Common use of Year-End Financials Clause in Contracts

Year-End Financials. As soon as available and in any event no later than the earlier to occur of (i) 10 days after the date that Borrower is or would be required to file Borrower’s annual report with the SEC as part of Borrower’s periodic reporting (whether or not Borrower is subject to such reporting requirements), and (ii) 100 days after the end of each fiscal year of Borrower, Borrower will deliver (a) consolidated and consolidating balance sheets of Borrower and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ equity and cash flows for such fiscal year (which requirement shall be deemed satisfied by the delivery of Borrower’s Annual Report on Form 10-K (or any successor form) for such year) and (b) a report with respect to the financial statements received pursuant to this Subsection from PricewaterhouseCoopers LLP or another firm of independent certified public accountants of recognized national standing selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”), as amended, entitled “Reports on Audited Financial Statements” and such report shall be without any material qualification or exception as to the scope of such audit or any “going concern” qualification.

Appears in 2 contracts

Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De)

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Year-End Financials. As soon as available and in any event no later than within ninety (90) days (or if Holdings files an extension with the earlier to occur of Securities & Exchange Commission, one hundred and five (i105) 10 days after the date days; PROVIDED, that Borrower is or would be required to file Borrower’s annual report with the SEC as part of Borrower’s periodic reporting has given Agent a written explanation, within ninety (whether or not Borrower is subject to such reporting requirements), and (ii90) 100 days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each fiscal year Fiscal Year of BorrowerHoldings, Borrower will deliver (a1) the consolidated and consolidating balance sheets of Borrower Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ stockholders' equity and cash flows flow for such fiscal year Fiscal Year, (which requirement shall be deemed satisfied by 2) a schedule of the delivery outstanding Indebtedness for borrowed money of Borrower’s Annual Report on Form 10-K (Holdings and its Subsidiaries describing in reasonable detail each such debt issue or any successor form) for loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such year) debt issue or loan and (b3) a report with respect to the financial statements received pursuant to this Subsection consolidated Financial Statements from PricewaterhouseCoopers LLP or another a firm of independent certified public accountants of recognized national standing Certified Public Accountants selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”), as amended, entitled “"STATEMENT") "Reports on Audited Financial Statements" and such report shall be without any material qualification or exception "Unqualified" (as to the scope of such audit or any “going concern” qualificationterm is defined in such Statement).

Appears in 1 contract

Samples: Second Lien Credit Agreement (RadNet, Inc.)

Year-End Financials. As soon as available and in any event no later than the earlier to occur of (i) 10 days after the date that Borrower is or would be required to file Borrower’s 's annual report with the SEC as part of Borrower’s 's periodic reporting (whether or not Borrower is subject to such reporting requirements), and (ii) 100 days after the end of each fiscal year of Borrower, Borrower will deliver (a1) consolidated balance sheets of Borrower and its Subsidiaries, as at the end of such year, and the related consolidated statements of income, shareholders' equity and cash flows for such fiscal year (which requirement shall be deemed satisfied by the delivery of Borrower's Annual Report on Form 10-K (or any successor form) for such year), (2) consolidating balance sheets of Borrower and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ equity and cash flows income for such fiscal year (which requirement shall be deemed satisfied by the delivery of Borrower’s Annual Report on Form 10-K (or any successor form) for such year) and (b3) a report with respect to the financial statements received pursuant to this Subsection 4.6(B) from PricewaterhouseCoopers KPMG LLP or another firm of independent certified public accountants of recognized national standing selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "Statement"), as amended, entitled "Reports on Audited Financial Statements" and such report shall be without any material qualification or exception as to the scope of such audit or any "going concern" qualification.. Credit Agreement/Shenandoah Telecommunications Company

Appears in 1 contract

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/)

Year-End Financials. As soon as available and in any event no later than within ninety (90) days (or if Holdings files an extension with the earlier to occur of Securities & Exchange Commission, one hundred and five (i105) 10 days after the date days; PROVIDED, that Borrower is or would be required to file Borrower’s annual report with the SEC as part of Borrower’s periodic reporting has given Agent a written explanation, within ninety (whether or not Borrower is subject to such reporting requirements), and (ii90) 100 days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each fiscal year Fiscal Year of BorrowerHoldings, Borrower will deliver deliver (a1) the consolidated and consolidating balance sheets of Borrower Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ stockholders' equity and cash flows flow for such fiscal year Fiscal Year, (which requirement shall be deemed satisfied by 2) a schedule of the delivery outstanding Indebtedness for borrowed money of Borrower’s Annual Report on Form 10-K (Holdings and its Subsidiaries describing in reasonable detail each such debt issue or any successor form) for loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such year) debt issue or loan and (b3) a report with respect to the financial statements received pursuant to this Subsection consolidated Financial Statements from PricewaterhouseCoopers LLP or another a firm of independent certified public accountants of recognized national standing Certified Public Accountants selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”), as amended, entitled “"STATEMENT") "Reports on Audited Financial Statements" and such report shall be without any material qualification or exception "Unqualified" (as to the scope of such audit or any “going concern” qualificationterm is defined in such Statement).

