Restated Financial Statements Clause Samples

Restated Financial Statements. On or prior to sixty (60) days after the date hereof, Seller shall deliver to Buyer the Restated Financial Statements.

Restated Financial Statements. As soon as available audited restated financial statements regarding the Borrower and its Subsidiaries for Fiscal Year 2002 and audited financial statements regarding the Borrower and its Subsidiaries for the Fiscal Years 2003 and 2004, each consisting of Consolidated balance sheets of the Borrower and its Subsidiaries as of the end of each such Fiscal Year and related statements of income and cash flows of the Borrower and its Subsidiaries for each such Fiscal Year, all prepared in conformity with GAAP and certified, without qualification as to the scope of the audit, by the Borrower's Accountants.

Restated Financial Statements. The restated financial statements of the Company for the fiscal years ended December 31, 2021 and 2022, and for each of the interim periods during the 2022 and 2023 fiscal years, together with the related notes (the “Restated Financial Statements”), set forth in the SEC Reports comply in all material respects with the requirements of the Exchange Act, the Securities Act and the 1933 Act Rules and Regulations and fairly present in all material respects the financial condition of the Company and its consolidated subsidiaries as of the dates indicated and the results of operations, cash flows and changes in stockholders’ equity for the periods therein specified. The Restated Financial Statements are in conformity in all material respects with GAAP consistently applied throughout the periods involved.

Restated Financial Statements. On or before February 16, 2010, Borrower shall: (i) (A) file with the SEC restated financial statements for all fiscal periods impacted by the “Accounting Errors” (as that term is defined in the Second Amendment and Limited Waiver to Loan Agreement dated as of December 23, 2009, by and among Bank, Borrower and Guarantors (the “Second Amendment”), and/or (B) provide Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying in reasonable detail the basis upon which Borrower has concluded that the financial statements for any or all of such fiscal periods do not require restatement; and (ii) provide to Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying that to the best of Borrower’s knowledge after due inquiry, that the Accounting Errors have not resulted in any Events of Default other than the Existing Defaults (as that term is defined in the Second Amendment). b. A new Section 5.11 is inserted into the Loan Agreement to read as follows:

Restated Financial Statements. In the event Borrower restates its financial statements for one or more prior periods in order to reflect the accounting adjustments described in the Waiver Request, Borrower shall promptly furnish to the Administrative Agent and each Lender true and correct copies of such restated financial statements, together with the certificate of a Financial Officer of the Borrower required by Section 5.01(e) with respect to such restated financial statements, which Financial Officer may take into account the effect of this Waiver in making the certifications required by Section 5.01(e).

Restated Financial Statements. In the event the Company and the Guarantor restate their financial statements for one or more prior periods in order to reflect the accounting adjustments described in the Waiver Request, the Company and the Guarantor shall promptly furnish to the Purchasers true and correct copies of such restated financial statements, together with the certificate of a Financial Officer of the Company and the Guarantor required by Section 6.1(c) of the Note with respect to such restated financial statements, which Financial Officer may take into account the effect of this Second Waiver in making the certifications required by Section 6.1(c) of the Note Agreement.

Restated Financial Statements. The Company shall have delivered to Parent the Restated Financial Statements contemplated by Section 5.13 at least fourteen (14) days prior to the Closing Date.

Restated Financial Statements. The Stockholder will cause the Company to deliver to Purchaser the Company's financial statements for the calendar year ended December

Restated Financial Statements. The restatement of the Company’s accounts receivable reserve accrual balance as of December 31, 2008 (as reflected in the Company Financial Statements) is consistent with the terms disclosed to the Administrative Agent (as defined in the Unitek First Lien Credit Agreement) prior to the Forbearance Effective Date (as defined in Amendment No. 4 to the Unitek First Lien Credit Agreement).