Common use of Year-End Financial Statements Clause in Contracts

Year-End Financial Statements. As soon as available but no later than one hundred twenty (120) days after the end of each financial reporting year, a complete copy of Borrower’s audited annual financials, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lenders (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Bxxxxxxx’s records. Notwithstanding the foregoing, if Bxxxxxxx’s Board of Directors does not require Bxxxxxxx’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lenders unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b) (other than the Accountant’s certification).

Year-End Financial Statements. As soon as available but no later than one hundred twenty eighty (120180) days after the end of each financial reporting year, a complete copy of Borrower’s audited annual financialsaudit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and reasonably satisfactory to Lenders Lender (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of BxxxxxxxBorrower’s records. Notwithstanding the foregoing, if BxxxxxxxBorrower’s Board of Directors does not require BxxxxxxxBorrower’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lenders Lender unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b) (other than the Accountant’s certification).

Year-End Financial Statements. As soon as available but no later than one hundred twenty (120) days after the end of each financial reporting year, a complete copy of Borrower’s audited annual financialsaudit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an EisnerAmper LLP or another independent certified public accountant selected by Borrower and reasonably satisfactory to Lenders (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of BxxxxxxxBorrower’s records. Notwithstanding the foregoing, if BxxxxxxxXxxxxxxx’s Board of Directors does not require BxxxxxxxXxxxxxxx’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lenders Agent unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b) (other than the Accountant’s certification).

Year-End Financial Statements. As soon as available but no later than one hundred twenty (120) days after the end of each financial reporting year, a complete copy of Borrower’s audited annual financialsaudit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an Mxxxxx LLP or another independent certified public accountant selected by Borrower and reasonably satisfactory to Lenders Agent (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Bxxxxxxx’s records. Notwithstanding the foregoing, if Bxxxxxxx’s Board of Directors does not require Bxxxxxxx’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lenders Lender unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b5.2(c) (other than the Accountant’s certification).