Common use of DELIVERY OF FINANCIAL STATEMENTS AND NO DEFAULT CERTIFICATE Clause in Contracts

DELIVERY OF FINANCIAL STATEMENTS AND NO DEFAULT CERTIFICATE. (a) Old Dominion will deliver to the Owner Participant, the Owner Trustee, the Facility Owner and, so long as the Loans are outstanding, the Agent and the Lenders, as soon as practicable and in any event within 120 days after the end of each fiscal year, an audited balance sheet of Old Dominion as at the end of such fiscal year and the related statements of revenue, expenses and patronage capital and cash flows for the year then ended, together with the report with respect thereto of Coopers & L▇▇▇▇▇▇ LLP or other independent public accountants reasonably acceptable to the Owner Trustee, the Facility Owner, the Owner Participant and, so long as the Loans are outstanding, the Agent, all in reasonable detail and prepared in accordance with GAAP on a consistent basis, and an Officer's Certificate of Old Dominion stating that (1) the signers have made, or caused to be made under their supervision, a review of this Agreement and the other Operative Documents to which it is then a party and (2) such review has not disclosed the existence during such fiscal year (and the signers do not have knowledge of the existence as of the date of such certificate) of any condition or event constituting an Event of Default or Event of Loss or, if any such condition or event existed or exists, specifying the nature thereof, the period of existence thereof and what action Old Dominion has taken or proposes to take with respect thereto. (b) Old Dominion will deliver to the Owner Participant, the Owner Trustee, the Facility Owner and, so long as the Loans are outstanding, the Agent and the Lenders, (i) as soon as reasonably practicable, and in any event within 60 days after the end of each fiscal quarter, a copy of the Form 10-Q filed by Old Dominion with the Securities and Exchange Commission or if not so filed, such other quarterly report as Old Dominion shall distribute to the holders of its publicly traded securities, and (ii) from time to time such other information concerning Old Dominion as such parties may reasonably request, to the extent such information is made available to the holders of Old Dominion's publicly traded first mortgage bonds or is filed by Old Dominion with the Securities and Exchange Commission or any other regulatory authority having jurisdiction over Old Dominion, other than information which is subject to a confidentiality, or similar, request.

DELIVERY OF FINANCIAL STATEMENTS AND NO DEFAULT CERTIFICATE. (a) Old Dominion will deliver to the Owner Participant, the Owner Trustee, the Facility Owner and, so long as the Loans are outstanding, the Agent and the Lenders, as soon as practicable and in any event within 120 days after the end of each fiscal year, an audited balance sheet of Old Dominion as at the end of such fiscal year and the related statements of revenue, expenses and patronage capital and cash flows for the year then ended, together with the report with respect thereto of Coopers & LLybrand LLP or other independe▇▇ ▇▇▇▇▇▇ LLP or other independent public ic accountants reasonably acceptable to the Owner Trustee, the Facility Owner, the Owner Participant and, so long as the Loans are outstanding, and the Agent, all in reasonable detail and prepared in accordance with GAAP on a consistent basis, and an Officer's Certificate of Old Dominion stating that (1) the signers have made, or caused to be made under their supervision, a review of this Agreement and the other Operative Documents to which it is then a party and (2) such review has not disclosed the existence during such fiscal year (and the signers do not have knowledge of the existence as of the date of such certificate) of any condition or event constituting an Event of Default or Event of Loss or, if any such condition or event existed or exists, specifying the nature thereof, the period of existence thereof and what action Old Dominion has taken or proposes to take with respect thereto. (b) Old Dominion will deliver to the Owner Participant, the Owner Trustee, the Facility Owner Trustee and, so long as the Loans are outstanding, the Agent and the Lenders, (i) as soon as reasonably practicable, and in any event within 60 days after the end of each fiscal quarter, a copy of the Form 10-Q filed by Old Dominion with the Securities and Exchange Commission or if not so filed, such other quarterly report as Old Dominion shall distribute to the holders of its publicly traded securitiesprepare, and (ii) from time to time such other information concerning Old Dominion as such parties may reasonably request, to the extent such information is made available to the holders of Old Dominion's publicly traded first mortgage bonds or is filed by Old Dominion with the Securities and Exchange Commission or any other regulatory authority having jurisdiction over Old Dominion, other than information which is subject to a confidentiality, or similar, request.