Common use of Year-End Statements Clause in Contracts

Year-End Statements. As soon as available and in any event within five (5) days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, shareholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, be in the form required by the Securities Exchange Act and (a) certified by the chief accounting officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall be unqualified and who shall have authorized the Borrower to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event within five (5) 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 100 days after the end of each fiscal year of the BorrowerTrust), the audited consolidated balance sheet of the Borrower Trust and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsincome, changes in shareholders’ equity and cash flows of the Borrower Trust and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, shall be (a) in form and substance reasonably satisfactory to the extent applicableAgent, be in the form required by the Securities Exchange Act and (ab) certified by the chief accounting financial officer or chief financial accounting officer of the BorrowerTrust, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Trust and its Subsidiaries as at the date thereof and the result results of operations for such period and (bc) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agentstanding, whose report certificate shall be unqualified without a “going concern” or like qualification or exception, or a qualification arising out of the scope of the audit, and who shall have authorized the Borrower Trust to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant Lenders; provided, however, the Borrowers shall not be required to deliver an item required under this AgreementSection if such item is contained in a Form 10-K filed by the Trust with the Securities and Exchange Commission (or any Governmental Authority substituted therefor) and is publicly available to the Agent and the Lenders.

Year-End Statements. As soon as available Unless such financial statement is publicly available, free of charge from the Securities and in any event within Exchange Commission on the internet at xxxx://xxx.xxx.xxx, not later than five (5) days after following the same is required to be filed filing of the Borrower’s Form 10-K with the Securities and Exchange Commission (for each fiscal year of the Borrower, but in no any event later than 95 within one hundred twenty (120) days after the end of each such fiscal year of the Borrower)year, the Borrower shall provide annual audited consolidated financial statements (including a consolidated balance sheet sheet, income statement, statement of cash flows and statement of stockholders equity) of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, shareholderscomprehensive income, and stockholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, financial statements shall be in the form required certified by the Securities Exchange Act and (a) certified by the chief accounting executive officer or the chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period period, and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP Ernst & Young LLP, or any other independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent, whose report certificate shall be unqualified and who shall have be the Person who authorized the Borrower to deliver such financial statements and report thereon certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available (and in any event within five ninety (590) days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 days after the end of each fiscal year of the BorrowerBorrower or, if earlier, on the date of any required public filing thereof), the audited consolidated balance sheet of the Borrower UHG and its Subsidiaries as at the end of such fiscal year and the related consolidated audited consolidated statements of operations, shareholdersstockholders’ equity and cash flows of the Borrower UHG and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required by the Securities Exchange Act and (a) certified by the chief accounting executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower UHG and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx Forvis LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall not be unqualified and who shall have authorized subject to (i) any “going concern” or like qualification or exception or (ii) any qualification or exception as to the scope of such audit. At the request of Administrative Agent, the Borrower to deliver such financial statements and report thereon to will provide an unaudited balance sheet for GSH, Rosewood and/or any other Borrower as at the Administrative Agent end of the applicable fiscal year and the Lenders pursuant to this Agreementrelated unaudited statements of operations, stockholders’ equity and cash flows of GSH, Rosewood and/or any other Borrower for such period, setting forth in each case in comparative form the figures as of the end of and for the previous fiscal year.

Year-End Statements. As soon as available and in any event within five (5) 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 100 days after the end of each fiscal year of the BorrowerTrust), the audited consolidated balance sheet of the Borrower Trust and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsincome, changes in shareholders’ equity and cash flows of the Borrower Trust and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, shall be (a) in form and substance reasonably satisfactory to the extent applicableAgent, be in the form required by the Securities Exchange Act and (ab) certified by the chief accounting financial officer or chief financial accounting officer of the BorrowerTrust, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Trust and its Subsidiaries as at the date thereof and the result results of operations for such period and (bc) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable standing, whose certificate shall be without a “going concern” or like qualification or exception (other than a qualification indicating that the Obligations under this Agreement have become current liabilities within the year prior to the Administrative Agentthen applicable Termination Date, whose report shall be unqualified as the case may be), or a qualification arising out of the scope of the audit, and who shall have authorized the Borrower Trust to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant Lenders; provided, however, the Borrower shall not be required to deliver an item required under this AgreementSection if such item is contained in a Form 10-K filed by the Trust with the Securities and Exchange Commission (or any Governmental Authority substituted therefor) and is publicly available to the Agent and the Lenders.

