Reports to the Lender. Furnish to the Lender: (a) within 95 days after the end of each fiscal year, consolidated financial statements (including a balance sheet and the related statements of income, cash flows and retained earnings) of IPCC for such fiscal year, together with statements in comparative form for the preceding fiscal year, all in reasonable detail, prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved, and audited and certified by independent certified public accountants of recognized standing selected by IPCC and satisfactory to the Lender (the form of such certification also to be satisfactory to the Lender); (b) within 50 days after the end of each fiscal quarter, in each fiscal year, consolidated financial statements of IPCC similar to those referred to in Section 5.5(a) for such fiscal quarter and for the period beginning on the first day of the fiscal year and ending on the last day of such fiscal quarter, unaudited but certified by an Authorized Representative of IPCC; (c) together with the financial statements required hereunder, a compliance certificate duly executed by an Authorized Representative of IPCC substantially in the form of Revised Exhibit B attached hereto; (d) with the financial statements submitted under Section 5.5(a) and 5.5(b), a certificate signed by the party certifying said statement to the effect that no Event of Default, nor any event that, upon notice or lapse of time or both, would constitute an Event of Default, exists or, if any such Event of Default or event exists, specifying the nature and extent thereof; (e) promptly upon the filing thereof, copies of all Forms 10Q and 10K that IPCC files with the Securities and Exchange Commission; (f) promptly upon receipt thereof, copies of all other reports, management letters and other documents submitted to the Borrower by independent accountants in connection with any annual or interim audit of its books made by such accountants; (g) as soon as practical, from time to time, such other information regarding its operations, business affairs and financial condition as the Lender may reasonably request; and (h) Upon the earlier of (a) 15 days after the regulatory filing date or (b) 90 days after the close of each fiscal year of IIC, copies of the Annual Statement of IIC prepared on the NAIC annual statement blanks (or such other form as shall be required by the jurisdiction of incorporation of IIC), all such statements to be prepared in accordance with SAP consistently applied throughout the periods reflected therein with such prescribed or permitted practices as authorized by state regulatory authorities; and within 15 days after the regulatory filing date, copies of such Annual Statements certified by independent certified public accountants reasonably acceptable to the Lender if such certification is so required by any Governmental Authority. At the Lender’s option, IPCC may satisfy its obligations under subsections (a), (b), (e) and (f) of this Section 5.5 through its timely submission of such financial statements, Forms 10 Q and 10-K, and any other documents to the United States Securities and Exchange Commission (the “SEC”). As of the date of this Agreement, Lender is electing to allow IPCC to satisfy these obligations through timely submission of these financial statements, Forms 10-Q and 10-K, and other documents to SEC. Should Lender elect not to allow IPCC to continue to satisfy its obligations under subsection (a), (b), (e) and (f) of this Section 5.5 in this manner, Lender will provide notice to IPCC at least thirty (30) days prior to the end of the calendar quarter for which such financial statements, Forms 10-Q or 10-K, or other documents are prepared. (i) Section 5.15(a) of the Credit Agreement is hereby amended to read, in its entirety, as follows:
Appears in 1 contract
Samples: Credit Agreement (Infinity Property & Casualty Corp)
Reports to the Lender. Furnish to the Lender:
(a) within 95 90 days after the end of each fiscal year, consolidated financial statements (including a balance sheet and the related statements of income, cash flows and retained earnings) of IPCC the Borrowers for such fiscal year, together with statements in comparative form for the preceding fiscal year, all in reasonable detaildetail (including all computations necessary to show the Borrowers' compliance with Section 5.15), prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved, and audited and certified by independent certified public accountants of recognized standing selected by IPCC the Borrowers and satisfactory to the Lender (the form of such certification also to be satisfactory to the Lender);
(b) within 50 45 days after the end of each fiscal quarter, in each fiscal year, consolidated financial statements of IPCC the Borrowers similar to those referred to in Section 5.5(a) for such fiscal quarter and for the period beginning on the first day of the fiscal year and ending on the last day of such fiscal quarter, unaudited but certified by an Authorized Representative of IPCCthe Borrowers;
(c) together with within 45 days after the financial statements required hereunderfiscal quarters ending June 30 and December 31 of each year, a compliance certificate duly executed by an Authorized Representative the president or chief financial officer of IPCC substantially Boyd in the form of Revised Exhibit B D attached heretohereto ("Compliance Certificatx");
