Common use of Annual Audited Financial Statements Clause in Contracts

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred and eighty (180) days after the last day of Borrower’s Borrowers’ fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankHSBC in its reasonable discretion;

Annual Audited Financial Statements. As soon as availableprovided to Borrower Representative’s lead investor, but in no event later than one hundred eighty twenty (180120) days after the last day of BorrowerBorrower Representative’s fiscal year, audited consolidated financial statements prepared under in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;Agent, together with any management letter with respect thereto.

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated and consolidating financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, (i) audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion, and (ii) a duly completed Compliance Certificate signed by a Responsible Officer; provided that the audit financial statements for fiscal year 2011 shall be due on or before September 30, 2012;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) 150 days after the last day of BorrowerBorrower Representative’s fiscal year, audited consolidated financial statements prepared under in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;Administrative Agent, together with any management letter with respect thereto.

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrower’s fiscal year, audited consolidated consolidating financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one two hundred eighty seventy (180270) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion; provided however, that the audited financial statements for the fiscal year ended December 31, 2010 shall be due no later than December 31, 2011;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) and in any event within 120 days after following the last day end of BorrowerXxxxxxxx’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification with respect to “going concern”) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of each of Borrower’s fiscal yearyears, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent in its reasonable discretion (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an Ernst & Young LLP, any “Big Four” accounting firm, or any other independent certified public accounting firm reasonably acceptable to BankBank (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than any qualifications with respect to “going-concern”) on the financial statements from an a nationally-recognized independent certified public accounting firm reasonably acceptable to Bankfirm;

Annual Audited Financial Statements. As soon as available, but no later than one two hundred eighty ten (180210) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank in its reasonable discretion. Notwithstanding the foregoing, Borrower shall deliver to Bank;, on or before February 28, 2015, its audited financial statements (i) for the fiscal year ended January 31, 2013, and (ii) for the fiscal year ended January 31, 2014.

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an PricewaterhouseCoopers LLP or another independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than and in any event within one hundred eighty (180) days after following the last day end of BorrowerParent’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, commencing with Borrower’s fiscal year ending December 31, 2020, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification with respect to going concern) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankCollateral Agent and the Lenders;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankLender in its reasonable discretion (it being agreed that any of the eight largest U.S. accounting firms are acceptable to Lender), and a letter from Borrower’s management containing representations concerning the audited statements (if prepared);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a “going concern” qualification) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankLender in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty and in any event within ninety (18090) days after following the last day end of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent and the Lenders;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) [****] days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty One Hundred Eighty (180) days after the last day of Borrowerthe Company’s fiscal year, the Company shall deliver to Holder, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably selected by the Company and acceptable to Bank;the Company’s Board of Directors.

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, beginning with Borrower’s fiscal year ending December 31, 2019, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification as to going concern typical for venture backed companies similar to Borrower) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (which may be qualified as to the status of Borrower as a going concern) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank in its reasonable discretion, provided that Ernst & Young LLP and any other regional or nationally recognized certified public accounting firm shall be deemed to be acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one one-hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (or qualified only for going concern so long as Borrower’s investors provide additional equity as needed) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankLender in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty eight (180) days after the last day of Borrower’s fiscal year (beginning with the 2012 fiscal year), audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankLender in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s Borrowers’ fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAPGAAP (expressed in Canadian Dollars), consistently applied, together with an unqualified opinion (other than with respect to a going concern qualification for Borrower’s 2013 and 2014 fiscal years) on the financial statements from an independent certified public accounting audit firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s Borrowers’ fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion; provided however for the 2009 fiscal year such audited financial statements shall be delivered to Bank no later than August 31, 2010;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements of Borrower prepared under in accordance with GAAP, consistently applied, together with an unqualified opinion on the such financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal yearyear (beginning with Borrower’s fiscal year ending December 31, 2011), audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) and in any event within 180 days after following the last day end of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one two hundred eighty seventy (180270) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank (provided, however, Borrower’s unqualified opinion on financial statements may contain a qualification as to going concern typical for venture backed companies similar to Borrower);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements of Borrower and Guarantor prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting audit firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal yearyear (commencing with Borrower’s fiscal year ended December 31, 2018), audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than qualification as to going concern typical for venture backed companies similar to Borrower) on the financial statements from an any “Big Four” accounting firm or any other independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than within one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent (it being understood and agreed that Deloitte and any other public accounting firm of nationally recognized standing is acceptable to Agent);

Annual Audited Financial Statements. As soon as available, but no later than and in any event within one hundred and eighty (180) days after following the last day end of BorrowerXxxxxxxx’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;; (g)

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrowerthe Company’sParent’s fiscal yearyear or within five (5) days of filing with the SEC, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification with respect to a “going-concern” that is typical to the Company’sParent’s stage of development) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bankfirm;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bankthe Required Lenders in their reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than as to a “going concern” qualification typical for companies similar to Borrower) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of each fiscal year of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;.

