Financial Statements and Information Sample Clauses

Financial Statements and Information. Furnish to the Agent each of the following: (a) as soon as available and in any event within ninety (90) days after the end of each fiscal year of the Credit Parties, Annual Audited Financial Statements of the Credit Parties and their Subsidiaries; (b) as soon as available and in any event within thirty (30) days after the end of each calendar month, Monthly Unaudited Financial Statements of the Credit Parties and their Subsidiaries; (c) concurrently with the financial statements provided for in Subsections 6.3(a) and 6.3(b) hereof, (1) an Officer’s Certificate, signed by a Responsible Officer of applicable Credit Party, and (2) if applicable, a written certificate in Proper Form, identifying each Subsidiary which is otherwise required by the provisions of Section 6.10 hereof to become a Guarantor at the request of the Agent, but which has not yet done so as of the date of such certificate, and providing an explanation of the reasons why each such Subsidiary is not a Guarantor, signed by a Responsible Officer of the applicable Credit Party; (d) as soon as available and in any event within five (5) Business Days after the date of issuance thereof (if any such audit report or management letter is ever issued), any (1) interim or special audit report made by independent accountants of the books of the Credit Parties or any of their Subsidiaries or (2) management letter prepared by the independent public accountants who reported on the financial statements provided for in Subsection 6.3(a) above, with respect to the internal audit and financial controls of the Credit Parties and their Subsidiaries; (e) as soon as available and in any event within thirty (30) days prior to the commencement of each fiscal year of the Credit Parties, management-prepared Consolidated financial projections of the Credit Parties and their Subsidiaries for the immediately following three (3) fiscal years (setting forth such projections on both an annual basis and on a monthly basis for the upcoming fiscal year and on an annual basis only for the two (2) fiscal years thereafter), such projections to be prepared and submitted in such format and detail as reasonably requested by the Agent; and (f) such other information relating to the financial condition, operations and business affairs of any Credit Party or any of its Subsidiaries as from time to time may be reasonably requested by the Agent.

Financial Statements and Information. 34 4.1. Reports and Notices............................................................................ 34 4.2. Communication with Accountants................................................................. 34

Financial Statements and Information. The Company will furnish to the Purchaser until all of the Obligations have been indefeasibly paid in full and no Notes are outstanding and the Termination Date has occurred (and, with respect to the documents and information referred to in subsections (a), (b)(i), (c)(i), (e), (f) and (g), so long as they shall hold any Warrants or any shares of Warrant Stock): (a) as soon as available and in any event within 30 days after the end of each month, copies of the consolidated and consolidating balance sheets of each of (i) the Parent and its Subsidiaries and (ii) the Parent and its Subsidiaries (other than the Restaurant Subsidiaries), in each case as of the end of such month and the related consolidated and consolidating statements of income for such month and for the portion of the fiscal year ended with the last day of such month, and stating in comparative form the corresponding figures from the consolidated budget for such period and the prior year, all Certified by the Chief Financial Officer of the Parent; (b) as soon as available and in any event within 45 days after the end of each quarterly accounting period (other than the fourth quarterly accounting period) in each fiscal year of the Parent, (i) copies of the consolidated and consolidating balance sheets of each of (i) the Parent and its Subsidiaries and (ii) the Parent and its Subsidiaries (other than the Restaurant Subsidiaries), in each case as of the end of such accounting period, together with, in each case, the related consolidated and consolidating statements of income, shareholders' equity and cash flows for such accounting period and for the portion of the fiscal year ended with the last day of such accounting period, all in reasonable detail and stating in comparative form (i) the consolidated and consolidating figures as of the end of and for the corresponding date and period in the previous fiscal year and (ii) the corresponding figures from the consolidated budget for such period, all Certified by the Chief Financial Officer of the Parent, and (ii) a written statement of the Chief Financial Officer of the Parent setting forth computations in reasonable detail showing whether or not as at the end of such fiscal quarter there existed any Default or Event of Default resulting from a breach or violation of any of Sections 10.1, 10.7, 10.10, 10.11 and 10.18 hereof; (c) as soon as available and in any event within 90 days after the end of each fiscal year of the Parent, (i) copies of the au...