(d) with the financial statements submitted under Section 5.5(a) and 5.5(b), a certificate signed by the party certifying said statement to the effect that no Event of Default, nor any event that, upon notice or lapse of time or both, would constitute an Event of Default, exists or, if any such Event of Default or event exists, specifying the nature and extent thereof;
(e) promptly upon contemporaneously with the distributions thereof to the Borrowers' stockholders or the filing thereof, copies of all Forms 10Q and 10K that IPCC files thereof with the Securities and Exchange Commission, as the case may be, copies of all statements, reports, notices and filings distributed by the Borrowers to their stockholders or filed with the Securities and Exchange Commission (including reports on SEC Forms 10-K, 10-Q and 8-K);
(f) promptly upon receipt thereof, copies of all other reports, management letters and other documents submitted to the Borrower it by independent accountants in connection with any annual or interim audit of its books made by such accountants;; and
(g) as soon as practical, from time to time, such other information regarding its operations, business affairs and financial condition as the Lender may reasonably request; and
(h) Upon the earlier of (a) 15 days after the regulatory filing date or (b) 90 days after the close of each fiscal year of IIC, copies of the Annual Statement of IIC prepared on the NAIC annual statement blanks (or such other form as shall be required by the jurisdiction of incorporation of IIC), all such statements to be prepared in accordance with SAP consistently applied throughout the periods reflected therein with such prescribed or permitted practices as authorized by state regulatory authorities; and within 15 days after the regulatory filing date, copies of such Annual Statements certified by independent certified public accountants reasonably acceptable to the Lender if such certification is so required by any Governmental Authority. At the Lender’s option, IPCC may satisfy its obligations under subsections (a), (b), (e) and (f) of this Section 5.5 through its timely submission of such financial statements, Forms 10 Q and 10-K, and any other documents to the United States Securities and Exchange Commission (the “SEC”). As of the date of this Agreement, Lender is electing to allow IPCC to satisfy these obligations through timely submission of these financial statements, Forms 10-Q and 10-K, and other documents to SEC. Should Lender elect not to allow IPCC to continue to satisfy its obligations under subsection (a), (b), (e) and (f) of this Section 5.5 in this manner, Lender will provide notice to IPCC at least thirty (30) days prior to the end of the calendar quarter for which such financial statements, Forms 10-Q or 10-K, or other documents are prepared.
(i) Section 5.15(a) of the Credit Agreement is hereby amended to read, in its entirety, as follows:
Appears in 1 contract
Reports to the Lender. Furnish to the Lender:
(a) within 95 days after the end of each fiscal year, consolidated financial statements (including a balance sheet and the related statements of income, cash flows and retained earnings) of IPCC the Borrower for such fiscal year, together with statements in comparative form for the preceding fiscal year, all in reasonable detail, prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved, and audited and certified by independent certified public accountants of recognized standing selected by IPCC the Borrower and satisfactory to the Lender (the form of such certification also to be satisfactory to the Lender);
(b) within 50 days after the end of each fiscal quarter, in each fiscal year, consolidated financial statements of IPCC the Borrower similar to those referred to in Section 5.5(a) for such fiscal quarter and for the period beginning on the first day of the fiscal year and ending on the last day of such fiscal quarter, unaudited but certified by an Authorized Representative of IPCCthe Borrower;
(c) together with the financial statements required hereunder, a compliance certificate duly executed by an Authorized Representative of IPCC the Borrower substantially in the form of Revised Exhibit B attached hereto;
(d) with the financial statements submitted under Section 5.5(a) and 5.5(b), a certificate signed by the party certifying said statement to the effect that no Event of Default, nor any event that, upon notice or lapse of time or both, would constitute an Event of Default, exists or, if any such Event of Default or event exists, specifying the nature and extent thereof;
(e) promptly upon the filing thereof, copies of all Forms 10Q and 10K that IPCC the Borrower files with the Securities and Exchange Commission;
(f) promptly upon receipt thereof, copies of all other reports, management letters and other documents submitted to the Borrower it by independent accountants in connection with any annual or interim audit of its books made by such accountants;; and
(g) as soon as practical, from time to time, such other information regarding its operations, business affairs and financial condition as the Lender may reasonably request; and
