Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years ended January 31, 2004 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31, 2004 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parent's management, fairly represent in all material respects the consolidated financial condition of the Parent and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Big Lots Inc)
Historical Statements. The Administrative --------------------- Borrower has delivered to the Administrative Agent copies (x) a copy of ICG's audited consolidated year-end financial statement for and as of the Parentend of the fiscal year ended December 31, 1997 (the "1997 Annual Statements") and (y) a copy of ICG's audited unaudited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 1998 (the "1998 Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31, 2004 (the "Interim Statements") (the 1997 Annual Statements and Interim the 1998 Annual Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parent's Borrowers' management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrowers and its their respective Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim 1998 Annual Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Paying Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Administrative Paying Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 2005 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent and its Subsidiaries Loan Parties as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Consol Energy Inc)
Historical Statements. The Borrower has --------------------- delivered to the Administrative Agent copies of the Parentits and Suncom's audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January 31December, 2004 1996 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited pro forma consolidated interim financial statements for the fiscal year to date and closing balance sheet as of the end of the fiscal quarter ended July 31, 2004 Closing Date (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's and Suncom's management, and to the best of the Borrower's knowledge are: correct and complete and fairly represent in all material respects the consolidated financial condition of Suncom and the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Audio Communications Network Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent Bank copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 1998 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent Bank copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 1999 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent and its Subsidiaries Borrower as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two three (23) fiscal years ended January December 31, 2004 2000 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 2001 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Blair Corp)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) its fiscal years ended January ending on or about December 30, 1995, December 31, 2004 1994 or January 1, 1994 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 28, 2004 1996 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Roundys Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 2002 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date six months ended June 30, 2003, and as of the end of the fiscal quarter ended July 31June 30, 2004 2003 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, fairly represent are correct and complete in all material respects and fairly present the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent Banks copies of the Parent's its audited consolidated year-year- end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 1993 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent Banks copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 1994 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Discretionary Credit Agreement (Aristech Chemical Corp)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 2010 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 2011 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Arch Coal Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years ended January 31on June 30, 2004 2001 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter quarters ended July September 30, 2001, December 31, 2004 2001 and March 31, 2002 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two three (23) fiscal years ended January 31December 27, 2004 1998 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 26, 2004 1999 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Each Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January August 31, 2004 2001 (the "Annual Statements"). In addition, the each Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim quarterly financial statements and for the fiscal year to date and as of the end of the fiscal quarter ended July 31February 28, 2004 2002 (the "Interim Statements") (the Annual Statements and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parenteach Borrower's management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent such Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Bell Oil Corp)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year period ended January 31December, 2004 2001 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July closest to March 31, 2004 2002 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete in all material respects and fairly represent present in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim StatementsStatements only) to the absence of footnotes and normal year-end audit adjustments.
Appears in 1 contract
Sources: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two three (23) fiscal years ended January December 31, 2004 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 2005 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Blair Corp)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 1999 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 2000 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has Borrowers have delivered to the Administrative Agent copies of the Parent's audited consolidated year-end financial statements for and as of the end of the two (2) three fiscal years ended January December 31, 2004 1995 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 1996 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parent's management, are correct and complete in accordance with GAAP and fairly represent in all material respects the consolidated financial condition of the Parent Parent's and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently appliedGAAP, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Paying Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 2003 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Administrative Paying Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Consol Energy Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) three fiscal years ended January December 31, 2004 1996 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 1997 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has Borrowers have delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years ended January December 31, 2004 (1999 [the "Annual Statements"). In addition, the Borrower has Borrowers have delivered to the Administrative Agent copies of the ParentCompany's unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 2000 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements")]. The Historical Statements were compiled from the books and records maintained by the Parent's Borrowers' management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrowers and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two four (24) fiscal years ended January December 31, 2004 2000 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 2001 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Compudyne Corp)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) three fiscal years ended January December 31, 2004 2000, December 31, 1999 and December 31, 1998 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 2001 (the "Interim Statements") (the Statements")(the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements statements, and to the extent restated, as restated, for and as of the end of the two (2) four fiscal years ended January 31September 30, 2004 2000 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 2001 (the "Interim Statements") ), (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Rent Way Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of each of the two (2) three fiscal years ended January ended, respectively, December 31, 2004 (the "Annual Statements")2014, December 31, 2015 and December 31, 2016. In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 2017 (the "Interim Statements") (the Annual all such annual and Interim Statements interim statements being collectively referred to as the "Historical “Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's managementmanagement of the Borrower and its Subsidiaries, are complete and fairly represent represent, in all material respects respects, the consolidated financial condition position of the Parent Borrower and its Subsidiaries as of their the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP IFRS consistently applied, subject (in the case of the Interim Statementsinterim statements) to normal year-end audit adjustmentsadjustments and the absence of footnotes.
