Common use of Year-End Statements Clause in Contracts

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 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, common shareholders’ 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) the chief financial officer or chief accounting officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results of operations for such period and (b) independent certified public accountants of recognized national standing acceptable to the Agent, whose certificate shall be unqualified and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event within 5 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the Borrower)Parent) commencing with the fiscal year ending December 31, 2020, the audited consolidated balance sheet of the Borrower Parent and its Consolidated Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, common shareholdersstockholders’ equity and cash flows of the Borrower Parent and its Consolidated 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) certified by the chief executive officer or chief financial officer or chief accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Consolidated Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of KPMG LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate report shall be unqualified and who shall have authorized the Borrower to deliver such financial statements in scope and certification thereof substance satisfactory to the Agent and the Lenders pursuant to this AgreementRequisite Lenders.

Year-End Statements. As soon as available and in any event within 5 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the BorrowerParent) (including without limitation, the fiscal year ending December 31, 2009), 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, common shareholders’ 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) certified by the chief financial officer officer, treasurer, or chief accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the audit report thereon of independent certified public accountants of recognized national standing acceptable to the Agentstanding, whose certificate report shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower Parent to deliver such financial statements and certification thereof report to the Agent and the Lenders pursuant to this AgreementLenders.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the Borrower, commencing with the fiscal year ending December 31, 2024), 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 operationsearnings, common shareholdersstockholders’ 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) the chief financial executive officer or chief accounting financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAPGAAP in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results of operations for such period and (b) independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

Year-End Statements. As soon as available and in any event within 5 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the Borrower)Parent) commencing with the fiscal year ended December 31, 2023, the audited consolidated balance sheet of the Borrower Parent and its Consolidated Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, common shareholdersstockholders’ equity and cash flows of the Borrower Parent and its Consolidated 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) certified by the chief executive officer or chief financial officer or chief accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Consolidated Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of KPMG LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate report shall be unqualified and who shall have authorized the Borrower to deliver such financial statements in scope and certification thereof substance satisfactory to the Agent and the Lenders pursuant to this AgreementRequisite Lenders.

Year-End Statements. As soon as available and in any event within 5 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the BorrowerParent) (including without limitation, the fiscal year ending December 31, 2005), 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, common shareholders’ 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) certified by the chief financial officer officer, treasurer, or chief accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the audit report thereon of independent certified public accountants of recognized national standing acceptable to the Agentstanding, whose certificate report shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower Parent to deliver such financial statements and certification thereof report to the Agent and the Lenders pursuant to this AgreementLenders.

Year-End Statements. As soon as available and in any event within 5 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 90 days after the end of each fiscal year of the Borrower)Parent) commencing with the fiscal year ending December 31, 2011, the audited consolidated balance sheet of the Borrower Parent and its Consolidated Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of operations, common shareholdersstockholders’ equity and cash flows of the Borrower Parent and its Consolidated 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) certified by the chief executive officer or chief financial officer or chief accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAPGAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Consolidated Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of KPMG LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate report shall be unqualified and who shall have authorized the Borrower to deliver such financial statements in scope and certification thereof substance satisfactory to the Agent and the Lenders pursuant to this AgreementRequisite Lenders.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 95 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, common shareholders’ ' 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 in a form acceptable to the Securities and Exchange Commission and certified by (a) the chief financial officer or chief accounting officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results of operations for such period and (b) independent certified public accountants of recognized national standing acceptable to the Agent, whose certificate shall be unqualified and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Agent and the Lenders pursuant to this Agreement.