(h) Upon the earlier of (a) 15 days after the regulatory filing date or (b) 90 days after the close of each fiscal year of IIC, copies of the Annual Statement of IIC prepared on the NAIC annual statement blanks (or such other form as shall be required by the jurisdiction of incorporation of IIC), all such statements to be prepared in accordance with SAP consistently applied throughout the periods reflected therein with such prescribed or permitted practices as authorized by state regulatory authorities; and within 15 days after the regulatory filing date, copies of such Annual Statements certified by independent certified public accountants reasonably acceptable to the Lender if such certification is so required by any Governmental Authority. At the Lender’s option, IPCC the Borrower may satisfy its obligations under subsections (a), (b), (e) and (f) of this Section 5.5 through its timely submission of such financial statements, Forms 10 10-Q and 10-K, and any other documents to the United States Securities and Exchange Commission (the “SEC”). As of the date of this Agreement, Lender is electing to allow IPCC Borrower to satisfy these obligations through timely submission of these financial statements, Forms 10-Q and 10-K, and other documents to SEC. Should Lender elect not to allow IPCC Borrower to continue to satisfy its obligations under subsection (a), (b), (e) and (f) of this Section 5.5 in this manner, Lender will provide notice to IPCC Borrower at least thirty (30) days prior to the end of the calendar quarter for which such financial statements, Forms 10-Q or 10-K, or other documents are prepared.
(i) Section 5.15(a) of the Credit Agreement is hereby amended to read, in its entirety, as follows:
Appears in 1 contract
Samples: Credit Agreement (Infinity Property & Casualty Corp)
Reports to the Lender. Furnish to the Lender:
(a) within 95 days after the end of each fiscal year, consolidated financial statements (including a balance sheet and the related statements of income, cash flows and retained earnings) of IPCC for such fiscal year, together with statements in comparative form for the preceding fiscal year, all in reasonable detail, prepared in accordance with generally accepted accounting principles GAAP consistently applied throughout the periods involved, and audited and certified by independent certified public accountants of recognized standing selected by IPCC and satisfactory to the Lender (the form of such certification also to be satisfactory to the Lender);
(b) within 50 days after the end of each fiscal quarter, in each fiscal year, consolidated financial statements of IPCC similar to those referred to in Section 5.5(a) for such fiscal quarter and for the period beginning on the first day of the fiscal year and ending on the last day of such fiscal quarter, unaudited but certified by an Authorized Representative of IPCC;
(c) together with the financial statements required hereunder, a compliance certificate duly executed by an Authorized Representative of IPCC substantially in the form of Revised Exhibit B attached hereto;
(d) with the financial statements submitted under Section 5.5(a) and 5.5(b), a certificate signed by the party certifying said statement to the effect that no Event of Default, nor any event that, upon notice or lapse of time or both, would constitute an Event of Default, exists or, if any such Event of Default or event exists, specifying the nature and extent thereof;
(e) promptly upon the filing thereof, copies of all Forms 10Q and 10K that IPCC files with the Securities and Exchange Commission;
(f) promptly upon receipt thereof, copies of all other reports, management letters and other documents submitted to the Borrower by independent accountants in connection with any annual or interim audit of its books made by such accountants;
(g) as soon as practical, from time to time, such other information regarding its operations, business affairs and financial condition as the Lender may reasonably request; and
(h) Upon the earlier of (a) 15 days after the regulatory filing date or (b) 90 days after the close of each fiscal year of IIC, copies of the Annual Statement of IIC prepared on the NAIC annual statement blanks (or such other form as shall be required by the jurisdiction of incorporation of IIC), all such statements to be prepared in accordance with SAP consistently applied throughout the periods reflected therein with such prescribed or permitted practices as authorized by state regulatory authorities; and within 15 days after the regulatory filing date, copies of such Annual Statements certified by independent certified public accountants reasonably acceptable to the Lender if such certification is so required by any Governmental Authority. At the Lender’s option, IPCC may satisfy its obligations under subsections (a), (b), (e) and (f) of this Section 5.5 through its timely submission of such financial statements, Forms 10 10-Q and 10-K10‑K, and any other documents to the United States Securities and Exchange Commission (the “SEC”). As of the date of this Agreement, Lender is electing to allow IPCC to satisfy these obligations through timely submission of these financial statements, Forms 10-Q and 10-K, and other documents to SEC. Should Lender elect not to allow IPCC to continue to satisfy its obligations under subsection (a), (b), (e) and (f) of this Section 5.5 in this manner, Lender will provide notice to IPCC at least thirty (30) days prior to the end of the calendar quarter for which such financial statements, Forms 10-Q or 10-K, or other documents are prepared.
