Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of: (i) a consolidated balance sheet of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);
Appears in 3 contracts
Sources: Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/)
Quarterly Statements. within 60 Within 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i) a consolidated balance sheet sheets of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, all in reasonable detail and setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on Borrower and its Subsidiaries and their results of operations and cash flows, subject to changes resulting from year-–end adjustments; , provided that if delivery within the time period specified above of copies of the Borrower’s Quarterly Report on Form 10-–Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.045.18(a);.
Appears in 3 contracts
Sources: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)
Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:,
(i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated statements of incomeearnings, changes in shareholdersstockholders’ equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified on behalf of the Company by a Senior Financial Officer as fairly presenting, in all material respects, the consolidated financial position of the companies being reported on and their consolidated results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if posting on its official website or delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q (including copies of each exhibit filed therewith) prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a7.1(a) must be satisfied so long as such Report includes each of the financial statements (and the comparative historical figures) referred to above, provided, however, that any such report or document as contemplated by complying with such shorter time period (subject always this Section 7.1(a) which has been posted to the BorrowerCompany’s compliance official website with general access rights for the public shall be deemed to have been delivered to the holders of Notes as contemplated by this Section 5.04)7.1(a) so long as the Company has provided each holder of Notes prior notice, by electronic mail to the electronic address provided by such holder of Notes, of such posting;
Appears in 3 contracts
Sources: Note Purchase and Private Shelf Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co), Note Purchase Agreement (Tiffany & Co)
Quarterly Statements. The Issuer shall deliver, or cause the Manager to deliver, to the Indenture Trustee, within 60 sixty (60) days after the end of each the first, second and third quarterly fiscal period in each fiscal year of the Borrower (other than Issuer, commencing with the last quarterly fiscal period quarter of each such fiscal year)the Issuer ended March 31, 2023, duplicate copies ofof the following reports; provided, that upon receipt of such reports, the Indenture Trustee shall promptly make them available to Noteholders, the Hedge Counterparties, and the Rating Agencies on the Indenture Trustee’s internet website:
(i) a an unaudited consolidated balance sheet of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries as at the end of such quarter, and
(ii) unaudited consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case setting forth, starting with the fiscal quarter ended March 31, 2023, in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP IFRS, or, to the extent Diversified Corp or its direct or indirect parent prepares its financial statements in accordance with GAAP, in accordance with GAAP, applicable to quarterly financial statements generally, and certified by a Senior Financial Officer of Diversified Corp as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);.
Appears in 2 contracts
Sources: Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC)
Quarterly Statements. within Within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i) a consolidated and consolidating balance sheet sheets of the Borrower and its Restricted Subsidiaries and of the Borrower and its Subsidiaries as at the end of such quarter, and
(ii) consolidated and consolidating statements of income, changes in shareholders’ ' equity and cash flows of the Borrower and its Restricted Subsidiaries and of the Borrower and its Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, all in reasonable detail and setting forth forth, in each the case of such consolidated statements, in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the time period specified above of copies of the Borrower’s 's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with 5.20(a); provided further that if such shorter time period (subject always Form 10-Q does not contain consolidating information for the Borrower and its Restricted Subsidiaries, the Borrower shall also deliver to each such holder the Borrower’s compliance with consolidating information described in this Section 5.045.20(a);
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement (Lennox International Inc), Advance Term Credit Agreement (Lennox International Inc)
Quarterly Statements. within 60 Within 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies ofthe Company shall deliver to each of the Noteholders:
(i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior the Company’s Chief Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from normal, recurring year-end adjustments; , provided that if delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.048.1(b);
Appears in 2 contracts
Sources: Securities Amendment and Purchase Agreement (HC Innovations, Inc.), Securities Amendment and Purchase Agreement (HC Innovations, Inc.)
Quarterly Statements. The Issuer shall deliver, or cause the Manager to deliver, to the Indenture Trustee, within 60 sixty (60) days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than Issuer, commencing with the last quarterly fiscal period quarter of each such fiscal year)the Issuer ended June 30, 2022, duplicate copies ofof the following reports; provided, that upon receipt of such reports, the Indenture Trustee shall promptly make them available to Noteholders, the Hedge Counterparties, and the Rating Agencies on the Indenture Trustee’s internet website:
(i) a an unaudited consolidated balance sheet of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries as at the end of such quarter, and
(ii) unaudited consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case setting forth, starting with the fiscal quarter ended June 30, 2022, in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP IFRS, or, to the extent Diversified Corp or its direct or indirect parent prepares its financial statements in accordance with GAAP, in accordance with GAAP, applicable to quarterly financial statements generally, and certified by a Senior Financial Officer of Diversified Corp as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);.
