ACCOUNTING RECORDS, REPORTS AND FINANCIAL STATEMENTS. Furnish to the Agent: (a) Within one hundred and five (105) days after the end of each fiscal year, IGC's Form 10-K filed with the Securities and Exchange Commission for that year, including consolidated financial statements of IGC and the other Borrowers. Such financial statements shall present fairly the consolidated financial position of IGC and the other Borrowers as of the close of such year and the results of its operations and changes in its financial position during such year, in accordance with GAAP, and shall be audited and accompanied by the unqualified opinion of an independent public accountant acceptable to the Banks. With each Form 10-K delivered to the Banks, the Borrowers shall, upon request by the Agent, supply, as supplemental information, unaudited consolidating financial statements of the Borrowers used in the preparation of such Form 10-K; (b) Within sixty (60) days after the end of each fiscal quarter, IGC's Form 10-Q filed with the Securities and Exchange Commission for that quarter, including unaudited consolidated financial statements of IGC and the other Borrowers. Such financial statements shall present fairly the financial position of the Borrowers as of the end of such quarter and the results of their operations and changes in their financial position during each quarter in accordance with GAAP. With each Form 10-Q delivered to the Banks, IGC, on behalf of all Borrowers, shall, upon request by the Agent, supply, as supplemental information, consolidating financial statements of the Borrowers used in the preparation of such Form 10-Q; (c) With reasonable promptness, and when reasonably requested by the Banks unless any Borrower's compliance with such request would conflict with any law, regulation or contractual obligation applicable to such Borrower, copies of all financial reports, statements and returns which each Borrower shall file with any federal or state department, commission, board, bureau, agency or instrumentality and any report, statement or return delivered by any Borrower to any supplier or other creditor which is material to that Borrower's operations or financial condition; (d) Within sixty (60) days after the end of each fiscal quarter, a complete and fully-executed Covenant Compliance Certificate; and (e) All such other documents and information as may be reasonably requested by the Banks, within thirty (30) days following any such request by the Banks.
Appears in 1 contract
Sources: Loan and Agency Agreement (Intermagnetics General Corp)
ACCOUNTING RECORDS, REPORTS AND FINANCIAL STATEMENTS. Furnish to the Agent:
(a) Within one hundred and five (105) days after the end of each fiscal year, IGC's Form 10-K filed with the Securities and Exchange Commission for that year, including consolidated financial statements of IGC and the other Borrowers. Such financial statements shall present fairly the consolidated financial position of IGC and the other Borrowers as of the close of such year and the results of its operations and changes in its financial position during such year, in accordance with GAAP, and shall be audited and accompanied by the unqualified opinion of an independent public accountant acceptable to the Banks. With each Form 10-K delivered to the Banks, the Borrowers shall, upon request by the Agent, supply, as supplemental information, unaudited consolidating financial statements of the Borrowers used in the preparation of such Form 10-K;
(b) Within sixty (60) days after the end of each fiscal quarter, IGC's Form 10-Q filed with the Securities and Exchange Commission for that quarter, including unaudited consolidated financial statements of IGC and the other Borrowers. Such financial statements shall present fairly the financial position of the Borrowers as of the end of such quarter and the results of their operations and changes in their financial position during each quarter in accordance with GAAP. With each Form 10-Q delivered to the Banks, IGC, on behalf of all Borrowers, shall, upon request by the Agent, supply, as supplemental information, consolidating financial statements of the Borrowers used in the preparation of such Form 10-Q;
(c) With reasonable promptness, and when reasonably requested by the Banks unless any Borrower's compliance with such request would conflict with any law, regulation or contractual obligation applicable to such Borrower, copies of all financial reports, statements and returns which each Borrower shall file with any federal or state department, commission, board, bureau, agency or instrumentality and any report, statement or return delivered by any Borrower to any supplier or other creditor which is material to that Borrower's operations or financial condition;
(d) Within sixty (60) days after the end of each fiscal quarter, a complete and fully-executed Covenant Compliance Certificate;
(e) With reasonable promptness but in any event within ten (10) days after the filing by any Borrower of a Form 8-K with the Securities and Exchange Commission, a copy of any such filing; and
(ef) All such other documents and information as may be reasonably requested by the Banks, within thirty (30) days following any such request by the Banks.
Appears in 1 contract
Sources: Loan and Agency Agreement (Intermagnetics General Corp)