Financial Statements and Forecasts Clause Samples

Financial Statements and Forecasts. Deliver to the Administrative Agent, in form and detail satisfactory to the Administrative Agent (which shall promptly make such information available to the Lenders in accordance with its customary practice):

Financial Statements and Forecasts. The Lenders shall have received (i) audited financial statements of the Borrower and its Subsidiaries for the Fiscal Year ending December 31, 2009 by Deloitte & Touche LLP, (ii) interim unaudited quarterly financial statements of the Borrower and its Subsidiaries through the fiscal quarter June 30, 2010 (or, if later, the most recent fiscal quarter for which the Borrower’s quarterly report to stockholders on form 10-Q has been filed with the SEC under the Securities Exchange Act of 1934, as amended) and (iii) the Borrower’s business plan (the “Business Plan”) which shall include annual financial forecasts for the year in which the Effective Date occurs through the year of the Scheduled Termination Date, prepared by the Borrower’s management, in each case, satisfactory to the Administrative Agent.

Financial Statements and Forecasts. The Administrative Agent shall have received (i) copies of the historical financial statements referred to in Section 5.05 and (ii) forecasted financial statements for the Company and its Subsidiaries, each in form and substance satisfactory to the Administrative Agent.

Financial Statements and Forecasts. The Lenders shall have received (i) audited consolidated financial statements of Borrower for the 2017 and 2018 Fiscal Years, (ii) unaudited interim consolidated financial statements of Borrower for each Fiscal Quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Administrative Agent, reflect any material adverse change in the consolidated financial condition of Borrower, as reflected in the audited, consolidated financial statements described in clause (i) of this paragraph and (iii) satisfactory Forecasts through 2020.

Financial Statements and Forecasts. (a) The projections for the Parent and its Subsidiaries for the period through January 31, 1997 heretofore submitted to the Agent and the Lenders represent the Parent's best estimate of the future financial performance of the Parent's and its Subsidiaries for the periods set forth therein. The foregoing projections have been prepared on the basis of the assumptions set forth therein, which the Borrower believes are fair and reasonable in light of current and reasonably foreseeable business conditions at the time submitted to the Agent and the Lenders. (b) The Borrower has delivered to the Agent and the Lenders on or prior to the date hereof the audited balance sheet and related statements of income and expense, retained earnings, changes in financial position, changes in stockholders equity and cash flow for the Parent and its Subsidiaries (and related footnotes), as of January 28, 1995 and for the Fiscal Year then ended, accompanied by the report thereon of Ernst & Young, the Parent's independent certified public accountants. The Parent has also delivered to the Agent and the Lenders the unaudited balance sheet and related statements of income and expense, retained earnings, changes in financial position, changes in stockholders equity and cash flow for the Parent and its Subsidiaries, as of September 30, 1995 and for the eight months then ended. Since the date of such unaudited financial statements, no material adverse change has occurred in the Borrower's business, operations, prospects, condition (financial or otherwise), performance or properties, except as set forth on Schedule 8.24 and other than those which customarily occur as a result of events following the commencement of a proceeding under Chapter 11 of the Bankruptcy Code and the commencement of the Chapter 11 Cases. All such financial statements have been prepared in accordance with GAAP and present fairly the Parent's financial position as at the dates thereof and its results of operations for the periods then ended.

Financial Statements and Forecasts. The Administrative Agent and the Lenders shall have received copies of (i) (x) the financial statements referred to in Section 5.05 and

Financial Statements and Forecasts. (a) The books of account and related records of NTC fairly reflect in reasonable detail its assets, liabilities and transactions in accordance with GAAP applied on a consistent basis. NTC has delivered to Parent the following financial statements (the "Financial Statements"): Statements of income, retained earnings and cash flows of NTC for the fiscal years ended December 31, 1995 through December 31, 1999, inclusive, and balance sheets of NTC as at each of such dates, and an unaudited statement of income of NTC for the three months ended March 31, 2000 and a balance sheet of NTC as at such date; (i) are correct and complete and in accordance with the books and records of NTC, (ii) fairly present the financial condition, assets and liabilities of NTC as at their respective dates and the results of operations and cash flows for the periods covered thereby and (iii) have been prepared in accordance with GAAP consistently applied, except for the absence of explanatory notes with respect to the March 31, 2000 Financial Statements. The Financial Statements referred to above (except for the March 31, 2000 Financial Statements) have been certified by NTC's Accountants. All references in this Agreement to the "Balance Sheet" shall mean the balance sheet of NTC as at December 31, 1999 included in the Financial Statements and all references to the "Balance Sheet Date" shall mean December 31, 1999.

Financial Statements and Forecasts. 69 8.7 Capitalization and Corporate Structure . . . . . . . . . 70 8.8

Financial Statements and Forecasts