Year-End Financial Information as soon as the same becomes available, but in any event, within 120 days after the end of the fourth Financial Quarter of each of its Financial Years:
(a) the audited annual financial statements of each Borrower and the related Reporting Accountants' reports for the Financial Year; and
(b) a reconciliation of the revenue and operating profit as shown in the audited financial statements produced in Clause 15.1.1(a) above to revenue, operating expenses and EBITDA relating to that Financial Year as set out in the most recent Final Investor Report; and
Year-End Financial Information. As soon as available and in any event within ninety (90) days after the end of the fiscal year of the Company, the Company shall deliver (i) the consolidated and consolidating balance sheets of the Company and its Subsidiaries as at the end of such year and the related consolidated and consolidating statements of income, shareholders' equity and cash flow for such fiscal year, (ii) a schedule of the outstanding Indebtedness for borrowed money of the Company and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan, and (iii) a report with respect to the financial statements from PriceWaterhouseCoopers or another "Big Four" firm of certified public accountants (excluding Xxxxxx Xxxxxxxx) selected by the Company and reasonably acceptable to the Purchasers, which report shall be issued pursuant to an audit conducted by such firm of certified public accountants in conformity with GAAP. Such report shall contain an "Unqualified" opinion (as such term is defined in AU Section 508.10 of the American Institute of Certified Public Accountants Professional Standards). Together with each delivery of financial statements of the Company and its Subsidiaries pursuant to this subsection 8.01(b), the Company shall deliver to each Purchaser a copy of a letter from the Company to such accounting firm, which letter shall have been delivered to such accounting firm prior to its delivery of such financial statements, stating that an intent of the Company in engaging the accounting firm's professional services to prepare the audit report relating to such financial statements was to benefit and influence each Purchaser and its successors or assigns. Such letter shall state -that each Purchaser intends to rely on the audit report and the accounting firm's professional services provided to the Company and its Subsidiaries.
Year-End Financial Information. As soon as the same become available, but in any event within 120 days after the end of each of its Financial Years, the Borrower will provide to the Borrower Security Trustee and the Issuer, and copied to the Trustee, the Rating Agencies, the Liquidity Facility Provider, the Currency Swap Counterparty and the Interest Rate Swap Counterparty, its consolidated audited financial statements and related auditors’ report for the Financial Year from an internationally recognised firm of auditors accompanied by a certificate from the managing partners of the Borrower stating such statements provided a true and fair view of the financial condition of the Borrower as at the date of such statements except to the extent that disclosure of such financial information would at any time breach any law, regulation, stock exchange requirement or rules of any applicable regulatory body to which any member of the Group or any Holding Company of the Borrower is subject.
Year-End Financial Information. As soon as available and in any event within two hundred seventy (270) days after the end of the Fiscal Year (commencing with the Fiscal Year ending December 31, 2009), the Obligors shall deliver the consolidated balance sheets of the Obligors and their respective Subsidiaries as at the end of such year and the related consolidated statements of income, stockholders' equity and cash flow for such Fiscal Year and (ii) a report with respect to the financial statements from a firm of certified public accountants selected by the Obligors, which report shall be issued pursuant to an audit conducted by such firm of certified public accountants in conformity with GAAP. Such report shall contain an “Unqualified” opinion (as such term is defined in AU Section 508.10 of the American Institute of Certified Public Accountants Professional Standards); provided that such opinion may have a “going concern” qualification as a consequence of any Obligor not having at least 12 months of cash from the date of issuance of such opinion.
