Common use of Financial Condition; No Material Adverse Change Clause in Contracts

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 March 3, 2018, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)

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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 March 3December 31, 20182011, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods date in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (WHITEWAVE FOODS Co), Credit Agreement (WHITEWAVE FOODS Co), Credit Agreement (Dean Foods 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 March 3, 20182014, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 3 contracts

Samples: Assignment and Assumption (Kimball International Inc), Assignment and Assumption (Kimball Electronics, Inc.), Assignment and Assumption (Kimball Electronics, 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 March 3, 20182007, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid 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 retained earnings and cash flows as of and for the fiscal year ended March 3December 31, 20182021, reported on audited by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 2 contracts

Samples: Term Loan Agreement (Brixmor Operating Partnership LP), Revolving Credit Agreement (Brixmor Operating Partnership LP)

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 March 3December 31, 20182012, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods date in accordance with GAAP.

Appears in 2 contracts

Samples: Assignment and Assumption (Dean Foods Co), Credit Agreement (Dean Foods 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 March 32, 20182013, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid 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 March 3June 25, 2018, 2011 reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Maxim Integrated Products 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 March 3December 31, 20182006, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods date in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods 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 March 3, 20182012, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid 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 partners’ equity and cash flows (i) as of and for the fiscal year ended March 3December 31, 20182013, reported on by Deloitte & Touche LLP. Such financial statements present fairly , independent public accountants, and (ii) as of and for the financial position fiscal quarter and results of operations and cash flows the portion of the Borrower and fiscal year ended March 31, 2014, certified by one of its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAPFinancial Officers.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Genesis Energy Lp)

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 March 331, 2018, 2006 reported on by Deloitte & Touche LLPLLP independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Mylan Laboratories 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 March 3December 31, 20182006, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and each of its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (ACA Capital Holdings 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 Fiscal Year ended March 3December 31, 2018, 2013 reported on by Deloitte & Touche LLP, independent public accountants. Such All such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries consolidated Restricted Subsidiaries, as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Quad/Graphics, 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 partners’ equity and cash flows (i) as of and for the fiscal year ended March 3December 31, 20182011, reported on by Deloitte & Touche LLP. Such financial statements present fairly , independent public accountants, and (ii) as of and for the financial position fiscal quarter and results of operations and cash flows the portion of the Borrower and fiscal year ended March 31, 2012, certified by one of its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAPFinancial Officers.

Appears in 1 contract

Samples: Credit Agreement (Genesis Energy Lp)

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 March 3August 31, 2018, 2007 reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Apollo 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 stockholders' equity and cash flows as of and for the fiscal year ended March February 3, 20182001, reported on by Deloitte & Touche LLPLLP independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Galyans Trading 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 March 3February 28, 20182004, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid 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 March 3, 20182019, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Kimball International 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 March 31, 20182003, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid 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 shareholders’ equity and cash flows as of and for the fiscal year ended March 3December 31, 20182006, reported on audited by Deloitte & Touche LLP, independent auditors. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Health Net 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 March 3December 31, 2018, 2012 reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: And Restatement Agreement (Endo Health Solutions 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 Fiscal Year ended March 3December 31, 2018, 20152017 reported on by Deloitte & Touche LLP, independent public accountants. Such All such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries consolidated Restricted Subsidiaries, as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Quad/Graphics, 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 March 31, 20182014, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Rite Aid 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 shareholders’ equity and cash flows as of and for the fiscal year ended March 3December 31, 20182010, reported on audited by Deloitte & Touche LLP, independent auditors. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Health Net 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 March 3December 31, 20182014, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods date in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Dean Foods Co)

Financial Condition; No Material Adverse Change. (a) The 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 the fiscal year ended March 3December 31, 20182019, reported on by Deloitte & Touche LLP. Such To the knowledge of the Borrower, such financial statements present fairly fairly, in all material respects the consolidated financial position and position, results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Keurig Dr Pepper Inc.)

Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its unaudited consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the fiscal year quarter ended March 331, 2018, reported on by Deloitte & Touche LLP2006. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Trans 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 March 3, 2018_________, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Kimball Electronics, 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 March 3December 31, 20182004, reported on by Deloitte & Touche LLPTouche, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Guaranty Agreement (St Mary Land & Exploration 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 March 3December 31, 20182012, reported on by Deloitte & Touche LLPTouche, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (SM Energy Co)

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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 March 3November 30, 20182021, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Vitesse 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 March 3December 31, 20182005, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and each of its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (ACA Capital Holdings 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 March 3December 31, 20182010, reported on by Deloitte & Touche LLPTouche, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (SM Energy 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 March 3August 31, 2018, 2011 reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Apollo 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 March 34, 20182006, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid 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 March 3February 2, 2018, 2008 reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Pacific Sunwear of California 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 Fiscal Year ended March 3January 1, 20182005, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position condition and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Delhaize America 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 the fiscal year ended March 3December 31, 20182020, reported on by Deloitte & Touche LLP. Such To the knowledge of the Borrower, such financial statements present fairly fairly, in all material respects the consolidated financial position and position, results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Keurig Dr Pepper Inc.)

Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its 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 March 3December 31, 20182016, reported on by Deloitte & Touche LLP. Such financial statements present fairly fairly, in all material respects the consolidated financial position and position, results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Dr Pepper Snapple Group, Inc.)

Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its the consolidated balance sheet and statements of income, stockholders equity and cash flows of APLP and its consolidated Subsidiaries as of and for the fiscal year ended March 3December 31, 2018, 2016 reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower APLP and its Consolidated consolidated Restricted Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Archrock Partners, L.P.)

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 Fiscal Year ended March 3December 31, 2018, 2015 reported on by Deloitte & Touche LLP, independent public accountants. Such All such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries consolidated Restricted Subsidiaries, as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Quad/Graphics, 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 March 3December 31, 20182007, reported on by Deloitte & Touche LLPTouche, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (St Mary Land & Exploration 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 March 3, 20182017, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Kimball Electronics, 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 March 3October 31, 20182004, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries consolidated subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (St John Knits International 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 March 3February 26, 20182005, reported on by Deloitte & Touche LLP. Such financial statements present fairly the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Rite Aid Corp)

Financial Condition; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders its the consolidated balance sheet balancesheet and statements of incomeearnings, stockholders shareholders’ equity and cash flows of the Borrower, (i) as of and for the forthe fiscal year years ended March 3December 31, 20182016 and 2015, each reported on by Deloitte & Touche LLP, anindependent registered public accounting firm and (ii) as of and for the fiscal quarter ended March 31,2017. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.results-74-

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors 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 partners’ equity and cash flows (i) as of and for the fiscal year ended March 3December 31, 20182009, reported on by Deloitte & Touche LLP. Such financial statements present fairly , independent public accountants, and (ii) as of and for the financial position fiscal quarter and results of operations and cash flows the portion of the Borrower and fiscal year ended March 31, 2010, certified by one of its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAPFinancial Officers.

Appears in 1 contract

Samples: Credit Agreement (Genesis Energy Lp)

Financial Condition; No Material Adverse Change. (ao) 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 March 3December 31, 201820142015, reported on by Deloitte & Touche LLP, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated consolidated Subsidiaries as of such dates and for such periods date in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Dean Foods 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 March 3December 31, 20182008, reported on by Deloitte & Touche LLPTouche, independent public accountants. Such financial statements present fairly fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (St Mary Land & Exploration Co)

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