Borrower Financial Statements definition

Borrower Financial Statements has the meaning assigned to such term in Section 4.4(a).

Borrower Financial Statements means a statement of assets and liabilities of the Borrower, dated as of the Closing Date, which shall (a) demonstrate that, after giving effect to the transactions to be consummated on the Closing Date and the Funding Date, the Borrower will have no other assets other than Permitted Assets, and (b) contain a list of all Indebtedness, other liabilities and/or commitments of the Borrower that are individually in excess of $100,000 (other than Indebtedness, other liabilities and/or commitments arising under or evidenced by the Loan Documents), a description of the material terms of each item on such list (including the amount of any liability thereunder, whether contingent, direct or otherwise, the due date for each such liability, the total unfunded commitment, if any, and the rate of interest, if any, applicable thereto).

Borrower Financial Statements means a statement of assets and liabilities of the Borrower, dated as of the Closing Date, which shall (a) demonstrate that, after giving effect to the transactions to be consummated on the Closing Date and the Funding Date, the Borrower will have no other assets other than the Permitted Assets, and (b) contain a list of all Indebtedness, other liabilities and/or commitments of the Borrower that are individually in excess of $100,000 (other than Indebtedness, other liabilities and/or commitments arising under or evidenced by the Loan Documents), a description of the material terms of each item on such list (including the amount of any liability thereunder, whether contingent, direct or otherwise, the due date for each such liability, the total unfunded commitment, if any, and the rate of interest, if any, applicable thereto).

Examples of Borrower Financial Statements in a sentence

• The Borrower Financial Statements contain and reflect provisions for taxes, reserves and other liabilities of Borrower in accordance with GAAP and applicable banking regulations, rules, and guidelines, respectively.

• The Initial Borrower Financial Statements were prepared in accordance with GAAP.

• The Initial Borrower Financial Statements fairly present the Borrower’s Consolidated financial position at the date thereof, the Consolidated results of the Borrower’s operations for the periods thereof and the Borrower’s Consolidated cash flows for the period thereof.

• The Borrower Financial Statements contain and reflect provisions for taxes, reserves and other liabilities of Borrower in accordance with applicable banking regulations, rules and guidelines, respectively.

• The (a) Annual Borrower Financial Statements and (b) Quarterly Borrower Financial Statements, in each case, were prepared in accordance with GAAP applied on a consistent basis throughout the periods covered thereby, except, in the case of interim period financial statements, for the absence of notes and for normal year-end adjustments and except as otherwise noted therein.

More Definitions of Borrower Financial Statements

Borrower Financial Statements means the unaudited consolidated financial statements of the Borrower and its Subsidiaries, in form and a substance reasonably acceptable to the Agent and the Lenders, as at and for the nine-month period ended September 30, 2020 furnished to the Agent and the Lenders on December 15, 2020.

Borrower Financial Statements has the meaning assigned to such term in Section 7.04(a).

Borrower Financial Statements means the financial statements required to be delivered by the Borrower described in Section 9.1.5(a)(i) of the Agreement.

Borrower Financial Statements as defined in Section 4.11(a).

Borrower Financial Statements means the financial statements of Borrower delivered pursuant to Section 5.01.

Borrower Financial Statements means (a) the audited consolidated balance sheet of the Borrower as at December 31, 2015, and the related consolidated statements of results of operations and cash flows of the Borrower for the fiscal year then ended, accompanied by an opinion of Ernst & Young LLP, independent public accountants and (b) the unaudited consolidated balance sheet of the Borrower as at June 30, 2016, and the related consolidated statement of results of operations and cash flows of the Borrower for the six months then ended duly certified by a Responsible Officer of the Borrower.

Borrower Financial Statements means the consolidated financial statements of the Borrower dated December 31, 2021 (audited).