Appears in 2 contracts
Sources: Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC)
Quarterly Statements. The Issuer shall deliver, or cause the Manager to deliver, to the Indenture Trustee, within 60 sixty (60) days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than Issuer, commencing with the last quarterly fiscal period quarter of each such fiscal year)the Issuer ended March 31, 2022, duplicate copies ofof the following reports; provided, that upon receipt of such reports, the Indenture Trustee shall promptly make them available to Noteholders, the Hedge Counterparties, and the Rating Agencies on the Indenture Trustee’s internet website:
(i) a an unaudited consolidated balance sheet of the Borrower Diversified and its Restricted Subsidiaries consolidated subsidiaries as at the end of such quarter, and
(ii) unaudited consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Diversified and its Restricted Subsidiaries consolidated subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case setting forth, starting with the fiscal quarter ended March 31, 2022, in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP IFRS, or, to the extent Diversified Corp or its direct or indirect parent prepares its financial statements in accordance with GAAP, in accordance with GAAP, applicable to quarterly financial statements generally, and certified by a Senior Financial Officer of Diversified as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);.
Appears in 2 contracts
Sources: Indenture (Diversified Energy Co PLC), Indenture (Diversified Energy Co PLC)
Quarterly Statements. (i) within 60 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Corporation (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(iA) a consolidated balance sheet of the Borrower Corporation and its Restricted Subsidiaries as at the end of such quarter, ; and
(iiB) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Corporation and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of copies of the Corporation's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor applicable to the Corporation (or such other quarterly report as is applicable to the Corporation) and filed with the Securities and Exchange Commission (“SEC”) is required SEC shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04section 10.1(b);
Appears in 2 contracts
Sources: Debenture Purchase Agreement (Moore Corporation LTD), Debenture Purchase Agreement (Chancery Lane/GSC Investors Lp)
Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i) a consolidated balance sheet of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.045.05);
Appears in 1 contract
Sources: Credit Agreement (Cubic Corp /De/)
Quarterly Statements. (A) within 60 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Corporation (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(iI) a consolidated balance sheet of the Borrower Corporation and its Restricted Subsidiaries as at the end of such quarter, ; and
(iiII) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Corporation and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of copies of the Corporation's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor applicable to the Corporation (or such other quarterly report as is applicable to the Corporation) and filed with the Securities and Exchange Commission (“SEC”) is required SEC shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04section 10.1(b);
Appears in 1 contract
Sources: Debenture Purchase Agreement (Moore Corporation LTD)
Quarterly Statements. within Within 60 days (or if shorter 15 days greater than the period applicable to the filing of the Borrower’s Quarterly Report on Form 10-Q (the “Form 10-Q”) with the SEC regardless of whether the Borrower is subject to the filing requirements thereof) after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
, (i) a consolidated unaudited balance sheet of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and
and (ii) consolidated statements of incomeoperations, changes in shareholders’ equity net assets and cash flows flows, and schedules of investments of the Borrower and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);adjustments; and
Appears in 1 contract
Sources: Unsecured Term Loan Facility Agreement (CION Investment Corp)
Quarterly Statements. As soon as available and in any event within 60 90 days after the end of each quarterly fiscal period in (except the last) of each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i1) a consolidated and consolidating balance sheet sheets of the Borrower Company and its Restricted Subsidiaries as at of the end close of such quarterquarterly fiscal period, andsetting forth in comparative form the consolidated figures for the fiscal year then most recently ended,
(ii2) consolidated and consolidating statements of income, changes in shareholders’ equity and cash flows income of the Borrower Company and its Restricted Subsidiaries for such quarter quarterly fiscal period and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarterquarterly fiscal period, setting forth in each case setting forth in comparative form the consolidated figures for the corresponding periods of the preceding fiscal year, and
(3) consolidated and consolidating statements of cash flows of the Company and its Restricted Subsidiaries for the portion of the fiscal year ending with such quarterly fiscal period, setting forth in comparative form the previous consolidated figures for the corresponding period of the preceding fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, detail and certified as complete and correct by a Senior Financial Officer as fairly presenting, in all material respects, the an authorized financial position officer of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustmentsCompany; provided that if delivery within the Borrower’s period specified above of copies of the Quarterly Report of the Company on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.045.14(a);
Appears in 1 contract
Sources: Note Agreement (Cherry Corp)
Quarterly Statements. within 60 Within sixty (60) days (or, if earlier, the date by which such financial statements are required to be delivered under any Material Credit Facility (as defined below) or the date on which such corresponding financial statements are delivered under any Material Credit Facility if such delivery occurs earlier than such required delivery date) after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries (as defined below) as at the end of such quarter, and
(ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer (as defined below) as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required SEC shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(aparagraph (a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04)- Quarterly Statements;
Appears in 1 contract
Sources: Twenty Fifth Supplemental Indenture (Texas New Mexico Power Co)
Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
of (i) a an unaudited consolidated balance sheet of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and
and (ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on Borrower and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the delivery within the time period specified above of copies of the Borrower’s Quarterly Report on Form 10-Q (the “Form 10-Q”) prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required , shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a); provided further, that the Borrower shall be deemed to have made such delivery of such Form 10-Q if it shall have timely made such Form 10-Q available on “▇▇▇▇▇” or on its home page on the worldwide web (at the date of this Agreement located at, respectively, ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇.▇▇▇▇▇ and ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇) must be satisfied by complying with (such shorter time period (subject always availability being referred to the Borrower’s compliance with Section 5.04)as “Electronic Delivery”;
Appears in 1 contract
Sources: Credit Agreement (Unitil Corp)
Quarterly Statements. As soon as available and in any event within 60 45 days after the end of each quarterly fiscal period in (except the last) of each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i1) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at of the end close of such quarterquarterly fiscal period, andsetting forth in comparative form the consolidated figures for the fiscal year then most recently ended,
(ii2) a consolidated statements statement of income, changes in shareholders’ equity and cash flows operations of the Borrower Company and its Restricted Subsidiaries for such quarter quarterly fiscal period and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarterquarterly fiscal period, setting forth in each case setting forth in comparative form the consolidated figures for the corresponding periods of the preceding fiscal year, and
(3) a consolidated statement of cash flows of the Company and its Subsidiaries for the portion of the fiscal year ending with such quarterly fiscal period, setting forth in comparative form the previous consolidated figures for the corresponding period of the preceding fiscal year, all in reasonable detaildetail and certified as complete and correct by an authorized financial officer of the Company, prepared in accordance with GAAP applicable to quarterly which certificate shall state that such consolidated financial statements generally, and certified by a Senior Financial Officer as fairly presentingpresent fairly, in all material respects, the consolidated financial position statements of the companies being reported on Company and their its Subsidiaries as of the end of the fiscal quarter set forth therein and the consolidated results of operations and cash flowsflows for such fiscal quarter, subject to changes resulting from normal year-end audited adjustments; , provided that if the Borrower’s delivery within the time period specified above of the Company's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor therefore and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.044.01(a)(i);
Appears in 1 contract
Quarterly Statements. The Issuer shall deliver, or cause the Manager to deliver, to the Indenture Trustee, within 60 sixty (60) days after the end of each the first, second and third quarterly fiscal period in each fiscal year of the Borrower (other than Issuer, commencing with the last quarterly fiscal period quarter of each such fiscal year)the Issuer ended March 31, 2024, duplicate copies ofof the following reports; provided, that upon receipt of such reports, the Indenture Trustee shall promptly make them available to Noteholders, the Hedge Counterparties, and the Rating Agencies on the Indenture Trustee’s internet website:
(i) a an unaudited consolidated balance sheet of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries as at the end of such quarter, and
(ii) unaudited consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case setting forth, starting with the fiscal quarter ended March 31, 2024, in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP IFRS, or, to the extent Diversified Corp or its direct or indirect parent prepares its financial statements in accordance with GAAP, in accordance with GAAP, applicable to quarterly financial statements generally, and certified by a Senior Financial Officer of Diversified Corp as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);.
Appears in 1 contract
Quarterly Statements. The Issuer shall deliver, or cause the Manager to deliver, to the Indenture Trustee, within 60 sixty (60) days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than Issuer, commencing with the last quarterly fiscal period quarter of each such fiscal year)the Issuer ended June 30, 2024, duplicate copies ofof the following reports; provided, that upon receipt of such reports, the Indenture Trustee shall promptly make them available to Noteholders, the Hedge Counterparties, and the Rating Agencies on the Indenture Trustee’s internet website:
(i) a an unaudited consolidated balance sheet of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries as at the end of such quarter, and
(ii) unaudited consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Diversified Corp and its Restricted Subsidiaries consolidated subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case setting forth, starting with the fiscal quarter ended June 30, 2024, in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP IFRS, or, to the extent Diversified Corp or its direct or indirect parent prepares its financial statements in accordance with GAAP, in accordance with GAAP, applicable to quarterly financial statements generally, and certified by a Senior Financial Officer of Diversified Corp as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);.
Appears in 1 contract
Quarterly Statements. within Within 60 days after the end of each quarterly quar- -------------------- terly fiscal period in each fiscal year of the Borrower Company and its Subsidiaries (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:,
(i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of -------- copies of each Obligor's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.046.01(a);; ---------------
Appears in 1 contract
Quarterly Statements. within 60 Within 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies ofthe Company shall deliver to each of the Noteholders:
(i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior the Company’s Chief Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from normal, recurring year-end adjustments; , provided that if delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.048.1(b);
Appears in 1 contract
Sources: Securities Amendment and Purchase Agreement (HC Innovations, Inc.)