(i) Section 5.15(a) of the Credit Agreement is hereby amended to read, in its entirety, as follows:
Appears in 1 contract
Samples: Credit Agreement (Infinity Property & Casualty Corp)
Reports to the Lender. Furnish to the Lender:
(a) within 95 90 days after the end of each fiscal year, consolidated financial statements (including a consolidated balance sheet and the related statements of income, cash flows and retained earnings) of IPCC Guarantor for such fiscal year, together with statements in comparative form for the preceding fiscal year, all in reasonable detail, prepared in accordance with generally accepted accounting principles GAAP consistently applied throughout the periods involved, and audited and certified by independent certified public accountants of recognized standing selected by IPCC Guarantor and satisfactory to the Lender (the form of such certification also to be satisfactory to the Lender);
(b) within 50 45 days after the end of each fiscal quarter, in of the first three quarters of each fiscal year, consolidated financial statements of IPCC Guarantor similar to those referred to in Section 5.5(a) for such fiscal quarter and for the period beginning on the first day of the fiscal year and ending on the last day of such fiscal quarter, unaudited but certified by an Authorized Representative of IPCCGuarantor;
(c) together not later than 45 days after the end of each of the first three quarters of each fiscal year (commencing with the financial statements required hereunderquarter ending September 30, 2010) and 90 days after the end of each fiscal year, a compliance certificate duly executed by an Authorized Representative of IPCC Guarantor substantially in the form of Revised Exhibit B attached hereto;
(d) with the financial statements submitted under Section 5.5(a) and 5.5(b), a • certificate signed by the party certifying said statement to the effect that no Event of Default, nor any event that, upon notice or lapse of time or both, would constitute an Event of Default, exists or, if any such Event of Default or event exists, specifying the nature and extent thereof;
(e) promptly upon the filing thereof, copies of all Forms 10Q and 10K that IPCC files with the Securities and Exchange Commission;
(f) promptly upon receipt thereof, copies of all other reports, management letters and other documents submitted to the Borrower it by independent accountants in connection with any annual or interim audit of its books made by such accountants;; and
(gf) as soon as practical, from time to time, such other information regarding its operations, business affairs and financial condition as the Lender may reasonably request; and
(h) Upon the earlier of (a) 15 days after the regulatory filing date or (b) 90 days after the close of each fiscal year of IIC, copies of the Annual Statement of IIC prepared on the NAIC annual statement blanks (or such other form as shall be required by the jurisdiction of incorporation of IIC), all such statements to be prepared in accordance with SAP consistently applied throughout the periods reflected therein with such prescribed or permitted practices as authorized by state regulatory authorities; and within 15 days after the regulatory filing date, copies of such Annual Statements certified by independent certified public accountants reasonably acceptable to the Lender if such certification is so required by any Governmental Authority. At the Lender’s option, IPCC may satisfy its obligations under subsections (a), (b), (e) and (f) of this Section 5.5 through its timely submission of such financial statements, Forms 10 Q and 10-K, and any other documents to the United States Securities and Exchange Commission (the “SEC”). As of the date of this Agreement, Lender is electing to allow IPCC to satisfy these obligations through timely submission of these financial statements, Forms 10-Q and 10-K, and other documents to SEC. Should Lender elect not to allow IPCC to continue to satisfy its obligations under subsection (a), (b), (e) and (f) of this Section 5.5 in this manner, Lender will provide notice to IPCC at least thirty (30) days prior to the end of the calendar quarter for which such financial statements, Forms 10-Q or 10-K, or other documents are prepared.
