Common use of Year-End Financial Statements Clause in Contracts

Year-End Financial Statements. Within one hundred and twenty (120) days of Borrower's and each Guarantor's (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year end including, in each case, all footnotes and other disclosures, which disclosures have been: certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) internally prepared by management of such Person in accordance with GAAP certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Loan Authorization Agreement

Year-End Financial Statements. Within one hundred and twenty (120) days of Borrower's ’s and each Guarantor's ’s (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: been (check one): X certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) internally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Borrower Agreement (Adept Technology Inc)

Year-End Financial Statements. Within one hundred and twenty (120) days of Borrower's ’s and each Guarantor's ’s (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: been (check one): þ certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) o reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) o compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) o internally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Export Loan Agreement (Fuelcell Energy Inc)

Year-End Financial Statements. Within one hundred and twenty (120) days of Borrower's ’s and each Guarantor's ’s (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: been (check one): x certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) ¨ reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) ¨ compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) ¨ internally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Borrower Agreement (Nexx Systems Inc)

Year-End Financial Statements. Within one hundred and twenty eighty (120180) days of Borrower's and each Guarantor's (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: been (check one): certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) internally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Borrower Agreement

Year-End Financial Statements. Within one hundred and twenty (120) days of Borrower's and each Guarantor's (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: certified been (check one): ýcertified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) reviewed oreviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) compiled ocompiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) internally ointernally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Export Loan Agreement (Fuelcell Energy Inc)

Year-End Financial Statements. Within one hundred and twenty eighty (120180) days of Borrower's and each Guarantor's (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: been (check one): certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) internally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Borrower Agreement

Year-End Financial Statements. Within one hundred and twenty (120) days of Borrower's ’s and each Guarantor's ’s (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: been (check one): x certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) o reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) o compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) o internally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Borrower Agreement (Nexx Systems Inc)

Year-End Financial Statements. Within one hundred and twenty (120) days of Borrower's and each Guarantor's (other than individual Guarantor) fiscal year end or if such Person is required to submit a Form 10-K at the time of filing of such Form 10-K, the income statement, balance sheet and statement of cash flow as of such fiscal year year-end including, including in each case, case all footnotes and other disclosures, which disclosures financial statements have been: been (check one): certified without qualification by an independent accounting firm acceptable to Lender (the "Accountants") (For Loan Facilities with a Maximum Amount of $5,000,000 or more) reviewed by the Accountants (For Loan Facilities with a Maximum Amount of $2,000,000 or more but less than $5,000,000) compiled by the Accountants (For Loan Facilities with a Maximum Amount of $1,000,000 or more but less than $2,000,000) internally prepared by management of such Person in accordance with GAAP GAAP, certified as fairly presenting the financial condition of such Person as of the date thereof by an authorized officer of such Person (For Loan Facilities with a Maximum Amount of less than $1,000,000)

Appears in 1 contract

Sources: Export Loan Agreement (Fuelcell Energy Inc)