days after the end of each fiscal quarter of Borrower the (other than i) first three Fiscal Quarters of each Fiscal Year, the fourth fiscal quarter), consolidated and consolidating balance sheets of the Consolidated Companies Company and its Subsidiaries as at the end of such quarter presented on a consolidated basis Fiscal Quarter and the related consolidated (and with respect to statements of income, shareholders' equityconsolidating) statements of income, stockholders’ equity and cash flows of Company and its Subsidiaries for such Fiscal Quarter and for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter and, (ii) fourth Fiscal Quarter of each Fiscal Year, drafts of such balance sheets, statements of income, stockholders’ equity and cash flows of the Consolidated Companies for such fiscal quarter Parent and for the portion of Borrower's fiscal year ended at the end of such quarterits Subsidiaries), presented on a consolidated basis setting forth in the case of the first three Fiscal Quarters of each case Fiscal Year in comparative form the corresponding figures for the corresponding quarter periods of the previous Fiscal Year and the corresponding portion of Borrower's previous fiscal yearfigures from the Financial Plan for the current Fiscal Year, all in reasonable detail detail, together with a Financial Officer Certification and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance Narrative Report with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes)respect thereto;

Appears in 1 contract

Samples: Financing Agreement (Metalico Inc)

Quarterly Financial Statements. As soon as available available, and in any event within 60 45 days (or, if the SEC grants a 5 day extension for filing the Borrower's Form 10Q for such fiscal quarter, 50 days) after the end close of each fiscal quarter of Borrower the Consolidated Group (other than the fourth fiscal quarter, in which case together with the annual financial statements required by Section 7.1(a), ) a consolidated and consolidating balance sheets sheet and income statement of the Consolidated Companies Group as at of the end of such quarter presented on a fiscal quarter, together with related consolidated basis and the related consolidating statements of income, shareholders' equity, operations and retained earnings and of cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis in each case setting forth in each case in comparative form the consolidated and consolidating figures for the corresponding quarter and period of the corresponding portion of Borrower's previous preceding fiscal year, all such financial information described above to be in reasonable form and detail and certified reasonably acceptable to the Administrative Agent, and accompanied by a certificate of an Executive Officer of the chief financial officer or principal accounting officer of Borrower to the effect that such quarterly financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basiscondition, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter Group and such portion of Borrower's fiscal year, have been prepared 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);. (b-1) Monthly Financial Statements. As soon as available, and in any event within thirty (30) days after the end of each month, a consolidated and consolidating balance sheet, statement of operations and statement of cash flows indicating the financial performance of the Consolidated Group for the month then ending and the financial position of the Consolidated Group as of the end of such month.

Appears in 1 contract

Samples: Credit Agreement (Take Two Interactive Software Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter)FFCC, a consolidated and consolidating balance sheets sheet of the Consolidated Companies FFCC and its consolidated Subsidiaries as at the end of such fiscal quarter presented on a consolidated basis and the related consolidated and consolidating statements of income, shareholders' equity, retained earnings and cash flows of the Consolidated Companies FFCC and its consolidated Subsidiaries for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal yearquarter, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower FFCC that such financial statements they present fairly present in all material respects the consolidated and consolidating financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basisquarter, and the consolidated and consolidating results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter quarter, of FFCC and such portion of Borrower's fiscal year, its consolidated Subsidiaries in accordance with GAAP consistently applied (applied, subject to normal year-end audit adjustments (it being understood that the form of consolidated and consolidating balance sheet, and the absence related statements of certain footnotesincome, retained earnings and cash flows contained in the Bank Book shall satisfy the requirements of this subsection);

Appears in 1 contract

Samples: Credit Agreement (First Financial Caribbean Corp)

