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 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 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 (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 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 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 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) 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 120 days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent 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 Parent 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, chief financial officer or chief financial accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Parent, the Borrower and its other 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 an Approved Accounting Firm, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent, whose report shall be unqualified Agent 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; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.