Appears in 1 contract
Sources: Credit Agreement (Ferroglobe PLC)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's audited consolidated year-end financial statements of Borrower for and as of the end of the two (2) fiscal years ended January December 31, 2004 2002 and December 31, 2003 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's unaudited monthly consolidated interim financial statements of the Borrower for the fiscal year to date ended December 31, 2002 and as of the end of for the fiscal quarter year ended July December 31, 2004 2003 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parent's managementBorrower, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries (subject to footnote disclosures and year-end audit adjustments for unaudited financial statements) as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Integrated Alarm Services Group Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years ended January 31June 30, 2003 and 2004 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Ii-Vi Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two three (23) fiscal years ended January 31June 30, 2004 1999, 2000 and 2001 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter quarters ended July September 30, 2001, December 31, 2004 2001 and March 31, 2002 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parent's managementBorrower, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustmentsadjustments (except that the Interim Statements do not contain all of the footnotes required by GAAP).
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent Bank copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) five fiscal years ended January 31September 30, 2004 1992, 1993, 1994, 1995 and 1996 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent Bank copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July December 31, 2004 1996, (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Aquapenn Spring Water Company Inc)
Historical Statements. The Borrower has delivered to --------------------- the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) 1999 fiscal years year ended January 31June 30, 2004 1999 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 2000 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Sources: Credit Agreement (Ii-Vi Inc)
Historical Statements. The Borrower has Borrowers have delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) Borrowers' fiscal years ended January December 31, 2004 1997 (the "Annual Statements"). In addition, the Borrower has Borrowers have delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 1998 (the "Interim Statements") (the Annual Annua and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parent's Borrowers' management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrowers and its their respective Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 1996 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 1997 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
Appears in 1 contract
Historical Statements. The Borrower has delivered to the Administrative Agent Lender copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years ended January 31June 30, 2004 1996 and 1995 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent Lender copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 1996 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
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Sources: Credit Agreement (Grubb & Ellis Co)
Historical Statements. The Borrower has delivered to the Administrative Agent Lenders or their affiliates copies of the Parent's (i) its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 2015 (the "“Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's ”) and (ii) its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 2016 (the "“Interim Statements"”) (the Annual Statement and the Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
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Sources: Credit Agreement (Arch Coal Inc)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 2003 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Parent's Borrower’s management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
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Sources: Credit Agreement (Arch Coal Inc)
Historical Statements. The Borrower has Borrowers have delivered to the Administrative Agent copies of the Parent's their audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 1999 (the "Annual StatementsStatement"). In addition, the Borrower has Borrowers have delivered to the Administrative Agent copies of the Parent's their unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 2000 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Parent's Borrowers' management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrowers and its their Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
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Sources: Senior Secured Revolving Credit Facility and Term Loan Credit Agreement (Res Care Inc /Ky/)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years ended January December 31, 2004 1999 and December 31, 2000 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31June 30, 2004 2001 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, fairly represent are correct and complete in all material respects and fairly represent the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
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Sources: Credit Agreement (Freemarkets Inc)
Historical Statements. The Borrower has delivered to the Administrative --------------------- Agent copies of the Parent's its audited consolidated year-year end financial statements for and as of the end of the two (2) fiscal years year ended January December 31, 2004 1995 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31September 30, 2004 1996 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent and its Subsidiaries Borrower as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments.
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Sources: Revolving Credit Agreement (Cable Tv Fund 14-a LTD)
Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's audited consolidated year-end financial statements for the Borrower and its Subsidiaries as of the end of the two (2) fiscal years ended January 31September 30, 2004 (the "Annual Statements")2018 and September 30, 2017. In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's unaudited consolidated interim financial statements for the Borrower and its Subsidiaries for the fiscal year to date and as of the end of the fiscal quarter ended July March 31, 2004 2019 (the "Interim Statements") (the Annual all such annual and Interim Statements interim statements being collectively referred to as the "Historical “Statements"”). The Historical Statements were compiled from the books and records maintained by management of the Parent's managementBorrower, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statementsinterim statements) to normal year-end audit adjustments.
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Historical Statements. The Borrower has delivered to the Administrative Agent copies of the Parent's its audited consolidated year-end financial statements for and as of the end of the two (2) fiscal years year ended January 31December 3 1, 2004 1999 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of the Parent's its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended July 31March 3 1, 2004 2000 (the "Interim Statements") (the Statements")(the Annual and Interim Statements being collectively referred to as the -33- "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the ParentBorrower's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Parent Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to Statements)to normal year-end audit adjustments.
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