(i) Section 5.15(a) of the Credit Agreement is hereby amended to read, in its entirety, as follows:
Appears in 1 contract
Reports to the Lender. Furnish to the Lender:
(a) within 95 90 days after the end of each fiscal year, consolidated financial statements (including a consolidated balance sheet and the related statements of income, cash flows and retained earnings) of IPCC 1SC for such fiscal year, together with statements in comparative form for the preceding fiscal year, all in reasonable detail, prepared in accordance with generally accepted accounting principles GAAP consistently applied throughout the periods involved, and audited and certified by independent certified public accountants of recognized standing selected by IPCC ISC and satisfactory to the Lender (the form of such certification also to be satisfactory to the Lender);
(b) within 50 45 days after the end of each fiscal quarter, in of the first three quarters of each fiscal year, consolidated financial statements of IPCC ISC similar to those referred to in Section 5.5(a) for such fiscal quarter and for the period beginning on the first day of the fiscal year and ending on the last day of such fiscal quarter, unaudited but certified by an Authorized Representative of IPCCISC;
(c) together not later than 45 days after the end of each calendar quarter (commencing with the financial statements required hereunderquarter ending March 31, 2008), a compliance certificate duly executed by an Authorized Representative of IPCC ISC substantially in the form of Revised Exhibit B Schedule 5.5 attached hereto;
(d) with the financial statements submitted under Section 5.5(a) and 5.5(b), a certificate signed by the party certifying said statement to the effect that no Event of Default, nor any event that, upon notice or lapse of time or both, would constitute an Event of Default, exists or, if any such Event of Default or event exists, specifying the nature and extent thereof;
(e) promptly upon the filing thereof, copies of all Forms 10Q and 10K that IPCC files with the Securities and Exchange Commission;
(f) promptly upon receipt thereof, copies of all other reports, management letters and other documents submitted to the Borrower it by independent accountants in connection with any annual or interim audit of its books made by such accountants;
; and (g) 0 as soon as practical, from time to time, such other information regarding its operations, business affairs and financial condition as the Lender may reasonably request; and
(h) Upon the earlier of (a) 15 days after the regulatory filing date or (b) 90 days after the close of each fiscal year of IIC, copies of the Annual Statement of IIC prepared on the NAIC annual statement blanks (or such other form as shall be required by the jurisdiction of incorporation of IIC), all such statements to be prepared in accordance with SAP consistently applied throughout the periods reflected therein with such prescribed or permitted practices as authorized by state regulatory authorities; and within 15 days after the regulatory filing date, copies of such Annual Statements certified by independent certified public accountants reasonably acceptable to the Lender if such certification is so required by any Governmental Authority. At the Lender’s option, IPCC may satisfy its obligations under subsections (a), (b), (e) and (f) of this Section 5.5 through its timely submission of such financial statements, Forms 10 Q and 10-K, and any other documents to the United States Securities and Exchange Commission (the “SEC”). As of the date of this Agreement, Lender is electing to allow IPCC to satisfy these obligations through timely submission of these financial statements, Forms 10-Q and 10-K, and other documents to SEC. Should Lender elect not to allow IPCC to continue to satisfy its obligations under subsection (a), (b), (e) and (f) of this Section 5.5 in this manner, Lender will provide notice to IPCC at least thirty (30) days prior to the end of the calendar quarter for which such financial statements, Forms 10-Q or 10-K, or other documents are prepared.