Financial Statements and Information. Furnish to Agent and each Lender each of the following: (a) as soon as available and in any event within 120 days after the end of each applicable fiscal year, beginning with the fiscal year ending on December 31, 1997, Annual Financial Statements of Borrower; (b) as soon as available and in any event within 45 days after the end of each fiscal month (other than the March, June, September and December fiscal months), and as soon as available and in any event within 60 days after the end of each March, June, September and December fiscal month, Monthly Financial Statements of Borrower; (c) concurrently with the financial statements provided for in SUBSECTIONS 7.2(A) and (B) hereof, such schedules, computations and other information, in reasonable detail, as may be required by Agent to demonstrate compliance with the covenants set forth herein or reflecting any non-compliance therewith as of the applicable date, all certified and signed by the president, chief financial officer or treasurer of Borrower (or other authorized officer approved by Agent) as true and correct in all material respects to the best knowledge of such officer and, concurrently with the financial statements provided for in SUBSECTION 7.2(A) hereof and concurrently with the financial statements provided for in SUBSECTIONS 7.2(B) prepared as of each March 31, June 30, September 30 and December 31 commencing with the Monthly Financial Statement prepared as of December 31, 1997, a compliance certificate ("COMPLIANCE CERTIFICATE") in the form of EXHIBIT E hereto, duly executed by such authorized officer; (d) promptly upon their becoming publicly available, each financial statement, report, notice or definitive proxy statements sent by any Obligor to shareholders generally and each regular or periodic report and each registration statement or prospectus filed by any Obligor with any securities exchange or the Securities and Exchange Commission or any successor agency, and (e) such other financial projections and other information relating to the condition (financial or otherwise), operations or business of any Obligor as from time to time may be reasonably requested by Agent. Each delivery of a financial statement pursuant to this SECTION 7.2 shall constitute a restatement of the representations contained in the last two sentences of SECTION 6.2 with respect to the period of time from the date of such most recently delivered financial statements.

Financial Statements and Information. (a) In the event that any such information need not to be filed with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Borrower shall furnish to the Lender, on or before the thirtieth day after the close of each quarter of each fiscal year, the unaudited consolidated balance sheet of XOMA as at the close of such quarter and unaudited consolidated statement of operations and cash flows of XOMA for such quarter, duly certified by the chief financial officer of XOMA as having been prepared in accordance with GAAP. Concurrently with the delivery or filing of the documents described in the preceding sentence, the Borrower shall furnish to the Lender a certificate of the chief financial officer, chief accounting officer or treasurer of XOMA, which certificate shall (A) include a statement that such officer has no knowledge, except as specifically stated, of any condition, event or act which constitutes a Default or Event of Default and (B) set forth in reasonable detail the calculations necessary to demonstrate compliance with Section 10.08 on the date of such balance sheet. In the event that generally accepted accounting principles used in the preparation of such financial statements described in the first sentence above shall differ from GAAP, XOMA shall also provide, if necessary for the determination of compliance with Section 10.08, a statement of reconciliation conforming such financial statements to GAAP. (b) In the event that any such information need not be filed with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Exchange Act, the Borrower shall furnish to the Lender, on or before the forty-fifth day after the close of each fiscal year, XOMA’s audited financial statements as at the close of such fiscal year, including the consolidated balance sheet as at the end of such fiscal year and consolidated statement of operations and cash flows of XOMA for such fiscal year, in each case accompanied by the report thereon of independent registered public accountant of nationally recognized standing. Concurrently with the delivery or filing of the documents described in the preceding sentence, the Borrower shall furnish to the Lender a certificate of the chief financial officer, chief accounting officer or treasurer of XOMA, which certificate shall (A) include a statement that such officer has no knowledge, except as specifically stated, of any condition, event or act which constitutes a...