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an Deloitte or another independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one and in any event within two hundred eighty ten (180210) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (provided, however, Borrower’s unqualified opinion on financial statements may contain a qualification as to going concern typical for venture backed companies similar to Borrower) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAPin accordance with GAAP (except as calculations may vary from GAAP pursuant to Section 1 of this Agreement), consistently appliedapplied except as explained in an accompanying letter or footnotes, together with an unqualified opinion on the financial statements from an Ernst & Young or another independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s 's fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion and a duly completed Compliance Certificate signed by a Responsible Officer;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) and in any event within 180 days after following the last day end of Lead Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after following the last day end of Borrower’s fiscal year, beginning with Borrower’s fiscal year ended December 31, 2016, audited consolidated financial statements consistent with those filed with the SEC prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an Deloitte & Touche LLP or any other independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of BorrowerXxxxxxxx’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank (except the opinion may contain a qualification as to going concern relating solely to sufficient liquidity that is typical for venture backed companies);

Annual Audited Financial Statements. As soon as available, but no later than one and in any event within one-hundred and eighty (180) days after following the last day end of Borrower’s fiscal year, audited consolidated and consolidating financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;an

Annual Audited Financial Statements. As soon as available, but no later than one hundred and eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion; provided, that the audited consolidated financial statements for 2008, 2009 and 2010 shall be delivered not later than August 31, 2011;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) 90 days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank and a Compliance Certificate;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion and a duly completed Compliance Certificate signed by a Responsible Officer;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of BorrowerParent’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one two hundred eighty ten (180210) days after the last day of Borrower’s 's fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified a qualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrowerthe Company’sParent’s fiscal yearyear or within five (5) days of filing with the SEC, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification with respect to a “going-concern” that is typical to the Company’sParent’s stage of development) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;firm; ​

Annual Audited Financial Statements. As soon as available, but no later than one and in any event within one-hundred and eighty (180) days after following the last day end of Borrower’s fiscal year, audited consolidated and consolidating financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of BorrowerXxxxxxxx’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank (the “Annual Audited Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after following the last day end of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent, it being agreed and acknowledged that Ernst & Young is acceptable to Agent and the Lenders;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s 's fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (except a “going concern” exception as may be required as a result of the maturity of the Revolving Line) on the financial statements from an Ernst & Young LLP or another independent certified public accounting firm reasonably acceptable to Bankof recognized national standing;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty Within ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bankfirm;

Annual Audited Financial Statements. As soon as available, but no later than one and in any event within two hundred eighty ten (180210) days after the last day of Borrower’s Holdings’ fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (provided, however, Holdings’ unqualified opinion on financial statements may contain a qualification as to going concern typical for venture backed companies similar to Holdings) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent;”

Annual Audited Financial Statements. As soon as available, but no later than within one hundred and eighty (180) days after the last day of Borrowereach Obligor’s fiscal financial year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s its fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAdministrative Agent;

Annual Audited Financial Statements. As soon as available, but no later than and in any event within one hundred eighty (180) days after following the last day end of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than and in any event within one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bankfirm;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal yearyear (commencing with the fiscal year ending December 31, 2012), audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred and eighty (180) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion; provided, that the audited consolidated financial statements for 2008, 2009 and 2010 shall be delivered not later than September 30, 2011;”

Annual Audited Financial Statements. As soon as available, but no later than the earlier of (i) one hundred eighty fifty (180150) days after the last day of Borrower’s fiscal yearyear and (ii) within five (5) days of filing with the SEC, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an BDO USA, LLP or another independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s Borrowers’ fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bankthe Agent in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrower’s fiscal yearyear (after the Initial Public Offering, within five (5) days of filing with the SEC), audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an Deloitte and Touche LLP or such other independent certified public accounting firm reasonably acceptable to BankBank (the “Annual Financial Statements”);

Annual Audited Financial Statements. As soon as available, but no later than one the earlier of (1) two hundred eighty seventy (180270) days after the last day of Borrower’s the fiscal yearyear of Borrower or (2) five (5) days after filing with the SEC, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty fifty (180150) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under 5741777v2 GAAP, consistently applied, together with an unqualified opinion (except for a “going concern” qualification) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than Within one hundred eighty twenty (180120) days after the last day of Borrower’s fiscal yearyear or as required by Borrower’s Board of Directors, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than the earlier of (i) one hundred eighty (180) days after the last day of Borrower’s fiscal yearyear or (ii) five (5) days after filing with the SEC, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than and in any event within one hundred eighty (180) days after following the last day end of each fiscal year of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty (180) 120 days after the last day of BorrowerBorrower Representative’s fiscal year, audited consolidated financial statements prepared under in accordance with GAAP, consistently applied, together with an unqualified (other than a qualification with respect to an upcoming maturity hereunder, if applicable) opinion on the financial statements from an a nationally recognized independent certified public accounting firm, or such other independent certified public accounting firm reasonably acceptable to Bank;, together with any management letter with respect thereto.

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of BorrowerParent’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but no later than within one hundred eighty (180) days after the last day of Borrower’s 's fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to BankAgent;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently appliedapplied (and which may be in the form of a “10-K” as filed with the SEC), together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty twenty (180120) days after the last day of Borrower’s 's fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bankthe Lenders;

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;Lender.

Annual Audited Financial Statements. As soon as available, but no later than one hundred eighty ninety (18090) days after the last day of Borrower’s fiscal year, audited consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;, it being agreed that each of Gxxxx Xxxxxxxx LLP, Deloitte Touche Tohmatsu Limited, PricewaterhouseCoopers LLP, Ernst & Young LLP or KPMG LLP is acceptable to Bank (“Annual Audited Financial Statements”).