Quarterly Financial Statements. As To the Agent, as soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower ChoicePoint (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrowerthe ChoicePoint's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerChoicePoint's previous fiscal year, all in reasonable detail and certified accompanied by a certification by the chief financial officer or principal accounting officer of Borrower ChoicePoint that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of BorrowerChoicePoint's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Master Agreement (Choicepoint Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified by the chief Chief Financial Officer or other authorized financial officer or principal accounting officer of Borrower acceptable to the Administrative Agent and the Required Lenders that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Revolving Credit Agreement (Planet Hollywood International Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 sixty (60) days after the end of each fiscal quarter of Borrower Nelsxx (other xxher than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at of the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal Nelsxx'x xxxcal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous Nelsxx'x xxxvious fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower that Nelsxx xxxt such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at of the end of such fiscal quarter on a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Borrower's fiscal Nelsxx'x xxxcal year, 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 (Nelson Thomas Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower Fiscal Quarter (other than the fourth fiscal quarterFiscal Quarter), a consolidated balance sheets sheet of the Consolidated Companies Company and its Subsidiaries as at the end of such quarter presented on a consolidated basis and the related consolidated statements of income, shareholders' equity, retained earnings and cash flows of the Consolidated Companies Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the portion of Borrowerthe Company's fiscal year Fiscal Year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrowerthe Company's previous fiscal yearFiscal Year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower a Responsible Officer that such financial statements are complete and correct and fairly present in all material respects the consolidated financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basisFiscal Quarter, and the consolidated results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter Fiscal Quarter and such portion of Borrowerthe Company's fiscal yearFiscal Year, of the Company and its Subsidiaries in accordance with GAAP consistently applied (subject to normal normal, year-end audit adjustments adjustments). At the same time (but only for periods during which LCEC is a Subsidiary), a consolidating balance sheet of the Company and LCEC at the absence end of certain footnotessuch Fiscal Quarter and related consolidating statements of income and cash flows, for the portion of the Company's Fiscal Year ended at such quarter (in each case consolidating on the basis of principal lines of business of the Company and LCEC);, accompanied by a certification from a Responsible Officer that such consolidating financial statements form the basis of the Company's consolidated financial statements and are fairly stated in all material respects when considered in relation thereto.

Appears in 1 contract

Samples: Credit Agreement (Benchmark Electronics Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified by the chief Treasurer or Chief Financial Officer or other authorized financial officer or principal accounting officer of Borrower acceptable to the Agent and the Required Lenders that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Revolving Credit Agreement (Discount Auto Parts Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 sixty (60) days after the end of each fiscal quarter of Borrower Xxxxxx (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at of the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's Xxxxxx'x fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's Xxxxxx'x previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower Xxxxxx that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at of the end of such fiscal quarter on a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Borrower's Xxxxxx'x fiscal year, 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 (Nelson Thomas Inc)

Quarterly Financial Statements. As soon as available and in any ------------------------------ event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year Fiscal Year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal yearFiscal Year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal yearFiscal Year, 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 (Morrison Restaurants Inc/)

Quarterly Financial Statements. As soon as available and in any event ------------------------------- within 60 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Line of Credit Agreement (Hughes Supply Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower Interface (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated and a "line of business" basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of BorrowerInterface's fiscal year ended at the end of such quarter, presented on a consolidated and a "line of business" basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerInterface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or - 48 - principal accounting officer of Borrower Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated and "line of business" basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of BorrowerInterface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Term Loan Agreement (Interface Inc)

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Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified by the chief Treasurer or Chief Financial Officer or other authorized financial officer or principal accounting officer of Borrower acceptable to the Administrative Agent and all other Lenders that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes)) and as reflected in the notes thereto;

Appears in 1 contract

Samples: Revolving Credit Agreement (Discount Auto Parts Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Revolving Credit and Line of Credit Agreement (Office Depot Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), a balance sheets sheet of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equityequity (but only if such statement of shareholders' equity is required to be prepared for such fiscal quarter under GAAP or the accounting requirements of the Securities and Exchange Commission, including, without limitation, Regulation S-X), and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, 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 (Fuqua Enterprises Inc)

Quarterly Financial Statements. As soon as available available, and in any event within 60 45 days after the end of each fiscal quarter Fiscal Quarter (provided that if Company files quarterly reports with the Securities Exchange Commission, then delivery of Borrower (other quarterly financial statements hereunder shall be deemed timely if delivered no later than the last date for timely delivery of the Company’s 10Q filing to the Securities Exchange Commission for such Fiscal Quarter) of each Fiscal Year (including the fourth fiscal quarterFiscal Quarter), the consolidated balance sheets of the Consolidated Companies Company and its Subsidiaries as at the end of such quarter presented on a consolidated basis Fiscal Quarter and the related consolidated statements of income, shareholders' equity, stockholders’ equity and cash flows of the Consolidated Companies Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the portion period from the beginning of Borrower's fiscal year ended at the then current Fiscal Year to the end of such quarterFiscal Quarter, presented on a consolidated basis setting forth in each case in comparative form the figures corresponding figures, with respect to the balance sheet, statements of income and statements of cash flows, for the corresponding quarter and periods of the previous Fiscal Year and, with respect to statements of income, the corresponding portion of Borrower's previous fiscal yearfigures from the Financial Plan for the current Fiscal Year, all in reasonable detail and certified 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 Consolidated Companies as at the end of such fiscal quarter on detail, together with a consolidated basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes)Financial Officer Certification;