Financial Statements and Information. (i) While any of the Resorts Group Companies is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, Holdings shall provide the Holder with such annual reports and other information, documents and reports as are specified in Section 13 and 15(d) of the Exchange Act, such information, documents and reports to be so provided at the times specified for the filing of such information, documents and reports under such sections. (ii) If none of the Resorts Group Companies are subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, Holdings shall provide the Holder with such annual reports and other information, documents and reports as are required to be maintained by and/or filed with any Gaming Authority, such information, documents and reports to be so provided at the times specified by any Gaming Authority. (iii) If Holdings is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, Holdings shall deliver to Holder: (A) within 45 days after the end of the first three fiscal quarters of each Fiscal Year, (1) a copy of the unaudited balance sheets of Holdings as of the close of such quarter and related statements of income and cash flows for that portion of the Fiscal Year ending as of the close of such quarter, and (2) a copy of the unaudited statements of income of Holdings for such quarter, all prepared in accordance with GAAP (subject to normal year end adjustments) and accompanied by a certification of the chief executive officer or chief financial officer of Holdings that all such financial statements present fairly in accordance with GAAP (subject to normal year end adjustments) the financial position, the results of operations and the cash flows of Holdings as of the end of such quarter and for the portion of the Fiscal Year then ended, and that there was no Default or Event of Default in existence as of such time (or if any such Default or Event of Default then existed, describing the nature thereof and any action taken or proposed to be taken by the Company with respect thereto); (B) within 90 days after the close of each Fiscal Year, a copy of the annual audited financial statements of Holdings, consisting of a balance sheet and statements of income and retained earnings and cash flows, setting forth in comparative form in each case the figures for the previous Fiscal Year, which financial statements shall be prepared in accordance with GAAP, certified by a firm of ...

Financial Statements and Information. The Company will furnish to the Purchaser, until all of the Obligations have been indefeasibly paid in full and no Notes are outstanding and the Termination Date has occurred: (a) as soon as available and in any event within 30 days after the end of each month, copies of the consolidated and consolidating balance sheets of the Company as of the end of such month and the related consolidated and consolidating statements of income for such month and for the portion of the fiscal year ended with the last day of such month, and stating in comparative form the corresponding figures from the prior year, all Certified by the Chief Financial Officer of the Company; (b) as soon as available and in any event within 45 days after the end of each quarterly accounting period (other than the fourth quarterly accounting period) in each fiscal year of the Company, (i) copies of the consolidated and consolidating balance sheets of the Company, in each case as of the end of such accounting period, together with, in each case, the related consolidated and consolidating statements of income, shareholders' equity and cash flows for such accounting period and for the portion of the fiscal year ended with the last day of such accounting period, all in reasonable detail and stating in comparative form (i) the consolidated and consolidating figures as of the end of and for the corresponding date and period in the previous fiscal year and (ii) the corresponding figures from the consolidated budget of the Company and its Subsidiaries for such period, all Certified by the Chief Financial Officer of the Company, and (ii) a written statement of the Chief Financial Officer of the Company setting forth computations in reasonable detail showing whether or not as at the end of such fiscal quarter there existed any Default or Event of Default resulting from a breach or violation of Section 10.1; (c) as soon as available and in any event within 90 days after the end of each fiscal year of the Company, (i) copies of the audited consolidated and unaudited consolidating balance sheets of the Company, in each case as of the end of such fiscal year, together with, in each case, the related audited consolidated and unaudited consolidating statements of income, shareholders' equity and cash flows for such fiscal year, and the notes thereto, all in reasonable detail and stating in comparative form (i) the respective audited consolidated and unaudited consolidating figures as of the end of and for th...

