Financial Statements; Ratings Change; Other Information. The Borrower will furnish to the Administrative Agent and each Lender:
Financial Statements; Ratings Change; Other Information. The Parent Guarantor will furnish to the Administrative Agent and each Lender:
Financial Statements; Ratings Change; Other Information. The Borrower will furnish or will cause the Parent to furnish to the Administrative Agent and each Lender:
Financial Statements; Ratings Change; Other Information. The Obligors will furnish (or cause to be furnished) the Administrative Agent:
Financial Statements; Ratings Change; Other Information. QRE MLP or the Borrower will furnish to the Administrative Agent and each Lender:
Financial Statements; Ratings Change; Other Information. The Borrower will furnish to the Administrative Agent: Annual Financial Statements and Annual Budget. As soon as available, but in any event not later than ninety (90) days after the end of each fiscal year, (i) Borrower’s audited consolidated balance sheet and related statements of operations, partners’ equity and cash flows as of the end of and for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all reported on by independent public accountants of recognized national standing and reasonably acceptable to the Administrative Agent (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such consolidated financial statements present fairly in all material respects the financial position and results of operations of the Borrower and its Consolidated Subsidiaries on a consolidated basis in accordance with GAAP consistently applied and (ii) a budget for the then current fiscal year, including a pro forma balance sheet and income and cash flow projections. Quarterly Financial Statements. As soon as available, but in any event not later than 45 days after the end of each of the first three fiscal quarters of each fiscal year of the Borrower, its consolidated balance sheet and related statements of operations, partners’ equity and cash flows as of the end of and for such quarter and the then elapsed portion of the fiscal year, setting forth in each case in comparative form the figures for the corresponding period or periods of (or, in the case of the balance sheet, as of the end of) the previous fiscal year, all certified by a Financial Officer as presenting fairly in all material respects the financial position and results of operations of the Borrower and its Consolidated Subsidiaries on a consolidated basis in accordance with GAAP consistently applied, subject to normal year-end audit adjustments and the absence of footnotes. Third Amended and Restated Credit Agreement – Page 70 715347206 14464587 Certificate of Financial Officer -- Compliance. Concurrently with any delivery of financial statements under Section 8.01(a) or Section 8.01(b), a certificate of a Financial Officer in substantially the form of Exhibit B hereto (i) certifying as to whether a Default has occurred and, if a Default has occurred, specifying the details thereof and any action taken or proposed to be taken with respect thereto, (ii) commenc...
Financial Statements; Ratings Change; Other Information. The Borrower and Aurora will furnish to the Administrative Agent and each Lender:
Financial Statements; Ratings Change; Other Information. The Borrower will furnish to the Loan Administrator which shall furnish to each Lender:
Financial Statements; Ratings Change; Other Information. (c) Certificate of Financial Officer — Compliance. Concurrently with any delivery of financial statements under Section 8.01(a) or Section 8.01(b), a certificate of a Financial Officer in substantially the form of Exhibit D hereto (i) certifying as to whether a Default has occurred and, if a Default has occurred, specifying the details thereof and any action taken or proposed to be taken with respect thereto, (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 9.01 and (iii) stating whether any change in GAAP or in the application thereof has occurred since the date of the audited financial statements referred to in Section 7.04 and, if any such change has occurred, specifying the effect of such change on the financial statements accompanying such certificate.
Financial Statements; Ratings Change; Other Information. 85 Section 8.02 Notices of Material Events 90 Section 8.03 Existence; Conduct of Business 91 Affirmative Covenants 85 Section 8.04 Payment of Tax Obligations 91 Section 8.05 Performance of Obligations under Loan Documents 91 Section 8.06 Operation and Maintenance of Properties 92 Section 8.07 Insurance 92 Section 8.08 Books and Records; Inspection Rights 92 Section 8.09 Compliance with Laws 93 Section 8.10 Compliance with Agreements 93 Section 8.11 Environmental Matters 93 Section 8.12 Further Assurances 94 Section 8.13 Title Information 94 Section 8.14 Additional Collateral; Additional Guarantors 94 Section 8.15 Designations with Respect to Subsidiaries 96 Section 8.16 Excluded Subsidiaries 96 Section 8.17 ERISA Compliance 96 Section 8.18 Interest Rate Hedging Agreements 97 Section 8.19 Commodity Exchange Act Keepwell Provisions 97 Section 8.20 Post-Closing Obligations 97 Article IX Negative Covenants 98 Section 9.01 Financial Covenants 98 Section 9.02 Indebtedness 101 Section 9.03 Liens 102 Section 9.04 Restricted Payments 103 Section 9.05 Investments, Loans and Advances 105 Section 9.06 Nature of Business; International Operations 106 Section 9.07 Proceeds of Loans 106 Section 9.08 ERISA Compliance 107 Section 9.09 Sale or Discount of Receivables 107 Section 9.10 Mergers, Etc. 108 Section 9.11 Sale of Properties 108 Section 9.12 Environmental Matters 109 Section 9.13 Transactions with Affiliates 109 Section 9.14 Subsidiaries 110 Section 9.15 Limitation on Issuance of Equity Interests 110 Section 9.16 Negative Pledge Agreements; Dividend Restrictions 110 Section 9.17 Hedging Agreements 111 Section 9.18 Holding Company 111 Section 9.19 Sale and Leaseback 111 Section 9.20 Amendments to Organization Documents, Term Loan Documents, Material Contracts, Fiscal Year End, Southcross Holdings Investment Agreement or Backstop Investment Commitment Letter; Prepayments of other Indebtedness 111
