Financial Statements, Certificates and Information Sample Clauses

Financial Statements, Certificates and Information. The Borrower will deliver to each of the Banks: (a) as soon as practicable, but in any event not later than ninety (90) days after the end of each fiscal year of the Borrower, the consolidated balance sheet of the Borrower and its Subsidiaries and the consolidating balance sheet of the Borrower and its Subsidiaries, each as at the end of such year, and the related consolidated statement of income and consolidated statement of cash flow and consolidating statement of income and consolidating statement of cash flow for such year, each setting forth in comparative form the figures for the previous fiscal year and all such consolidated and consolidating statements to be in reasonable detail, prepared in accordance with generally accepted accounting principles, and certified without qualification by Arth▇▇ ▇▇▇e▇▇▇▇ ▇▇▇ or by other independent certified public accountants satisfactory to the Agent, together with a written statement from such accountants to the effect that they have read a copy of this Credit Agreement, and that, in making the examination necessary to said certification, they have obtained no knowledge of any Default or Event of Default, or, if such accountants shall have obtained knowledge of any then existing Default or Event of Default they shall disclose in such statement any such Default or Event of Default; PROVIDED that such accountants shall not be liable to the Banks for failure to obtain knowledge of any Default or Event of Default; (b) as soon as practicable, but in any event not later than forty-five (45) days after the end of each of the fiscal quarters of the Borrower, copies of the unaudited consolidated balance sheet of the Borrower and its Subsidiaries and the unaudited consolidating balance sheet of the Borrower and its Subsidiaries, each as at the end of such quarter, and the related consolidated statement of income and consolidated statement of cash flow and consolidating statement of income and consolidating statement of cash flow for the portion of the Borrower's fiscal year then elapsed, all in reasonable detail and prepared in accordance with generally accepted accounting principles, together with a certification by the principal financial or accounting officer of the Borrower that the information contained in such financial statements fairly presents the financial position of the Borrower and its Subsidiaries on the date thereof (subject to year-end adjustments); (c) simultaneously with the delivery of the financial state...

Financial Statements, Certificates and Information. Ryder will deliver to each of the Banks, the Issuing Bank and the Agents: (a) as soon as practicable, but, in any event not later than one hundred twenty (120) days after the end of each fiscal year of Ryder, the consolidated balance sheet of Ryder and its Consolidated Subsidiaries as at the end of such year, and the consolidated statements of income and cash flows for Ryder and its Consolidated Subsidiaries for the fiscal year then ended, each setting forth in comparative form the figures for the previous fiscal year, all such consolidated financial statements to be in reasonable detail, prepared, in accordance with GAAP audited and accompanied by a report and opinion of independent certified public accountants of nationally recognized standing selected by Ryder, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” or like qualification or exception or any qualification or exception as to the scope of such audit. In addition, within one hundred twenty (120) days of the end of each such fiscal year, Ryder shall provide the Banks with a written statement from such accountants to the effect that they have read a copy of this Agreement, and that, in making the examination necessary to said certification, they have obtained no knowledge of any Default or Event of Default, or, if such accountants shall have obtained knowledge of any then existing Default or Event of Default they shall disclose in such statement any such Default or Event of Default; provided that such accountants shall not be liable to the Banks for failure to obtain knowledge of any Default or Event of Default; (b) as soon as practicable, but in any event not later than sixty (60) days after the end of each of the first three fiscal quarters of each fiscal year of Ryder, copies of the consolidated balance sheets of Ryder and its Consolidated Subsidiaries as at the end of such quarter, and the related consolidated statements of income and cash flows for the portion of the fiscal year then ended, all in reasonable detail and prepared in accordance with GAAP (to the extent GAAP is applicable to interim unaudited financial statements) with a certification by the principal financial officer of Ryder that the consolidated financial statements are prepared in accordance with GAAP (to the extent GAAP is applicable to interim unaudited financial statements) and fairly present the consolidated financial conditi...

Financial Statements, Certificates and Information. The Borrowers will deliver to each of the Agent, Canadian Agent and the Lenders: (a) as soon as practicable, but in any event not later than ninety-five (95) days after the end of each fiscal year of Zale, (i) the consolidated balance sheet of Zale and its Subsidiaries as at the end of such year, and the related consolidated statement of income and consolidated statement of cash flow for such year, each setting forth in comparative form the figures as of the end of and for the previous fiscal year, all such consolidated statements to be in reasonable detail, prepared in accordance with generally accepted accounting principles, and each of such financial statements certified without qualification by Arth▇▇ ▇▇▇e▇▇▇▇ ▇▇▇ or by other independent certified public accountants reasonably satisfactory to the Agent, and (ii) the annual 10-K reports of Zale filed with the Securities and Exchange Commission; and (iii) a certification by a Senior Officer of Zale setting forth the rating of the Rated Debt; (b) as soon as practicable, but in any event not later than fifty (50) days after the end of each of the first three fiscal quarters of each fiscal year of Zale, (i) copies of the unaudited consolidated balance sheet of Zale and its Subsidiaries as at the end of such quarter, and the related consolidated statement of income for such quarter and for the portion of Zale's fiscal year then elapsed, and the related consolidated statement of cash flow for the portion of Zale's fiscal year then elapsed, all in reasonable detail and prepared in accordance with generally accepted accounting principles (subject to year-end adjustments and except for the absence of notes), (ii) a certification by a Senior Officer of each of the Borrowers that the information contained in such management financial statements fairly presents in all material respect the financial position of Zale and its Subsidiaries on the date thereof (subject to year-end adjustments), (iii) a narrative discussion of the operating results of the Borrowers and each of their divisions for the fiscal quarter most recently ended and the year to date, as compared with the comparable period of the previous year, and of the Borrowers' liquidity and capital resources at the end of such period, and (iv) the quarterly 10-Q reports of Zale filed with the Securities and Exchange Commission; (i) simultaneously with the delivery of the management prepared financial statements referred to in subsection (b) above, a variance r...