Financial Statements and Information. The Borrower shall furnish or cause to be furnished to the Lender: (a) within 90 days after the end of each fiscal year: (i) a copy of the Borrower’s Annual Report on Form 10-K in respect of such fiscal year, together with the financial statements required to be attached thereto, which statements above shall be audited and reported on by the Accountants (without (x) a “going concern” or like qualification or exception, (y) any qualification or exception as to the scope of such audit or (z) any exception or qualification which relates to the treatment or classification of any item and which, as a condition to the removal of such qualification, would require an adjustment to such item, the effect of which would be to cause the Borrower to be in default of any of its obligations under Section 7.14 hereof (each, an “Impermissible Qualification”)) to the effect that such consolidated financial statements present fairly in all material respects the financial condition and results of operations of the Borrower and its consolidated Subsidiaries on a consolidated basis in accordance with GAAP consistently applied; and (ii) a copy of its unaudited consolidating balance sheet and related unaudited statements of income, stockholders’ equity and cash flows as of the end of and for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all certified by one of its Financial Officers as presenting fairly in all material respects the financial condition and results of operations of the Borrower and its consolidated Subsidiaries on a consolidating basis in accordance with GAAP consistently applied, subject to the absence of footnotes, together with a schedule of other financial information consisting of consolidating or combining details in columnar form with such consolidating Subsidiaries separately identified, in accordance with GAAP consistently applied; and (iii) a copy of the unaudited combined balance sheet and related unaudited statements of income, stockholders equity and cash flows with respect to all Domestic Subsidiaries as of the end of and for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all certified by one of the Borrower’s Financial Officers as presenting fairly in all material respects the financial conditions and results of operations of said Domestic Subsidiaries on a combining basis in accordance with GAAP consistently applied, subject to the absence of f...

Financial Statements and Information. Furnish to Agent fifteen (15) copies of each of the following: (a) as soon as available and in any event within 100 days after the end of each applicable fiscal year, beginning with the fiscal year ending on December 31, 2007, Annual Financial Statements of Borrower in the form filed with the Securities and Exchange Commission (publicly filing Borrower’s 10-K with the Securities and Exchange Commission, with respect to which notice shall have been provided to Agent and each Lender in any event will satisfy the requirements of the subsection and shall be deemed furnished and delivered on the date such information has been posted on the Securities and Exchange Commission website available through hxxx://xxx.xxx.xxx/xxxxx/searchedgar/webusers.htm or such successor webpage of the Securities and Exchange Commission); (b) as soon as available and in any event within 60 days after the end of each fiscal quarter, Quarterly Financial Statements of Borrower in the form filed with the SEC (publicly filing Borrower’s Form 10-Q with the Securities and Exchange Commission with respect to which notice shall have been provided to Agent and each Lender in any event will satisfy the requirements of this subsection and shall be deemed furnished and delivered on the date such information has been posted on the Securities and Exchange Commission website available through hxxx://xxx.xxx.xxx/xxxxx/searchedgar /webusers.htm or such successor webpage of the Securities and Exchange Commission); (c) concurrently with the financial statements provided for in Subsections 7.2(a) and (b) hereof, such schedules, computations and other information, in reasonable detail, as may be reasonably required by Agent to demonstrate compliance with the covenants set forth herein or reflecting any non-compliance therewith as of the applicable date, all certified and signed by the president, chief financial officer or treasurer of Borrower (or other authorized officer approved by Agent) as true and correct in all material respects to the best knowledge of such officer and, concurrently with the financial statements provided for in Subsections 7.2(a) and (b) hereof commencing with the Quarterly Financial Statement prepared as of March 31, 2007, a compliance certificate (“Compliance Certificate”) in the form of Exhibit E hereto, duly executed by such authorized officer; (d) as soon as available and in any event within 90 days after the end of each applicable fiscal year, beginning with the fiscal year ...

Financial Statements and Information. The consolidated historical financial statements of the Company, together with the related schedules and notes, included in the 1934 Act Reports present fairly, in all material respects, the respective consolidated financial positions of the Company and its consolidated subsidiaries at the respective dates indicated, and the consolidated statements of income, changes in stockholders' equity and cash flows of the Company and its consolidated subsidiaries for the respective periods specified; said financial statements have been prepared in conformity with generally accepted accounting principles in the United States applied on a consistent basis throughout the periods involved, except as disclosed in the notes to such financial statements; the supporting schedules, if any, included in the 1934 Act Reports present fairly, in all material respects, the information required to be stated therein and any pro forma financial statements and the related notes thereto included in the 1934 Act Reports present fairly the information shown therein, have been prepared in accordance with the Commission's rules and guidelines with respect to pro forma financial statements and have been properly compiled on the bases described therein, and the assumptions used in the preparation thereof are reasonable and the adjustments used therein are appropriate to give effect to the transactions and circumstances referred to therein.