Audited Statements Clause Samples

Audited Statements. At any time prior to the Closing Date, to the extent required by law or in the commercially reasonable opinion of Purchaser’s attorneys or public accountants, Purchaser and its independent auditors shall have determined that they can prepare, or have prepared, at a reasonable cost, any and all audited financial statements of Seller and/or the Business of Seller that are necessary to comply fully with any and all securities laws given Purchaser’ status as a publicly-traded company (NASDAQ:▇▇▇▇).

Audited Statements. The consolidated balance sheet of Borrower and its Subsidiaries and the related consolidated statements of operations, stockholders’ or, as applicable, members’ equity and cash flows for the Fiscal Year then ended, in each case reported on in the case of consolidated financials by an independent certified public accounting firm of national standing acceptable to Agent, copies of which have been delivered to Agent from time to time pursuant to the terms of this Agreement, fairly present in all material respects, in conformity with GAAP, the consolidated financial position of Borrower and its Subsidiaries as of such date and the consolidated results of operations, changes in stockholders’ or, as applicable, members’ equity and cash flows for such period.

Audited Statements. As soon as reasonably practicable after the date hereof, Seller shall engage (pursuant to an engagement letter reasonably acceptable to each of Purchaser and Seller) an accounting firm that is certified by the Public Company Accounting Oversight Board and mutually agreed by Purchaser and Seller (the “Audit Firm”) to prepare, and Seller shall deliver to Purchaser as soon as reasonably practicable after the date hereof, the financial statements required for Purchaser to comply with 17 CFR §210.3-05 (such financial statements, the “Audited Statements”). Seller and Purchaser shall share equally all costs and documented expenses incurred by the Audit Firm in connection with the preparation of the Audited Statements. Seller shall keep Purchaser apprised of the Audit Firm’s progress in preparing the Audited Statements. If on the date that, but for this Section 5.18, the Closing would otherwise occur, either Purchaser or Seller reasonably believes that the Audited Statements will not be completed within sixty (60) days of such date, then the Closing Date shall not occur until the Parties mutually agree that the Audited Statements are expected to be completed within sixty (60) days of such later time.

Audited Statements. The consolidated balance sheet of Holdings and its Consolidated Subsidiaries as of December 31, 2006 and the related consolidated statements of operations, stockholders’ equity (or comparable calculation, if such Person is not a corporation) and cash flows for the fiscal year then ended, reported on by Deloitte & Touche, copies of which have been delivered to Lenders, fairly present in all material respects, in conformity with GAAP, the consolidated financial position of Holdings and its Consolidated Subsidiaries as of such date and their consolidated results of operations, changes in stockholders’ equity (or comparable calculation) and cash flows for such period.

Audited Statements. 6.4(b) Average Working Capital................................................2.2(b) Business...............................................................4.4(d) Cause..................................................................6.8(d) CBAs..................................................................4.17(a) ▇▇▇▇▇▇▇ County Arrangements........................................11.3(a)(v) Cleanup............................................................11.3(a)(v) Closing...................................................................3.1

Audited Statements. ▇▇▇▇▇▇▇ shall provide an annual operating statement, showing the amount of the annual gross sales, as herein defined, together with credit and allowance accounts for the preceding fiscal year. ▇▇▇▇▇▇▇ shall provide the audited statements to the District within ninety (90) days after the end of its fiscal year.

Audited Statements. As soon as practicable and in any event within one hundred twenty (120) days after the close of each fiscal year of the Borrower, the Borrower shall deliver to each Lender an audited balance sheet, income statement, statement of shareholders' equity, and statement of cash flows of the Borrower and its Subsidiaries, on a Consolidated basis, as at the end of and for the fiscal year just closed, setting forth the corresponding figures for the previous fiscal year in comparative form, all in reasonable detail, and certified (without any qualification, modification or exception) by Deloitte & Touche LLP or other independent certified public accountants selected by the Borrower and reasonably satisfactory to the Agent. Notwithstanding the foregoing, for the fiscal year ended December 31, 1999, the Borrower shall deliver audited financial statements only for the period beginning on the Closing Date and shall deliver management-prepared statements for the entire fiscal year.

Audited Statements. CLTS shall have an audited statement prepared by its auditors for each year in which the BO NSR is payable by the 30th of June in the following year and CLTS shall deliver a copy of this statement to BO.

Audited Statements. As soon as available and in any event within 90 days after the end of each fiscal year of Parent, a consolidated balance sheet of Parent and its consolidated Subsidiaries as of the end of such fiscal year and the related consolidated statements of operations, cash flows and common shareholders' equity for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, with such consolidated financial statements audited by independent public accountants of nationally recognized standing acceptable to Agent, which such report shall be without qualifications other than qualifications acceptable to all Lenders, together with a certificate from such accountant to the effect that, in making the examination necessary for the signing of such annual report by such accountants, they have not become aware of any Default or Event of Default that has occurred and is