Financial Statements, Certificates and Information. Borrower will deliver or cause to be delivered to Lender: (a) as soon as practicable, but in any event not later than ninety (90) days after the end of each fiscal year of Borrower, the unaudited balance sheet of each of Borrower, Owner and the Guarantors at the end of such year, and the related unaudited statement of income, statement of changes in capital and statement of cash flows for such year, each setting forth in comparative form the figures for the previous fiscal year and all such statements to be in reasonable detail, prepared in accordance with generally accepted accounting principles, together with a certification by the principal financial or accounting officer of Borrower, Owner and by the Guarantors, respectively, that the information contained in such financial statements fairly presents the financial position of Borrower, Owner and the Guarantors, respectively, on the date thereof (subject to year end adjustments); (b) as soon as practicable, but in any event not later than thirty (30) days after the end of each month, (i) copies of the unaudited balance sheet of Borrower and Owner as at the end of such month, and the related unaudited statement of income for the portion of Borrower’s and Owner’s fiscal year then elapsed, all in reasonable detail and prepared in accordance with generally accepted accounting principles, together with a certification by the principal financial or accounting officer of Borrower and Owner that the information contained in such financial statements fairly presents the financial position of Borrower and Owner on the date thereof (subject to year end adjustments); (ii) an operating statement for the Project for such month and year to date; (iii) copies of Borrower’s and Owner’s bank statements for the Reserve Account and a summary describing any payments made from such account during the prior month; (iv) a current certified rent roll for the Project; and (v) after the last quarter of each year, a detailed statement of all income and expenses for the Project for such year; (c) as soon as practicable, but in any event not later than thirty (30) days after the end of each of the first three (3) fiscal quarters of Borrower and Owner copies of the unaudited balance sheets of Borrower and Owner as at the end of such quarter, and the related unaudited statement of income, statement of changes in capital and statement of cash flows for the portion of Borrower’s and Owner’s fiscal year then elapsed, all in reasonable de...

Financial Statements, Certificates and Information. ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ will deliver to each of the Lenders: (a) as soon as practicable, but in any event not later than one hundred five (105) days after the end of each fiscal year of Holdings, the consolidated balance sheet of Holdings and its Subsidiaries as at the end of such year, and the related consolidated statement of income and consolidated statement of cash flow for such year, each setting forth in comparative form the figures for the previous fiscal year and all such consolidated statements to be in reasonable detail, prepared in accordance with Generally Accepted Accounting Principles, and as to the consolidated statements certified without qualification by Deloitte & Touche LLP or by other independent certified public accountants satisfactory to the Agent; (b) as soon as practicable, but in any event within thirty (30) days after the end of each month in each fiscal year of Holdings, unaudited monthly consolidated financial statements of Holdings and its Subsidiaries for such month, each prepared in accordance with Generally Accepted Accounting Principles, and each including a comparison of the current figures with the figures contained in the Borrowers' business plan for such period, together with a certification by the principal financial or accounting officer of Holdings that the information contained in such financial statements fairly presents the financial condition of Holdings and its Subsidiaries on the date thereof (subject to year-end adjustments), provided that for the months of March, June, September and December, the above described financial statements shall be delivered within 45 days of the end of such month; (c) simultaneously with the delivery of the financial statements referred to in subsections (a) and (b) (with respect to the end of each calendar quarter) above, a statement certified by the principal financial or accounting officer of Holdings in substantially the form of Exhibit G hereto and setting forth in reasonable detail computations evidencing compliance with the covenants contained in Section 12 and (if applicable) reconciliations to reflect changes in Generally Accepted Accounting Principles since the Balance Sheet Date; (d) contemporaneously with the filing or mailing thereof, copies of all material of a financial nature filed with the Securities and Exchange Commission or sent to the stockholders of Holdings; and (e) from time to time such other financial data and information (including accountants' management letter...