Appears in 1 contract

Samples: Financing Agreement (EVO Transportation & Energy Services, Inc.)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies 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 Consolidated Companies for such fiscal quarter and for the portion of Borrower'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 Borrower's previous fiscal year, all in reasonable detail and certified by the chief Chief Financial Officer or other authorized financial officer or principal accounting officer of Borrower acceptable to the Administrative Agent and the Required Lenders that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal FISCAL quarter on a consolidated and consolidating basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Able Telcom Holding Corp)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower Parent (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of BorrowerParent's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerParent's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower Parent that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of BorrowerParent's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Real Estate Term Credit Agreement (Hughes Supply Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified by the chief Chief Financial Officer or other authorized financial officer or principal accounting officer of Borrower acceptable to the Agent and the Required Lenders that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Planet Hollywood International Inc)

Quarterly Financial Statements. As soon as available and available, but in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the first three (3) fiscal quarters of each fiscal year of the Company, a Consolidated Companies and consolidating balance sheet of the Company and its Subsidiaries as at the end of such quarter presented on a consolidated basis fiscal quarter, and the related Consolidated and consolidating statements of incomeearnings, shareholders' equity, changes in Shareholders’ Equity and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's the Company’s fiscal year ended at the end of such quarterthen ended, presented on a consolidated basis setting forth in each consolidated case in comparative form the figures for the corresponding fiscal quarter of the previous fiscal year and the corresponding portion of Borrower's the previous fiscal year, all in reasonable detail and prepared in accordance with GAAP, such Consolidated statements to be certified by the chief executive officer, chief financial officer officer, treasurer or principal accounting officer controller who is a Responsible Officer of Borrower the Company as fairly presenting the financial condition, results of operations, Shareholders’ Equity and cash flows of the Company and its Subsidiaries. The consolidating statements shall be certified by the chief executive officer, chief financial officer, treasurer or controller who is a Responsible Officer of the Company to the effect that such financial statements fairly present are accurately stated in all material respects when considered in relation to the Consolidated financial condition statements of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basis, Company and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Argan Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year Fiscal Year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal yearFiscal Year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal yearFiscal Year, 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 (Morrison Health Care Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower the Company (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, retained earnings and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's the Company’s fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's the Company’s previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower the Company that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's the Company’s fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Syndicated Facility Agreement (Genuine Parts Co)

Quarterly Financial Statements. As soon as available and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerXxxxxxxx's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, 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 (Vari Lite International Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 forty-five (45) days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such fiscal quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows (if available) of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's 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 fiscal quarter and of the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year end audit adjustments and the absence of certain footnotes, and to any change in accounting treatment which the Borrower may give to accounting for leases of property provided, however, if the Borrower changes its accounting treatment for said leases, the Borrower shall notify the Agent and the Lenders of said change and the impact of said change);.

Appears in 1 contract

Samples: Revolving Line of Credit and Term Loan Agreement (Solar Mates Inc)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower ChoicePoint (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrowerthe ChoicePoint's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerChoicePoint's previous fiscal year, all in reasonable detail and certified accompanied by a certification by the chief financial officer or principal accounting officer of Borrower ChoicePoint that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of BorrowerChoicePoint's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Master Agreement (Choicepoint Inc)