Year-End Statements. As soon as available and in any event within five (5) days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, shareholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, be in the form required by the Securities Exchange Act and (a) certified by the chief accounting officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx Xxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall be unqualified and who shall have authorized the Borrower to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event within five (5) 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsincome, shareholdersstockholders’ equity and cash flows of the Borrower and its consolidated Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required by the Securities Exchange Act and (a) certified by the chief accounting executive officer or chief financial officer of the Borrower or other financial officer of the Borrower who is a vice president or more senior officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx Ernst & Young LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall be unqualified and who shall have authorized the Borrower to deliver such financial statements in scope and report thereon substance satisfactory to the Administrative Agent and the Lenders pursuant to this AgreementRequisite Lenders.

Year-End Statements. As soon as available and in any event within five (5) 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsincome, shareholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required by the Securities Exchange Act and (a) in form and substance satisfactory to Agent, (b) certified by the chief accounting executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result results of operations for such period and (bc) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant to this AgreementLenders.

Year-End Statements. As soon as If not publicly available and in any event within five (5) days after the same is required to be filed with free of charge from the Securities and Exchange Commission on the internet at hxxx://xxx.xxx.xxx within ninety (but in no event later than 95 90) days after the end of each fiscal year of the Borrower), or if an extension has been granted by the Securities and Exchange Commission for the filing by the Borrower of its quarterly report on Form 10-K, then by the earlier of the date such Form 10-K is actually filed and the last day of such extended time period, but in no event later than one hundred twenty (120) days after the end of such fiscal year for which such Form 10-K is to be filed, the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, shareholderscomprehensive income, stockholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required certified by the Securities Exchange Act and (a) certified by the chief accounting officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx Ernst & Young LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative AgentRequisite Lenders, whose report certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and report thereon certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event within five (5) days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 days after the end of each fiscal year of the BorrowerBorrower commencing with the fiscal year of the Borrower ending December 31, 2011), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, shareholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, be in the form required by the Securities Exchange Act and (a) certified by the chief accounting officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx Xxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall be unqualified and who shall have authorized the Borrower to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as If not publicly available and in any event within five (5) days after the same is required to be filed with free of charge from the Securities and Exchange Commission on the internet at xxxx://xxx.xxx.xxx within ninety (but in no event later than 95 90) days after the end of each fiscal year of the Borrower), or if an extension has been granted by the Securities and Exchange Commission for the filing by the Borrower of its quarterly report on Form 10-K, then by the earlier of the date such Form 10-K is actually filed and the last day of such extended time period, but in no event later than one hundred twenty (120) days after the end of such fiscal year for which such Form 10-K is to be filed, the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, shareholderscomprehensive income, stockholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required certified by the Securities Exchange Act and (a) certified by the chief accounting officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx Ernst & Young LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative AgentRequisite Lenders, whose report certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and report thereon certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event or within five (5) 5 days after the same is date required to be filed with the Securities and Exchange Commission (but as part of Borrower’s periodic reporting and in no any event later than within 95 days after the end of each fiscal year of the Borrower), the audited consolidated and consolidating balance sheet sheets of the Borrower and its Consolidated Subsidiaries as at the end of such fiscal year and the related audited consolidated and (except in the case of the statement of changes in net assets) consolidating statements of operations, shareholders’ equity changes in net assets, and cash flows of the Borrower and its Consolidated Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required certified by the Securities Exchange Act and (a) certified by the chief accounting officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Consolidated Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative AgentRequisite Lenders, whose report opinion shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and report opinion thereon to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event within five (5) 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the Borrower, commencing with the fiscal year ending December 31, 2024), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsearnings, shareholdersstockholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required certified by the Securities Exchange Act and (a) certified by the chief accounting executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAPGAAP in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the result results of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and report thereon certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event within five (5) 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 100 days after the end of each fiscal year of the BorrowerTrust), the audited consolidated balance sheet of the Borrower Trust and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsincome, changes in shareholders’ equity and cash flows of the Borrower Trust and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, shall be (a) in form and substance reasonably satisfactory to the extent applicableAgent, be in the form required by the Securities Exchange Act and (ab) certified by the chief accounting financial officer or chief financial accounting officer of the BorrowerTrust, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Trust and its Subsidiaries as at the date thereof and the result results of operations for such period and (bc) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable standing, whose certificate shall be without a “going concern” or like qualification or exception (other than a qualification indicating that the Obligations under this Agreement have become current liabilities within the year prior to the Administrative Agentthen applicable Termination Date, whose report shall be unqualified as the case may be), or a qualification arising out of the scope of the audit, and who shall have authorized the Borrower Trust to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant Lenders; provided, however, the Borrowers shall not be required to deliver an item required under this AgreementSection if such item is contained in a Form 10-K filed by the Trust with the Securities and Exchange Commission (or any Governmental Authority substituted therefor) and is publicly available to the Agent and the Lenders.

