4Financial Statements. If Seller provides a Seller Guaranty as Credit Support, Seller shall provide Purchaser with quarterly unaudited and annual audited financial statements as to the Seller Guarantor (unless the same are publicly available) within sixty (60) Days after the end of each applicable calendar quarter and within one hundred and twenty (120) Days after the end of each applicable calendar year until the Seller Guaranty is released in accordance with Section 16.6. If no Seller Guaranty is then in effect, Seller shall provide Purchaser with quarterly unaudited and annual audited financial statements as to the Seller (unless the same are publicly available) within sixty (60) Days after the end of each applicable calendar quarter and within one hundred and twenty (120) Days after the end of each applicable calendar year until the Credit Support is released or returned pursuant to Section 16.6.
4Financial Statements. If Seller provides a Seller Guaranty as Credit Support, Seller shall provide Company as to the Seller Guarantor (unless the same are publicly available) the same financial statements, reports and deliverables, and at the same times, as are required to be delivered for Seller pursuant to Sections 10.3(a) and (b) until the Seller Guaranty is released in accordance with Section 12.6.
4Financial Statements. If Contractor provides a Contractor Guaranty as Credit Support, Contractor shall provide Owner with quarterly unaudited and annual audited financial statements as to the Contractor Guarantor (unless the same are publicly available) within sixty (60) days after the end of each applicable calendar quarter and within one hundred and twenty (120) days after the end of each applicable calendar year until the Contractor Guaranty is released in accordance with Section 15.6. If no Contractor Guaranty is then in effect, Contractor shall provide Owner with quarterly unaudited and annual audited financial statements as to the Contractor (unless the same are publicly available) within sixty (60) days after the end of each applicable calendar quarter and within one hundred and twenty (120) days after the end of each applicable calendar year until the Credit Support is released or returned pursuant to Section 15.6.
4Financial Statements. (a)The unaudited balance sheets and profit & loss statements of Ablis provided to Buyer ("The Financial Statements") present fairly in all material respects the financial position and results of operations and cash flows of Ablis as of the dates and for the periods covered by The Financial Statements, and are in agreement with the books and records of Ablis in all material respects.
4Financial Statements. (a) Company has provided to Parent a correct and complete copy of the audited consolidated financial statements (including any related notes thereto) of Company for the fiscal year ended December 31, 2005 (the “Audited Financial Statements”). The Audited Financial Statements were prepared in accordance with generally accepted accounting principles of the United States (“GAAP”) applied on a consistent basis throughout the periods involved (except as may be indicated in the notes thereto), and each fairly presents in all material respects the financial position of Company at the respective dates thereof and the results of its operations and cash flows for the periods indicated.
4Financial Statements. Schedule 3.4 sets forth true and complete copies of a balance sheet reflecting the assets and liabilities of the Project (the “Financial Statements”). The Financial Statements have been prepared in good faith based upon the Records and reflect the financial position of the Project and the Acquired Company.
4Financial Statements. All balance sheets, statements of profit and loss, and/or other financial data that have been given to Lender with respect to the Borrower (i) are complete and correct in all material respects, (ii) fairly present the financial condition of the Borrower as of the dates thereof, and the results of its or their operations, for the periods for which the same have been furnished and (iii) have been prepared in accordance with GAAP consistently applied throughout the periods covered thereby. All balance sheets (including the footnotes thereto) disclose or reserve against all known liabilities, direct and contingent, as of their respective dates. There has been no change in the condition of the Borrower, financial or otherwise, since the date of the most recent financial statements given to Lender with respect to the Borrower, other than changes in the ordinary course of business, none of which changes has been materially adverse.
4Financial Statements. The reviewed balance sheets of Valencia as of September 30, 2000 and reviewed statements of operations and cash flows for the 9 months ended September30, 2000, the audited balance sheets of Valencia as of December 31, 1999 and audited statements of operations and cash flows for the 12 months ended December 31, 1999, and the audited balance sheets as of December 31, 1998 and audited statements of operations and cash flows for the 12 months ended December 31, 1998 (collectively, the "Valencia Financial Statements") (a) are complete and correct in all material respects, (b) were prepared in accordance with generally accepted accounting principles consistently applied throughout the periods indicated, and (c) fairly and accurately present the financial condition and results of operations of Valencia as of the relevant dates thereof and for the periods covered thereby.
4Financial Statements. (a)The Borrower has furnished to each Lender (i) the audited consolidated balance sheet of the Borrower and its Subsidiaries as of December 31, 2019, and the related audited consolidated statements of income, shareholders’ equity and cash flows for the Fiscal Year then ended, prepared by Ernst & Young LLP and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries as of March 31, 2020 and the related unaudited consolidated statements of income and cash flows for the Fiscal Quarter and year-to-date period then ended, certified by a Responsible Officer. Such financial statements fairly present, in all material respects the, consolidated financial condition of the Borrower and its Subsidiaries as of such dates and the consolidated results of operations for such periods in conformity with GAAP consistently applied, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) and show all material Indebtedness and other liabilities, direct or contingent, of the Borrower and its Subsidiaries as of the date thereof. None of the Borrower or any of its Subsidiaries has on the date hereof any material contingent liabilities, material liabilities for taxes, material unusual forward or long-term commitments or material unrealized or anticipated losses from any unfavorable commitments, except as referred to or reflected or provided for in said balance sheets as at said dates. Since December 31, 2019, there have been no changes with respect to the Borrower and its Subsidiaries which have had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.
4Financial Statements. The Company agrees to deliver all financial statements requested by the Buyer for the purposes of financial review and for the Buyer’s audit. The Financial Statements shall be complete and correct in all material respects and fairly present the financial condition, results of operations, changes in stockholder’s equity, and cash flow of the Company as at the respective dates thereof and for the periods referred to therein, all in accordance with GAAP.