Quarterly Financial Statements. As soon as available and available, but in any event within 60 forty-five (45) days after the end of each fiscal quarter of the first three (3) Fiscal Quarters of each Fiscal Year of the Borrower (other than or, if earlier, 5 days after the fourth fiscal quarterdate required to be filed with the SEC (without giving effect to any extension permitted by the SEC)) (commencing with the Fiscal Quarter ended March 31, 2021), a Consolidated balance sheets sheet of the Consolidated Companies Borrower and its Subsidiaries as at the end of such quarter presented on a consolidated basis Fiscal Quarter, the related Consolidated statements of income or operations for such Fiscal Quarter and for the portion of the Borrower’s Fiscal Year then ended, and the related Consolidated statements of income, changes in shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of the Borrower's fiscal year ended at the end of such quarter’s Fiscal Year then ended, presented on a consolidated basis in each case setting forth in each case in comparative form form, as applicable, the figures for the corresponding quarter Fiscal Quarter of the previous Fiscal Year and the corresponding portion of Borrower's the previous fiscal yearFiscal Year, all in reasonable detail and detail, such Consolidated statements to be certified by the chief executive officer, chief financial officer officer, treasurer or principal accounting officer controller of the Borrower that such financial statements as fairly present presenting in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated basiscondition, and the results of operations operations, shareholders’ equity and statements of cash flows of the Consolidated Companies for such fiscal quarter Borrower and such portion of Borrower's fiscal year, its Subsidiaries in accordance with GAAP consistently applied (GAAP, subject only to normal year-end audit adjustments and the absence of certain footnotes);.

Appears in 1 contract

Samples: Credit Agreement (Encore Wire Corp)

Quarterly Financial Statements. As soon as available avail- able and in any event within 60 days after the end of each fiscal quarter of Borrower Interface (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of BorrowerInterface's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerInterface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of BorrowerInterface's fiscal year, 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 (Interface Inc)

Quarterly Financial Statements. As soon as available and in any event within Within 60 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated basis and the related statements of income, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and for the portion of Borrower's fiscal year ended at the end of such quarter, presented on a consolidated basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of Borrower's previous fiscal year, all in reasonable detail and certified 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 Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP consistently applied (subject to normal year-end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Revolving Credit Agreement (Hughes Supply Inc)

Quarterly Financial Statements. As soon as available available, and in any event within 60 45 days after the end of each fiscal quarter of Borrower (other than the fourth fiscal quarter)first three Fiscal Quarters of each Fiscal Year, the unaudited consolidated balance sheets of the Consolidated Companies Holdings and its Subsidiaries as at the end of such quarter presented on a consolidated basis Fiscal Quarter and the related consolidated statements of income, shareholders' equity, stockholders’ equity and cash flows of the Consolidated Companies Holdings and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the portion period from the beginning of Borrower's fiscal year ended at the then current Fiscal Year to the end of such quarterFiscal Quarter, presented on a consolidated basis setting forth in each case in comparative form the corresponding figures for the corresponding quarter and periods of the corresponding portion of Borrower's previous fiscal yearFiscal Year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower that detail. All such financial statements delivered pursuant to paragraphs and above shall present fairly present in all material respects the financial condition of the Consolidated Companies 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 for such fiscal quarter and such portion of Borrower's fiscal year, in accordance with GAAP the consolidated financial condition of Holdings and its Subsidiaries as at the applicable dates, and the consolidated results of their operations, their changes in equity (deficit) and their consolidated cash flows for the periods reflected therein, and shall be prepared in accordance with GAAP applied consistently applied throughout the periods reflected therein (subject to normal year-end audit adjustments and except, in the case of unaudited financial statements, for the absence of certain footnotes);.

Appears in 1 contract

Samples: Credit Agreement (Air Transport Services Group, Inc.)

Quarterly Financial Statements. As soon as available and in any event within 60 days after the end of each fiscal quarter of Borrower Interface (other than the fourth fiscal quarter), balance sheets of the Consolidated Companies as at the end of such quarter presented on a consolidated and a "line of business" basis and the related statements of incomein- come, shareholders' equity, and cash flows of the Consolidated Companies for such fiscal quarter and - 92 - for the portion of BorrowerInterface's fiscal year ended at the end of such quarter, presented on a consolidated and a "line of business" basis setting forth in each case in comparative form the figures for the corresponding quarter and the corresponding portion of BorrowerInterface's previous fiscal year, all in reasonable detail and certified by the chief financial officer or principal accounting officer of Borrower Interface that such financial statements fairly present in all material respects the financial condition of the Consolidated Companies as at the end of such fiscal quarter on a consolidated and "line of business" basis, and the results of operations and statements of cash flows of the Consolidated Companies for such fiscal quarter and such portion of BorrowerInterface's fiscal year, in accordance with GAAP consistently applied (subject to normal year-year- end audit adjustments and the absence of certain footnotes);

Appears in 1 contract

Samples: Credit Agreement (Interface Inc)

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