Year-End Financial Information. As soon as available and in any event within ninety (90) days after the end of the fiscal year of the Company, the Company shall deliver (i) the consolidated and consolidating balance sheets of the Company and its Subsidiaries
Year-End Financial Information. Within ninety (90) days after the end of each fiscal year of Parent, audited consolidated financial statements of the TBW Parties and their consolidated Subsidiaries, including, income statements and statements of (i) changes in stockholders' equity and (ii) cash flow from the beginning of the current fiscal year to the end of such fiscal year and the balance sheet as at the end of such fiscal year, all prepared in accordance with GAAP applied on a basis consistent with prior practices, and in reasonable detail and reported upon without qualification by Xxxxx Xxxxxxxx LLP or another nationally recognized independent certified public accounting firm selected by Parent (the "ACCOUNTANTS") and management prepared unaudited consolidating financial statements of the TBW Parties and their Subsidiaries, including, income statements from the beginning of the current fiscal year to the end of such fiscal year and the balance sheet as at the end of such fiscal year, all prepared in accordance with GAAP applied on a basis consistent with prior practices, and in reasonable detail. The report of the Accountants shall be accompanied by a statement of the Accountants certifying that (1) they have caused this Agreement regarding the covenants in Sections 9.7 and 9.8 to be reviewed, and (2) in making the examination upon which such report was based either no information came to their attention which to their knowledge constituted an Event of Default or a Default under this Agreement regarding the covenants in Sections 9.7 and 9.8 or, if such information came to their attention, specifying any such Default or Event of Default, its nature, when it occurred and whether it is continuing, and such report shall contain or have appended thereto calculations which set forth the TBW Parties' compliance with the requirements or restrictions imposed by Sections 9.7 and 9.8 hereof.
Year-End Financial Information. As soon as available and in any event within ninety (90) days after the end of the fiscal year of the Company, the Company shall deliver (i) the consolidated and consolidating balance sheets of the Company and its Subsidiaries as at the end of such year and the related consolidated and consolidating statements of income, stockholders' equity and cash flow for such fiscal year, (ii) a schedule of the outstanding Indebtedness for borrowed money of the Company and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan, and (iii) a report with respect to the financial statements from a "Big Five" firm of certified public accountants selected by the Company and reasonably acceptable to the Purchasers.
Year-End Financial Information. As soon as available and in any event within ninety (90) days after the end of the fiscal year of the Company, the Company shall deliver (i) the consolidated and consolidating balance sheets of the Company and its Subsidiaries as at the end of such year and the related consolidated and consolidating statements of income, stockholders' equity and cash flow for such fiscal year, (ii) a schedule of the outstanding Indebtedness for borrowed money of the Company and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan, and (iii) a report with respect to the financial statements from Ernst & Young, LLP or another "Big Five" firm of certified public accountants selected by the Company and reasonably acceptable to the Purchasers, which report shall be issued pursuant to an audit conducted by such firm of certified public accountants in conformity with generally accepted accounting standards. The Company shall use its best commercially reasonable efforts to ensure that such report shall contain an "Unqualified" opinion (as such term is defined in AU Section 508.10 of the American Institute of Certified Public Accountants Professional Standards).
Year-End Financial Information. As soon as available and in any event within one hundred twenty (120) days after the end of the fiscal year of the Corporation, the Corporation shall deliver (i) the balance sheets of the Corporation as at the end of such year and the related statements of income, stockholders' equity and cash flow for such fiscal year, (ii) a schedule of the material outstanding Indebtedness for borrowed money of the Corporation describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan, and (iii) a report with respect to the financial statements from a "Big Five" firm of certified public accountants selected by the Corporation, which report shall be issued pursuant to an audit conducted by such firm of certified public accountants in conformity with generally accepted accounting standards. The Corporation shall use commercially reasonable efforts to ensure that such report shall contain an "Unqualified" opinion (as such term is defined in AU Section 508.10 of the American Institute of Certified Public Accountants Professional Standards).
Year-End Financial Information. As soon as available and in any event within 100 days after the end of the Fiscal Year of the Company, the Company shall deliver (i) the consolidated and consolidating balance sheets of the Company and its Subsidiaries (and a consolidated balance sheet of the Group) as at the end of such year and the related consolidated and consolidating statements of income, stockholders’ equity and cash flow of the Company and its Subsidiaries (and the related consolidated statement of income, stockholders’ equity and cash flow of the Group) for such Fiscal Year, (ii) a schedule of the Outstanding Borrowings describing in reasonable detail each such debt issue or loan outstanding and the obligors thereon, principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan, and (iii) a report with respect to the consolidated financial statements of the Company and its Subsidiaries from Ernst & Young LLP or another nationally recognized firm of certified public accountants selected by the Company and reasonably acceptable to the Purchaser, which report shall be issued pursuant to an audit conducted by such firm of certified public accountants in conformity with GAAP. Such report shall contain an “Unqualified” opinion (as such term is defined in AU Section 508.10 of the American Institute of Certified Public Accountants Professional Standards or any successor provision).