Year-End Statements. As soon as available and in any event within five (5) days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower Borrower, the Parent Guarantor and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsoperations and comprehensive income, shareholders’ equity and cash flows of the Borrower Borrower, the Parent Guarantor and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, shall be in form and detail reasonably satisfactory to the extent applicable, Administrative Agent and shall be in the form required by the Securities Exchange Act and (a) certified by the chief accounting executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at of the date thereof and the result results of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall be unqualified and in scope and substance reasonably satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and report thereon to the Administrative Agent and the Lenders pursuant to this Agreement, provided that the Form 10-K filed with the SEC shall satisfy the requirements hereof.

Year-End Statements. As soon as available and in any event or within five (5) 5 days after the same is date required to be filed with the Securities and Exchange Commission (but as part of Borrower’s periodic reporting and in no any event later than within 95 days after the end of each fiscal year of the Borrower), the audited consolidated and consolidating balance sheet sheets of the Borrower and its Consolidated Subsidiaries as at the end of such fiscal year and the related audited consolidated and (except in the case of the statement of changes in net assets) consolidating statements of operations, shareholders’ equity changes in net assets, and cash flows of the Borrower and its Consolidated Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required certified by the Securities Exchange Act and (a) certified by the chief accounting officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Consolidated Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative AgentRequisite Lenders, whose report opinion shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and report opinion thereon to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available (and in any event within five ninety (590) days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 days after the end of each fiscal year of the BorrowerBorrower or, if earlier, on the date of any required public filing thereof), the audited consolidated balance sheet of the Borrower UHG and its Subsidiaries as at the end of such fiscal year and the related consolidated audited consolidated statements of operations, shareholdersstockholders’ equity and cash flows of the Borrower UHG and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall, to the extent applicable, shall be in the form required by the Securities Exchange Act and (a) certified by the chief accounting executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower UHG and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Xxxxx Xxxxxxxx Forvis LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall not be unqualified and who shall have authorized subject to (i) any “going concern” or like qualification or exception or (ii) any qualification or exception as to the scope of such audit. At the request of Administrative Agent, the Borrower to deliver such financial statements and report thereon to will provide an unaudited balance sheet for GSH as at the Administrative Agent end of the applicable fiscal year and the Lenders pursuant to this Agreementrelated unaudited statements of operations, stockholders’ equity and cash flows of GSH for such period, setting forth in each case in comparative form the figures as of the end of and for the previous fiscal year.