Financial Statements, Certificates and Information. The Borrower and the Guarantors will deliver or cause to be delivered to each of the Banks: (a) as soon as practicable, but in any event not later than one hundred (100) days after the end of each calendar year, the unaudited balance sheet of the Subsidiary Property Owners and the audited balance sheet of Borrower and the Trust, respectively, at the end of such year, and the related unaudited statements (as to the Subsidiary Property Owners) and audited statements as to Borrower and Trust of income, changes in shareholder’s equity and cash flows for such year, each setting forth in comparative form the figures for the previous fiscal year and all such statements to be in reasonable detail, prepared in accordance with GAAP, and accompanied as to the Subsidiary Property Owners by a certification by the principal financial or accounting officer of the Subsidiary Property Owners that the information contained in such statements fairly presents the financial position of the Subsidiary Property Owners as of such date, and as to Borrower and Trust by an auditor’s report prepared without qualification by a nationally recognized accounting firm, and any other information the Banks may need to complete a financial analysis of the Borrower and the Guarantors; provided, however, that unless otherwise requested by the Agent or the Majority Banks, the Borrower shall not be required to deliver the balance sheets, statements or other matters required by this §7.4(a) to the extent the same are incorporated in the balance sheets, statements and other matters delivered to the Banks by the Trust; (b) as soon as practicable, but in any event not later than fifty-five (55) days after the end of each of the first three (3) calendar quarters of each year, copies of the unaudited balance sheet of the Borrower and the Guarantors, respectively, as at the end of such quarter, and the related unaudited statements of income, changes in shareholder’s equity and cash flows for the portion of the calendar year then elapsed, all in reasonable detail and prepared in accordance with GAAP, together with a certification by the principal financial or accounting officer of the Borrower and the Guarantors, respectively, that the information contained in such financial statements fairly presents the financial position of such Person on the date thereof (subject to year-end adjustments); provided, however, that unless otherwise requested by the Agent or the Majority Banks, the Borrower shall not be...

Financial Statements, Certificates and Information. The Company will deliver to each of the Banks: (a) as soon as practicable, but in any event not later than ninety-five (95) days after the end of each fiscal year of the Company, or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as the case may be: (i) the consolidated balance sheet of the Company, as at the end of such fiscal year; (ii) the consolidated statement of income and consolidated statement of cash flows of the Company for such fiscal year; (iii) AMERICAS/2023306744.4 (iv) the balance sheet of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as at the end of such fiscal year ; and (v) the statement of income and statement of cash flows of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ for such fiscal year. Each of the balance sheets and statements delivered under this Section 6.2(a) shall (I) in the case of items (i) and (ii), set forth in comparative form the figures for the previous fiscal year; (II) be in reasonable detail and prepared in accordance with GAAP based on the records and books of account maintained as provided in Section 6.1; (III) include footnotes or otherwise be accompanied by information outlining in sufficient detail reasonably satisfactory to the Administrative Agent the effect of consolidating Excluded Funds, if applicable, and be accompanied by (or be delivered concurrently with the financial statements under this Section 6.2(a)) a certification by the principal financial or accounting officer of the Company or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as the case may be, that the information contained in such financial statements presents fairly in all material respects the consolidated financial position of the Company or the financial position of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as the case may be, on the date thereof and consolidated results of operations and consolidated cash flows of the Company or results of operations and cash flows ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, as the case may be, for the periods covered thereby; and (IV) be certified, without limitation as to scope, by PricewaterhouseCoopers LLP or another firm of independent certified public accountants reasonably satisfactory to the Administrative Agent; (b) as soon as practicable, but in any event not later than fifty (50) days after the end of the first three fiscal quarters of each fiscal year of the Company, (i) the unaudited interim condensed consolidated balance sheet of the Company as at the end of such fiscal quarter, and (ii) the unaudited interim condensed consolidated statement of income and unaudited interim condensed consolidated statement of cash flow of the Company for such fisc...

Financial Statements, Certificates and Information. 43 8.4. NOTICES..............................................................................44 8.4.1. DEFAULTS..................................................................44 8.4.2. ENVIRONMENTAL EVENTS......................................................45 8.4.3. NOTICE OF LITIGATION AND JUDGMENTS........................................45 8.4.4. ERISA EVENTS..............................................................45 8.4.5. NOTICE OF CHANGE OF FISCAL YEAR END.......................................45 8.5. LEGAL EXISTENCE; MAINTENANCE OF PROPERTIES...........................................46 8.6. INSURANCE. .........................................................................46 8.7. TAXES................................................................................46 8.8. INSPECTION OF PROPERTIES AND BOOKS, ETC..............................................46 8.8.1. GENERAL...................................................................46 8.8.2. COMMUNICATIONS WITH ACCOUNTANTS...........................................47 8.9. COMPLIANCE WITH LAWS.................................................................47 8.10.

Financial Statements, Certificates and Information. The Borrower (as indicated), at its sole expense, will deliver to the Lender:­ (a) within fifteen (15) days after the filing of its Form 10K with the Securities Exchange Commission, the Guarantor will provide Lender with its audited financial statement; (b) within one hundred twenty (120) days of fiscal year end, the internal statement of operations, statement of cash flow and balance sheets of Borrower; (c) within thirty (30) days after the receipt of the Primary Tenant’s audited financial statements, the Borrower shall provide them to Lender; and (d) from time to time such other reasonable financial data and information as the Lender may request.