Records and Financial Statements of Borrower Clause Samples

Records and Financial Statements of Borrower. The Borrower covenants and agrees at all times to keep, or cause to be kept, proper books of record and account, prepared in accordance with generally accepted accounting principles, in which complete and accurate entries shall be made of all transactions of or in relation to the business, properties and operations of the Borrower relating to the Projects. Such books of record and account shall be available for inspection by the Authority or the Trustee during normal business hours and under reasonable circumstances.

Records and Financial Statements of Borrower. (a) The Borrower covenants and agrees at all times to keep, or cause to be kept, proper books of record and account, prepared in accordance with generally accepted accounting principles, in which complete and accurate entries shall be made of all transactions of or in relation to the business, properties and operations of the Borrower. Such books of record and account shall be available for inspection by the Authority, the Trustee and the duly authorized agents of any of them at reasonable hours, under reasonable circumstances and after reasonable prior notice to the Borrower. (b) The Borrower further covenants and agrees, within 120 days after the end of each Fiscal Year, to furnish to the Authority and the Trustee a Certificate of the Borrower stating that its financial statements have been completed and that no event which constitutes a Loan Default Event or which with the giving of notice or the passage of time or both would constitute a Loan Default Event has occurred and is continuing as of the end of such Fiscal Year, or specifying the nature of such event and the actions taken and proposed to be taken by the Borrower to cure such default.

Records and Financial Statements of Borrower. The Borrower shall, within 120 days after the close of each fiscal year, submit to the Authority and to the Trustee audited financial statements with respect to the Borrower or its parent company for such fiscal year. The Trustee shall have no duty to review such financial statements. The Trustee shall be permitted (but shall have no duty) at all reasonable times during the term of this Agreement to examine the books and records of the Borrower with respect to the Project Facilities, subject to the limitations expressed in Section 5.1.

Records and Financial Statements of Borrower. The Borrower shall deliver to the Trustee and, to the extent requested in writing, to the Authority, the following: (a) As soon as available, but in no event more than one-hundred and twenty (120) days after the end of each fiscal year, copies of the Borrower's statements of operation for such fiscal year, financial statements of cash flows for such fiscal year, all prepared in accordance with generally accepted accounting principles applicable to the Borrower, and setting forth in each case in comparative form the figures for the previous fiscal year. All financial statements shall be certified by independent certified public accountants of national standing, showing the financial condition of the Borrower at the close of such fiscal year and the results of Project operations during such fiscal year; (b) Simultaneously with the delivery of each set of financial statements referred to in clause (a) above, a certificate of an Authorized Borrower Representative stating whether there exists on the date of such certificate any circumstance known to the Borrower that, with the passage of time or the giving of notice constitutes or would constitute an Event of Default and, if any circumstance known to the Borrower that, with the passage of time or the giving of notice constitutes or would constitute an Event of Default exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto (this certificate shall always be delivered to the Authority); (c) Simultaneously with the delivery of each set of financial statements referred to in clause (a) above, a statement (for so long as such statements are routinely provided by the independent public accountant certifying the financial statements in Section 5.4(a) to its clients) of the firm of independent public accountants which reported on such statements advising that nothing has come to their attention to cause them to believe that there existed on the date of such statements any Event of Default; provided, that failure to obtain and deliver such a certificate shall not be a default under Article VI; (d) Forthwith upon the occurrence of any circumstance known to the Borrower that, with the passage of time or the giving of notice, constitutes or would constitute an Event of Default, a certificate of an Authorized Borrower Representative setting forth the details thereof and the action which the Borrower is taking or proposes with respect thereto; provided th...

Records and Financial Statements of Borrower. (a) The Borrower covenants and agrees at all times to keep, or cause to be kept, proper books of record and account, prepared in accordance with generally accepted accounting principles, in which complete and accurate entries shall be made of all transactions of or in relation to the business, properties and operations of the Borrower. Such books of record and account shall be available for inspection by the Authority, the Bank or the Trustee at reasonable hours, under reasonable circumstances and after reasonable prior notice to the Borrower. (b) The Borrower further covenants and agrees to furnish to the Authority, the Remarketing Agent and the Trustee, within 120 days after the end of each Fiscal Year, (i) a Certificate of an Authorized Representative of the Borrower stating that its financial statements have been completed and that no event which constitutes a Loan Default Event or which with the giving of notice or the passage of time or both would constitute a Loan Default Event has occurred and is continuing as of the end of such Fiscal Year, or specifying the nature of such event and the actions taken and proposed to be taken by the Borrower to cure such default, and (ii) copies of the consolidated financial statements of Waste Connections, Inc. and its subsidiaries in such form as are required to be provided to the Bank.

Records and Financial Statements of Borrower. 3 SECTION 5.4. MAINTENANCE AND REPAIR; TAXES; UTILITY AND OTHER CHARGES; INSURANCE..................................................3 SECTION 5.5. QUALIFICATION IN CALIFORNIA.........................................3 SECTION 5.6. TAX-EXEMPT STATUS OF INTEREST ON BONDS..............................4 SECTION 5.7. NOTICE OF RATE PERIODS..............................................5 SECTION 5.8. REMARKETING OF THE BONDS............................................5

Records and Financial Statements of Borrower. (a) The Borrower covenants and agrees at all times to keep, or cause to be kept, proper books of record and account, prepared in accordance with generally accepted accounting principles, in which complete and accurate entries shall be made of all transactions of or in relation to the business, properties and operations of the Borrower relating to the Project. Such books of record and account shall be available for inspection by the Issuer or the Trustee during normal business hours and under reasonable circumstances. (b) The Borrower agrees to furnish to the Issuer and the Trustee as soon as available, and in any event within 120 days after the end of each fiscal year, copies of the balance sheet of the Borrower as at the end of such fiscal year, and of the statements of income, retained earnings and changes in financial condition of the Borrower for such fiscal year. Such balance sheet and statements shall be prepared in reasonable detail, in accordance with generally accepted accounting principles, and shall be accompanied by the report thereon of an independent public accountant. In the event that the Borrower is required to file Form 10-K under the Securities Exchange Act of 1934, as amended, the Borrower may, in lieu of furnishing the financial statements hereinabove described, furnish such Form 10-K to the Issuer and the Trustee promptly after such report is available

Records and Financial Statements of Borrower. 13 SECTION 5.4. INSURANCE..................................................... 13 SECTION 5.5. MAINTENANCE AND REPAIR; TAXES; UTILITY AND OTHER CHARGES....

Records and Financial Statements of Borrower. ‌ The Lender shall be permitted at all reasonable times during the term of this Agreement to examine the books and records of the Borrower with respect to the Property, subject to the limitations expressed in Section 4.1.