Borrower Audited Financial Statements definition

Borrower Audited Financial Statements means the audited consolidated balance sheet of the Borrower and its Subsidiaries (but not including the Company and its Subsidiaries) for the fiscal years ended December 31, 2012, December 31, 2013 and December 31, 2014, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for such fiscal year of the Borrower and its Subsidiaries, including the notes thereto.

Borrower Audited Financial Statements has the meaning assigned to such term in Section 4.01(h)(i).

Borrower Audited Financial Statements is defined in Section 4.03.

Examples of Borrower Audited Financial Statements in a sentence

• Since the date of the Borrower Audited Financial Statements, no event has occurred which has had or could reasonably be expected to have a Material Adverse Effect.

• All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Borrower Audited Financial Statements, except as otherwise specifically prescribed herein.

• Neither the Borrower nor any of the other Loan Parties has any material contingent obligations not provided for or disclosed in the Borrower Audited Financial Statements or Borrower Unaudited Financial Statements or in any financial statements delivered hereafter in accordance with this Agreement.

• The Borrower Audited Financial Statements and the Borrower Unaudited Financial Statements, in each case present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its consolidated Subsidiaries for the periods covered thereby in accordance with GAAP, subject to year-end adjustments and the absence of footnotes in the case of the Borrower Unaudited Financial Statements.

• There has been no event or circumstance since the date of the U.S. Borrower Audited Financial Statements, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect.

More Definitions of Borrower Audited Financial Statements

Borrower Audited Financial Statements means the audited consolidated balance sheets of the Borrower and its Subsidiaries for the three fiscal years ended respectively January 1, 2011, December 31, 2011 and December 29, 2012, and the related consolidated statements of income or operations, stockholders’ equity and cash flows for such fiscal years of the Borrower and its Subsidiaries, including the notes thereto.

Borrower Audited Financial Statements means the Borrower’s consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended March 31, 2017, reported on by PricewaterhouseCoopers LLP, independent public accountants.

Borrower Audited Financial Statements means the audited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal year ended December 31, 2007, and the related audited consolidated statements of income or operations, shareholders’ equity and cash flows for such fiscal year of the Borrower and its Subsidiaries, including the notes thereto.

Borrower Audited Financial Statements means the Company’s consolidated balance sheet and statements of income, stakeholders’ equity and cash flows as of and for the fiscal year ended June 30, 2018, reported on by Deloitte & Touche LLP, independent public accountant.

Borrower Audited Financial Statements means the Company’s consolidated balance sheet and statements of income, stakeholders’ equity and cash flows as of and for the fiscal year ended June 30, 2018 2019 , reported on by Deloitte & Touche LLP, independent public accountant. “Borrower Unaudited Financial Statements ” means the Company’s consolidated balance sheet and statements of income, stockholders’ equity and cash flows as of and for the fiscal quarter and the portion of the fiscal year ended on or about March 31, 2018 2020 . “Borrowing ” means (a) Revolving Loans of the same Type, made, converted or continued on the same date and, in the case of Eurodollar Loans, as to which a single Interest Period is in effect or , (b) a Swingline Loan , (c) a Protective Advance, or (d) an Overadvance . “Borrowing Base” means, at any time, the sum of: (a) an amount equal to 85% of the Eligible Accounts of the Borrower and the Domestic Subsidiary Guarantors, plus (b) an amount equal to 50% of the Eligible Inventory of the Borrower and the Domestic Subsidiary Guarantors, at such time, valued at the lower of cost (determined on a first-in-first-out basis) or market value, minus (c)

Borrower Audited Financial Statements is defined in Section 5.

Borrower Audited Financial Statements has the meaning specified in Section 4.01(h)(i)7 of the Fifth Amendment.