Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, reported on by BDO USA, LLP independent public accountants. Such financial statement presents fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periods.
Appears in 4 contracts
Samples: Senior Secured Revolving Credit Agreement (Silverbow Resources, Inc.), Senior Secured Revolving Credit Agreement (Silverbow Resources, Inc.), Senior Secured Revolving Credit Agreement (Silverbow Resources, Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31September 30, 20162015, reported on by BDO USA, LLP independent public accountantsaccountants reasonably acceptable to the Administrative Agent. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 4 contracts
Samples: Credit Agreement (Natural Grocers by Vitamin Cottage, Inc.), Credit Agreement (Natural Grocers by Vitamin Cottage, Inc.), Credit Agreement (Natural Grocers by Vitamin Cottage, Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162018, reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents Financial Statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 3 contracts
Samples: Credit Agreement (Cabot Oil & Gas Corp), Credit Agreement (Cabot Oil & Gas Corp), Credit Agreement (Cabot Oil & Gas Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its the Borrower’s consolidated balance sheet and statements of income, stockholders equity income and cash flows as of and for the fiscal year ended December 31, 2016, reported on by BDO USA, LLP independent public accountants2006. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries consolidated subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 3 contracts
Samples: Credit Agreement (Enterprise GP Holdings L.P.), Credit Agreement (Duncan Dan L), Credit Agreement (Duncan Dan L)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 3128, 20162003, reported on by BDO USAKMPG LLP, LLP independent public accountants, certified by its chief financial officer. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries on a consolidated basis as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 3 contracts
Samples: Credit Agreement (Afc Enterprises Inc), Credit Agreement (Afc Enterprises Inc), Credit Agreement (Afc Enterprises Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet sheets and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162014, reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such , and such financial statement presents statements present fairly, in all material respects, the financial position and position, results of operations and cash flows of the Borrower and its Consolidated Restricted the consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 2 contracts
Samples: Term Loan Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162010, reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Rackspace Hosting, Inc.), Revolving Credit Agreement (Rackspace Hosting, Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of incomeoperations, stockholders stockholders' equity and cash flows as of and for the fiscal year ended December 31, 20162007, reported on by BDO USAXxxx & Associates LLP, LLP independent public accountants. Such and such financial statement presents statements present fairly, in all material respectsrespects and in conformity with GAAP, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and the results of their operations and their cash flows for such periodsfiscal year.
Appears in 2 contracts
Samples: Credit Agreement (Ellora Energy Inc), Credit Agreement (Ellora Energy Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162020, reported on by BDO USA, LLP independent public accountantsthe Accounting Firm. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Medifast Inc), Credit Agreement (Medifast Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders members’ equity and cash flows as of and for the fiscal year ended December 31, 20162012, reported on by BDO USAErnst & Young, LLP independent public accountants. Such The financial statement presents statements described above present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 2 contracts
Samples: Senior Secured Term (Rice Energy Inc.), Credit Agreement (Rice Energy Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2009 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents Financials present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Deluxe Corp), Credit Agreement (Deluxe Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2017 reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Tpi Composites, Inc), Credit Agreement (LHC Group, Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162007, reported on by BDO USAPricewaterhouse Coopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162014, reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Rackspace Hosting, Inc.), Credit Agreement (Kirby Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162020, reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Nelnet Inc), Credit Agreement (Nelnet Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders stockholders’ equity and cash flows as of and for the fiscal year ended December 31, 20162008, reported on by BDO USAPricewaterhouseCoopers, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 2 contracts
Samples: Senior Revolving Credit Agreement (Rosetta Resources Inc.), Term Loan Agreement (Rosetta Resources Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162015, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Service Corporation International)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders on or before the date of this Agreement its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, reported on by BDO USA, LLP independent public accountants2004. Such financial statement presents fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162010, reported on by BDO USAKPMG LLC, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Security and Pledge Agreement (Carriage Services Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year and fiscal quarter ended December March 31, 2016, 2017 reported on by BDO USA, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP, subject to year-end audit adjustments.
Appears in 1 contract
Samples: Credit Agreement (Acxiom Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders stockholders’ equity and cash flows as of and for the fiscal year ended December 31, 20162004, reported on by BDO USAKPMG, LLP LLP, independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders members’ equity and cash flows as of and for the fiscal year ended December 31, 20162011, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Forest Oil Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162002, reported on by BDO USAKPMG, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Cumulus Media Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders Lender its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December May 31, 2016, reported on by BDO USA, LLP LLP, independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Neogen Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year Fiscal Year ended December 31January 29, 20162000, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Oneida LTD)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162011, reported on by BDO USACherry, LLP Bekaert & Holland, L.L.P., independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Ebix Inc)
Financial Condition; No Material Adverse Change. (af) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162013, reported on by BDO USAErnst & Young LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP or IFRS, as applicable.