Quarterly Statements. As soon as available and in any event within 60 45 days after the end of each quarterly fiscal period in (except the last) of each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at of the end close of such quarterquarterly fiscal period, andsetting forth in comparative form the consolidated figures for the fiscal year then most recently ended,
(ii) a consolidated statements statement of income, changes in shareholders’ equity and cash flows earnings of the Borrower Company and its Restricted Subsidiaries for such quarter quarterly fiscal period and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarterquarterly fiscal period, setting forth in each case setting forth in comparative form the consolidated figures for the corresponding periods of the preceding fiscal year, and
(iii) a consolidated statement of cash flows and shareholder's equity of the Company and its Subsidiaries for the portion of the fiscal year ending with such quarterly fiscal period, setting forth in comparative form the previous consolidated figures for the corresponding period of the preceding fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, detail and certified as complete and correct by a Senior Financial Officer as fairly presenting, in all material respects, the an authorized financial position officer of the companies being reported on and their results of operations and cash flowsCompany, subject to changes resulting from year-end adjustments; provided that if delivery within the Borrower’s time period specified above of copies of the Company's Quarterly Report on Form 10-10 Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.045.16(A)(1);
Appears in 1 contract
Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:,
(i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated statements of incomeearnings, changes in shareholdersstockholders’ equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified on behalf of the Company by a Senior Financial Officer as fairly presenting, in all material respects, the consolidated financial position of the companies being reported on and their consolidated results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if posting on its official website or delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q (including copies of each exhibit filed therewith) prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a7.1(a) must be satisfied so long as such Report includes each of the financial statements (and the comparative historical figures) referred to above, provided, however, that any such report or document as contemplated by complying with such shorter time period (subject always this Section 7.1(a) which has been posted to the BorrowerCompany’s compliance official website with general access rights for the public shall be deemed to have been delivered to the DB1/ 87639059.10 holders of Notes as contemplated by this Section 5.04)7.1(a) so long as the Company has provided each holder of Notes prior notice, by electronic mail to the electronic address provided by such holder of Notes, of such posting;
Appears in 1 contract
Quarterly Statements. within 60 Within 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:
(i) a consolidated and consolidating balance sheet sheets of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and
(ii) consolidated and consolidating statements of income, changes in shareholders’ ' equity and cash flows of the Borrower and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, all in reasonable detail and setting forth forth, in each the case of such consolidated statements, in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-year - end adjustments; , provided that if delivery within the time period specified above of copies of the Borrower’s 's Quarterly Report on Form 10-10 - Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with 5.18(a); provided further that if such shorter time period (subject always Form 10 - Q does not contain consolidating information for the Borrower and its Subsidiaries, the Borrower shall also deliver to each such holder the Borrower’s compliance with consolidating information described in this Section 5.045.18(a);.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Lennox International Inc)
Quarterly Statements. within 60 Promptly when available, and in any event not later than the earlier of (A) 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Fiscal Quarter (other than the last quarterly fiscal period Fiscal Quarter of each such fiscal year)Fiscal Year) and (B) one Business Day after the date required to be filed with the SEC, duplicate copies of:,
(i1) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and,
(ii2) consolidated statements of income, changes in shareholders’ equity and cash flows income of the Borrower Company and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year Fiscal Year ending with such quarter, and
(3) consolidated statements of cash flows of the Company and its Subsidiaries for such quarter or (in the case of the second and third quarters) for the portion of the Fiscal Year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal yearFiscal Year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of copies of the Company's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required SEC shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.047.1(a)(i);
Appears in 1 contract
Quarterly Statements. As soon as available and in any event within 60 days after the end of each quarterly fiscal period in (except the last) of each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year)Company, duplicate copies of:
(i1) a consolidated balance sheet sheets of the Borrower Company and its Restricted Subsidiaries as at of the end close of such quarter, andquarter setting forth in comparative form the consolidated figures for the fiscal year most recently ended,
(ii2) consolidated statements of income, changes in earnings and shareholders’ ' equity and cash flows of the Borrower Company and its Restricted Subsidiaries for such quarter quarterly fiscal period and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarterquarterly fiscal period, in each case, setting forth in each case in comparative form the figures for the corresponding periods of the preceding fiscal year, and
(3) consolidated statements of cash flows of the Company and its Subsidiaries for the portion of the fiscal year ending with such quarterly fiscal period, setting forth in comparative form the previous figures for the corresponding period of the preceding fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of copies of the Company's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04SECTION 5.15(A);
Appears in 1 contract
Sources: Note Agreement (Fuller H B Co)