Annual. As soon as available and in any event within 90 days after the close of each fiscal year of Borrower, or within such further time as Lender may permit, consolidated and consolidating audited financial statements for Parent, Borrower and the Subsidiaries, including a balance sheet and related profit and loss statement, prepared in accordance with GAAP consistently applied throughout the periods reflected therein. Such financial statements shall be accompanied by the unqualified opinion of Borrower’s accountant or other independent certified public accountants reasonably acceptable to Lender.
Annual. Meetings of the stockholders for the purpose of electing Directors, and transacting such other proper business as may be brought before the meeting, shall be held annually at such date, time and place, within or without the State of Delaware as may be designated by the Board of Directors ("Board").
Annual. As soon as available, but in any event not more than 75 days after the close of each fiscal year of Borrower, the annual report of Borrower filed on Form 10-K with the SEC and the consolidated audited financial statements for Borrower and the Subsidiaries, including a balance sheet and related profit and loss statement, prepared in accordance with GAAP consistently applied throughout the periods reflected therein, which financial statements shall be accompanied by the unqualified opinion of Borrower’s Accountant, which opinion shall not be subject to any “going concern” or like qualification or exception or any qualification or exception as to the scope of such audit.
Annual. As soon as practicable and in any event within ninety (90) days after the end of each Fiscal Year, audited consolidated and unaudited consolidating statements of income, retained earnings and cash flow of Rail and its Subsidiaries (other than Excluded Subsidiaries) for such Fiscal Year, and an audited consolidated and unaudited consolidating balance sheet of Rail and its Subsidiaries (other than Excluded Subsidiaries) as of the end of such Fiscal Year, setting forth in each case, in comparative form, corresponding figures for the period covered by the preceding annual balance sheets (in the case of statements) and as of the end of the preceding Fiscal Year (in the case of balance sheets), and, in the case of audited statements, all in reasonable detail and audited by independent certified public accountants selected by Rail and reasonably satisfactory to Agent (the "Auditors"), whose opinion shall be satisfactory to Agent, and Rail shall use its best efforts to cause such opinion to be the subject of a reliance letter from such accountants permitting Agent, Lenders and the Issuing Bank to rely on the contents thereof as if prepared specifically for use by Agent, Lenders and the Issuing Bank.
Annual. As soon as reasonably practicable after the end of each fiscal year of the Partnership, the General Partner shall cause to be mailed to each Partner reports containing financial statements of the Partnership for such fiscal year, presented on cash or accrual basis, including a balance sheet and statement of income and, if the General Partner shall so determine in its sole discretion, such statements may be audited by a firm of independent public accountants selected by the General Partner.
Annual. As soon as available, but in any event within 90 days after the end of each fiscal year of Holdings, (i) the consolidated balance sheet of Holdings as of the end of such fiscal year and related consolidated statements of income, cash flows and shareholders’ equity for such fiscal year, and notes thereto, all prepared in a manner acceptable to the SEC and accompanied by an opinion of KPMG LLP or other independent public accountants of recognized national standing (which opinion shall not be qualified as to scope or contain any going concern or other qualification), stating that such financial statements fairly present, in all material respects, the consolidated financial condition, results of operations, cash flows and changes in shareholders’ equity of Holdings and its consolidated Subsidiaries as of the end of and for such fiscal year in accordance with GAAP; and (ii) a management’s discussion and analysis of the financial condition and results of operations for such fiscal year, as compared to the previous fiscal year; and