Common use of Year-End Statements Clause in Contracts

Year-End Statements. As soon as available and in any event within ninety (90) days after the end of each fiscal year of the Borrower, the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, stockholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Ernst & Young, LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall not be subject to (i) any “going concern” or like qualification or exception or (ii) any qualification or exception as to the scope of such audit.

Year-End Statements. As soon as available and in any event within ninety (90) days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, stockholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the financial position of the Borrower and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Ernst & Young, LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall not be subject to (i) any “‘going concern” or like qualification or exception or (ii) any qualification or exception as to the scope of such audit.

Year-End Statements. As soon as available and in any event within ninety 5 days after the same is required to be filed with the SEC (90) but in no event later than 120 days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsincome, stockholders’ equity and cash flows of the Borrower Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief executive officer or chief financial officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Ernst & Young, Young LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall not be subject to (i) any “going concern” or like qualification or exception or (ii) any qualification or exception as to the scope of such audit.

Year-End Statements. As soon as available and in any event within ninety 5 days after the same is required to be filed with the SEC (90) but in no event later than 120 days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operationsincome, stockholders’ equity and cash flows of the Borrower Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief executive officer or chief financial officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the result of operations for such period and (b) accompanied by the report thereon of Ernst & Young, Young LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose report shall not be subject to (i) any “going concern” or like qualification or exception or (ii) any qualification or exception as to the scope of such audit.. ​