Items to be Furnished Sample Clauses
Items to be Furnished. Borrowers and Guarantor shall cause the following to be furnished to Lender:
(a) As soon as available, but no later than 150 days after the last day of each fiscal year of Guarantor, Financial Statements showing the consolidated financial condition and results of operations of Guarantor and its Subsidiaries as of, and for the year ended on, such last day, accompanied by (i) the opinion, without material qualification, by a firm of independent certified public accountants acceptable to Lender, based on an audit using generally accepted auditing standards, that such Financial Statements were prepared in accordance with GAAP and present fairly the financial condition and results of operations of Guarantor and its Subsidiaries, and (ii) a Financial Report Certificate with respect to such Financial Statements.
(b) As soon as available, but no later than 75 days after the last day of each fiscal quarter of Borrowers and Guarantor (i) Financial Statements showing the financial condition and results of operations of Borrowers and Guarantor as of, and for the period from the beginning of the current fiscal year to, such last day, and a Financial Report Certificate with respect to such Financial Statements, and (ii) a report from each of the Borrowers summarizing the results of their respective Pipeline Systems, in form and substance acceptable to the Lender.
(c) Concurrently with the delivery of each of the Financial Statements referred to in subparagraphs (a) and (b) of this Section 6.3, a certificate of the chief financial officer of Borrowers and Guarantor (i) stating that to the best of such officer’s knowledge, no Default has occurred and is continuing, or if a Default has occurred and is continuing, a statement as to the nature thereof and the action that is proposed to be taken with respect thereto and (ii) showing in reasonable detail the calculations demonstrating compliance with Sections 6.29, 6.30 and 6.31.
(d) Promptly after the issuance thereof, true copies of any order issued by any Tribunal in any Litigation to which Borrowers or Guarantor are a party, and any press release or other statement made available generally by or on behalf of Borrowers or Guarantor to the public, which relate to any facts or circumstances that individually or in the aggregate may have a Material Adverse Effect on any of the Borrowers or Guarantor.
(e) Notice promptly after Borrowers or Guarantor know or should know of any change in any fact or circumstance represented or wa...
Items to be Furnished. Borrower shall cause the following to be furnished to Administrative Agent for delivery to Facility B Lenders:
(a) Promptly after preparation, and no later than 90 days after the last day of each fiscal year of Borrower, Financial Statements showing the consolidated financial condition and results of operations calculated for the Consolidated Companies (and calculated separately for (i) MFS and its Subsidiaries on a consolidated basis for so long as MFS and its Subsidiaries are Unrestricted Subsidiaries, and (ii) for any fiscal year of Borrower in which either (A) the Operating Cash Flow of the Unrestricted Subsidiaries is greater than 7.5% of total Operating Cash Flow of the Consolidated Companies, or (B) the value of the assets (determined in accordance with GAAP) of the Unrestricted Subsidiaries (excluding the Receivables Subsidiary) is greater than 7.5% of the aggregate value of all assets (determined in accordance with GAAP) of the Consolidated Companies, each other Unrestricted Subsidiary designated from time to time pursuant to SECTION 7.27) as of, and for the year ended on, such day, accompanied by:
(i) the unqualified opinion of a firm of nationally-recognized independent certified public accountants, based on an audit using generally accepted auditing standards, that such Financial Statements (calculated with respect to the Consolidated Companies) were prepared in accordance with GAAP and present fairly the consolidated financial condition and results of operations of the Consolidated Companies;
(ii) any management letter prepared by such accounting firm;
(iii) a certificate from such accounting firm to Administrative Agent indicating that during its audit it obtained no knowledge of any Default or Potential Default or, if it obtained such knowledge, the nature and period of existence thereof;
(iv) a letter from such accounting firm addressed to Borrower, with a copy to Administrative Agent, acknowledging that (A) Borrower plans to provide Administrative Agent with such audited Financial Statements and accompanying audit report, (B) Administrative Agent has informed Borrower that Administrative Agent and Facility B Lenders intend to rely on such firm's audit report accompanying such Financial Statements, and (C) Borrower intends for Administrative Agent and Facility B Lenders to so rely; and
(v) a Compliance Certificate with respect to such Financial Statements.
(b) Promptly after preparation, and no later than 45 days after the last day of each ...
Items to be Furnished. Borrower shall cause the following to be furnished to Administrative Agent (with sufficient copies for each Lender):
Items to be Furnished. BY SELLER
Items to be Furnished. Borrower shall cause the following to be furnished to Administrative Agent and each Lender:
Items to be Furnished. EDS covenants and agrees that it shall cause to be furnished to the Administrative Agent, for distribution to each Lender, each of the following:
Items to be Furnished. Borrower shall cause the following to be --------------------- furnished to each Lender:
Items to be Furnished. Borrower shall cause the following to be furnished to Administrative Agent (with sufficient copies for each Lender; provided however that, in lieu of supplying sufficient copies to Administrative Agent and each Lender, Borrower may cause each item to be made available to Administrative Agent and Lenders on PPT’s website):
Items to be Furnished. Borrowers shall cause the following to be furnished to Administrative Agent (with sufficient copies for each Lender):
Items to be Furnished. Borrower shall cause the following to be furnished to Administrative Agent for delivery to Lenders:
(a) Promptly after preparation, and no later than 60 days after the last day of each of the first three fiscal quarters of Borrower, balance sheets and statements of earnings and cash flow ("FINANCIAL STATEMENTS") showing the consolidated financial condition and results of operations calculated for Borrower and its Subsidiaries, for such fiscal quarter and for the period from the beginning of the then-current fiscal year to such last day, and each accompanied by a Compliance Certificate.
(b) Promptly after preparation, and no later than 120 days after the last day of each fiscal year of Borrower, Financial Statements showing the consolidated financial condition and results of operations for Borrower and its Subsidiaries, as of, and for the year ended on, such day, each accompanied by:
(i) the unqualified opinion of a firm of nationally-recognized independent certified public accountants, based on an audit using generally accepted auditing standards, that such Financial Statements were prepared in accordance with GAAP and present fairly the consolidated financial condition and results of operations of Borrower; and
(ii) a Compliance Certificate.
(c) Promptly upon receipt thereof, and in any event within ten (10) Business Days after receipt thereof, copies of all auditor's annual management letters delivered to Borrower.
(d) Notice, promptly (but in any event within five (5) Business Days) after any Loan Party knows or has reason to know of (i) a Default or Potential Default specifying the nature thereof and what action any Loan Party or any Subsidiary thereof has taken, is taking, or proposes to take with respect thereto, (ii) any other event or circumstance that results in, or could reasonably be expected to result in, a Material Adverse Event, or (iii) the filing or commencement of any action, suit or proceeding by or before any arbitrator or Governmental Authority against or, to the knowledge of the Borrower, affecting any Loan Party or any Subsidiary of any Loan Party that, if adversely determined, could reasonably be expected to result in a Material Adverse Event.
(e) Promptly after the filing thereof, a true, correct, and complete copy of each Form 10-K, Form 10-Q, and Form 8-K filed by or on behalf of any Loan Party or any Subsidiary thereof with the Securities and Exchange Commission, and of all material reports or filings filed by or on behalf of any...