Appears in 1 contract

Samples: Second Lien Credit Agreement (Primedex Health Systems Inc)

Year-End Financials. As soon as available and in any event no later than the earlier to occur of (i) 10 days after the date that Borrower is or would be required to file Borrower’s annual report with the SEC as part of Borrower’s periodic reporting (whether or not Borrower is subject to such reporting requirements), and (ii) 100 days after the end of each fiscal year of Borrower, Borrower will deliver (a1) consolidated and consolidating balance sheets of Borrower and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ equity and cash flows for such fiscal year (which requirement shall be deemed satisfied by the delivery of Borrower’s Annual Report on Form 10-K (or any successor form) for such year), (2) consolidating balance sheets of Borrower and its Subsidiaries, as at the end of such year, and the related consolidating statements of income for such fiscal year and (b3) a report with respect to the financial statements received pursuant to this Subsection 4.6(B) from PricewaterhouseCoopers KPMG LLP or another firm of independent certified public accountants of recognized national standing selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”), as amended, entitled “Reports on Audited Financial Statements” and such report shall be without any material qualification or exception as to the scope of such audit or any “going concern” qualification.

Appears in 1 contract

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/)

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Year-End Financials. As soon as available and in any event no later than the earlier to occur of (i) 10 days after the date that Borrower is or would be required to file Borrower’s annual report with the SEC as part of Borrower’s periodic reporting (whether or not the Borrower is subject to such reporting requirements), and (ii) 100 days after the end of each fiscal year of Borrower, the Borrower will deliver (a) consolidated and consolidating balance sheets of the Borrower and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ equity and cash flows for such fiscal year (which requirement shall be deemed satisfied by the delivery of the Borrower’s Annual Report on Form 10-K (or any successor form) for such year) and (b) a report with respect to the financial statements received pursuant to this Subsection from PricewaterhouseCoopers LLP or another firm of independent certified public accountants of recognized national standing selected by the Borrower and reasonably acceptable to the Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”), as amended, entitled “Reports on Audited Financial Statements” and such report shall be without any material qualification or exception as to the scope of such audit or any “going concern” qualification.

Appears in 1 contract

Samples: Credit Agreement (Atlantic Tele Network Inc /De)

Year-End Financials. As soon as available and in any event no later than within ninety (90) days (or if Holdings files an extension with the earlier to occur of Securities & Exchange Commission, one hundred and five (i105) 10 days after the date days; PROVIDED, that Borrower is or would be required to file Borrower’s annual report with the SEC as part of Borrower’s periodic reporting has given Agent a written explanation within ninety (whether or not Borrower is subject to such reporting requirements), and (ii90) 100 days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each fiscal year Fiscal Year of BorrowerHoldings, Borrower will deliver deliver (a1) the consolidated and consolidating balance sheets of Borrower Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ stockholders' equity and cash flows flow for such fiscal year Fiscal Year, (which requirement shall be deemed satisfied by 2) a schedule of the delivery outstanding Indebtedness for borrowed money of Borrower’s Annual Report on Form 10-K (Holdings and its Subsidiaries describing in reasonable detail each such debt issue or any successor form) for loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such year) debt issue or loan and (b3) a report with respect to the financial statements received pursuant to this Subsection consolidated Financial Statements from PricewaterhouseCoopers LLP or another a firm of independent certified public accountants of recognized national standing Certified Public Accountants selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”), as amended, entitled “"STATEMENT") "Reports on Audited Financial Statements" and such report shall be without any material qualification or exception "Unqualified" (as to the scope of such audit or any “going concern” qualificationterm is defined in such Statement).

Appears in 1 contract

Samples: Credit Agreement (Primedex Health Systems Inc)

Year-End Financials. As soon as available and in any event no later than within ninety (90) days (or if Holdings files an extension with the earlier to occur of Securities & Exchange Commission, one hundred and five (i105) 10 days after the date days; PROVIDED, that Borrower is or would be required to file Borrower’s annual report with the SEC as part of Borrower’s periodic reporting has given Agent a written explanation within ninety (whether or not Borrower is subject to such reporting requirements), and (ii90) 100 days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each fiscal year Fiscal Year of BorrowerHoldings, Borrower will deliver (a1) the consolidated and consolidating balance sheets of Borrower Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, shareholders’ stockholders' equity and cash flows flow for such fiscal year Fiscal Year, (which requirement shall be deemed satisfied by 2) a schedule of the delivery outstanding Indebtedness for borrowed money of Borrower’s Annual Report on Form 10-K (Holdings and its Subsidiaries describing in reasonable detail each such debt issue or any successor form) for loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such year) debt issue or loan and (b3) a report with respect to the financial statements received pursuant to this Subsection consolidated Financial Statements from PricewaterhouseCoopers LLP or another a firm of independent certified public accountants of recognized national standing Certified Public Accountants selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”), as amended, entitled “"STATEMENT") "Reports on Audited Financial Statements" and such report shall be without any material qualification or exception "Unqualified" (as to the scope of such audit or any “going concern” qualificationterm is defined in such Statement).

Appears in 1 contract

Samples: Credit Agreement (RadNet, Inc.)

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