Appears in 1 contract
Samples: Loan Agreement (Akorn Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162018, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31September 30, 20162019, reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Security Agreement (Ugi Corp /Pa/)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31September 30, 2016, 2018 reported on by BDO USAErnst & Young LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Ugi Corp /Pa/)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2015 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents Financials present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Deluxe Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162011, reported on by BDO USAPricewaterhouseCoopers, LLP independent public accountants. Such financial statement presents Financial Statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders Bank its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year Fiscal Year ended December 31January 29, 20162000, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Loan Agreement (Oneida LTD)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its the Borrower’s consolidated balance sheet and statements of income, stockholders equity income and cash flows as of and for the fiscal year ended December 38 31, 2016, reported on by BDO USA, LLP independent public accountants2006. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries consolidated subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of incomeoperations, stockholders stockholders’ equity and cash flows as of and for the fiscal year ended December 31, 20162010, reported on by BDO USAXxxxx Xxxxxxxx LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2017 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents Financials present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Deluxe Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of incomeoperations, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2019 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of the end of such dates fiscal year and their results of operations for such periodsfiscal year on a consolidated basis in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its Lender, Borrower’s consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year Fiscal Years ended December March 31, 20162010 and March 31, 2011, reported on by BDO USA, LLP an independent public accountantsaccounting firm. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162013, reported on by BDO USAXxxx & Associates LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its the Borrower’s consolidated balance sheet and statements of income, stockholders equity income and cash flows as of and for the fiscal year ended December 31, 2016, reported on by BDO USA, LLP independent public accountants2010. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries consolidated subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162010, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Revolving Credit Agreement (Service Corporation International)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and sheet, statements of income, stockholders equity and cash flows and pro forma information as of and for the fiscal year ended December 31May 2, 20161999, reported on by BDO USAXxxxxx Xxxxxxxx LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Smithfield Foods Inc
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162018, reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Nelnet Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its the Borrower’s consolidated balance sheet and consolidated statements of income, stockholders comprehensive income, stockholders’ equity and cash flows as of and for (i) the fiscal year ended December 31, 20162018, reported on by BDO USADeloitte & Touche LLP. To the knowledge of the Borrower, LLP independent public accountants. Such such financial statement presents statements present fairly, in all material respectsrespects the consolidated financial position, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its audited consolidated balance sheet and statements statement of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162012, all reported on by BDO USA, LLP a firm of independent public accountantsaccountants acceptable to the Administrative Agent. Such audited financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Security and Pledge Agreement (Magnum Hunter Resources Corp)
Financial Condition; No Material Adverse Change. (ad) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December January 31, 2016, 2015 reported on by BDO USAErnst & Young LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Chicos Fas Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its the Borrower’s consolidated balance sheet and consolidated statements of income, stockholders comprehensive income, stockholders’ equity and cash flows as of and for (i) the fiscal year ended December 31, 20162017, reported on by BDO USADeloitte & Touche LLP. To the knowledge of the Borrower, LLP independent public accountants. Such such financial statement presents statements present fairly, in all material respectsrespects the consolidated financial position, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders stockholders’ equity and cash flows as of and for the fiscal year years ended December 31, 20162001 and December 31, reported on 2002, audited by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162008, reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31January 2, 20162007, reported on by BDO USAPricewaterhouse Coopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and related statements of incomeoperations, stockholders changes in shareholders’ equity and cash flows as of and for the fiscal year ended December 31, 20162017, reported on certified by BDO USA, LLP independent public accountantsits chief financial officer. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted the consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP, subject to audit adjustments and the absence of footnotes.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162017, reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Fortune Brands Home & Security, Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162012, reported on by BDO USAPricewaterhouse Coopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2012 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents Financials present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Deluxe Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162018, reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Kirby Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and related statements of incomeoperations, stockholders changes in shareholders’ equity and cash flows as of and for the fiscal year ended December 31, 20162017, reported on audited by BDO USAPriceWaterhouseCoopers, LLP independent public accountants. L.L.P. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted the consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162010, reported on by BDO USAPricewaterhouse Coopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162018, reported on by BDO USA, LLP LLP, independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Akorn Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders shareholders equity and cash flows as of and for the fiscal year ended December 31, 20162004, reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Bellsouth Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December May 31, 2016, 2013 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Angiodynamics Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December May 31, 2016, 2016 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Angiodynamics Inc)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162012, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Service Corporation International)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2010 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Taleo Corp)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders stockholders’ equity and cash flows as of and for the fiscal year ended December 31, 20162017, reported on by BDO USAXxxxx & Young LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders on or before the date of this Agreement its audited consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, reported on by BDO USA, LLP independent public accountants2005. Such financial statement presents fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders members equity and cash flows as of and for the fiscal year ended December 31, 20162011, reported on by BDO USAXxxxxxxxx Xxxxx & Co., LLP Inc., independent public accountants. Such The financial statement presents statements described above present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Rice Energy Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity retained earnings and cash flows as of and for the fiscal year ended December 31, 20162013, reported on audited by BDO USAErnst & Young, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31September 30, 2016, 2012 reported on by BDO USAPricewaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Ugi Corp /Pa/)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders stockholders’ equity and cash flows as of and for the fiscal year ended December 31, 20162010, reported on by BDO USAErnst & Young LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders stockholders' equity and cash flows as of and for the fiscal year ended December 31, 20161999, reported on by BDO USAArthxx Xxxexxxx XXX, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries consolidated Subsidiaries, as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Huntsman Packaging of Canada LLC)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year Fiscal Year ended December 31January 27, 20162001, reported on by BDO USAPriceWaterhouseCoopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Oneida LTD)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders each Lender its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, reported on by BDO USA, LLP independent public accountants1998. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such the dates and for such periodsthe periods indicated therein in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 3129, 20162009, reported on by BDO USAPricewaterhouse Coopers LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and related statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162005, reported on by BDO USAHein & Associates LLP, LLP independent public accountants. Such financial statement presents xxxxncial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 20162019, reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates date and for such periodsperiod in accordance with GAAP.
Appears in 1 contract
Samples: Assignment and Assumption
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2016, 2015 reported on by BDO USAKPMG LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Restricted Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (CommerceHub, Inc.)
Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the fiscal year ended December 31, 20162010, reported on by BDO USAErnst & Young LLP, LLP independent public accountants. Such financial statement presents statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Restricted consolidated Subsidiaries as of such dates and for such periodsperiods in accordance with GAAP.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Convergys Corp)