(i) Section 5.15(a) of the Credit Agreement is hereby amended to read, in its entirety, as follows:
Appears in 1 contract
Samples: Revolving Loan Agreement (International Shipholding Corp)
Reports to the Lender. Furnish to the Lender:
(a) within 95 120 days after the end of each fiscal yearyear of the Borrower, consolidated a copy of the Borrower's 10-K as filed with the Securities and Exchange Commission or if such filing is no longer required, financial statements (including a balance sheet and the related statements of income, cash flows and retained earnings) of IPCC the Borrower for such fiscal year, together with statements in comparative form for the preceding fiscal year, all in reasonable detaildetail (including all computations necessary to show the Borrower's compliance with Section 5.15), prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved, and audited and certified by independent certified public accountants of recognized standing selected by IPCC the Borrower and satisfactory to the Lender (the form of such certification also to be satisfactory to the Lender);
(b) within 50 60 days after the end of each first, second and third fiscal quarter, in each fiscal yeara copy of the Borrower's 10-Q as filed with the Securities and Exchange Commission or if such filing is no longer required, consolidated financial statements of IPCC similar to those referred to in Section 5.5(a) for such fiscal quarter and for the period beginning on the first day of the fiscal year and ending on the last day of such fiscal quarter, unaudited but certified by an Authorized Representative of IPCCthe Borrower;
(c) together with the financial statements required hereunder, a compliance certificate duly executed by an Authorized Representative of IPCC substantially in the form of Revised Exhibit B attached hereto;
(d) with the financial statements submitted under Section 5.5(a) and 5.5(b), a certificate signed by the party certifying said statement to the effect that no Event of Default, nor any event that, upon notice or lapse of time or both, would constitute an Event of Default, exists or, if any such Event of Default or event exists, specifying the nature and extent thereof;
(d) not later than 30 days after the end of each fiscal quarter (commencing on March 27, 1999), a compliance certificate duly executed by an Authorized Representative of the Borrower substantially in the form of Exhibit D attached hereto evidencing compliance with the covenants set forth in Section 5.15 (a "Compliance Certificate");
(e) promptly upon contemporaneously with the distributions thereof to the Borrower's stockholders or the filing thereofthereof with the Securities and Exchange Commission, as the case may be, copies of all Forms 10Q statements, reports, notices and 10K that IPCC files filings distributed by the Borrower to its stockholders or filed with the Securities and Exchange Commission;
(f) promptly upon receipt thereof, copies of all other reports, management letters and other documents submitted to the Borrower it by independent accountants in connection with any annual or interim audit of its books made by such accountants;; and
(g) as soon as practical, from time to time, such other information regarding its operations, business affairs and financial condition as the Lender may reasonably request; request including annual budgets and
(h) Upon the earlier of (a) 15 , within 30 days after the regulatory filing date or (b) 90 days after the close end of each fiscal year of IICquarter, copies of projections for the Annual Statement of IIC prepared on the NAIC annual statement blanks (or such other form as shall be required by the jurisdiction of incorporation of IIC), all such statements to be prepared in accordance with SAP consistently applied throughout the periods reflected therein with such prescribed or permitted practices as authorized by state regulatory authorities; and within 15 days after the regulatory filing date, copies of such Annual Statements certified by independent certified public accountants reasonably acceptable to the Lender if such certification is so required by any Governmental Authority. At the Lender’s option, IPCC may satisfy its obligations under subsections (a), (b), (e) and (f) of this Section 5.5 through its timely submission of such financial statements, Forms 10 Q and 10-K, and any other documents to the United States Securities and Exchange Commission (the “SEC”). As of the date of this Agreement, Lender is electing to allow IPCC to satisfy these obligations through timely submission of these financial statements, Forms 10-Q and 10-K, and other documents to SEC. Should Lender elect not to allow IPCC to continue to satisfy its obligations under subsection (a), (b), (e) and (f) of this Section 5.5 in this manner, Lender will provide notice to IPCC at least thirty (30) days prior to the end of the calendar quarter for which such financial statements, Forms 10-Q or 10-K, or other documents are preparednext succeeding eight fiscal quarters.
(i) Section 5.15(a) of the Credit Agreement is hereby amended to read, in its entirety, as follows:
Appears in 1 contract