Common use of Annual Audited Financial Statements Clause in Contracts

Annual Audited Financial Statements. As soon as available, but in any event within ninety (90) days after the end of Borrower's fiscal year, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with GAAP, consistently applied, together with an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such audit;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements of the Loan Parties and their Subsidiaries Financial Statements prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or on such other consolidated statements rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety one hundred and twenty (90120) days after the end close of Borrower's each fiscal yearyear beginning with the fiscal year ended December 31, 2001, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrowers, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements and unaudited consolidating Financial Statements of the Loan Parties and their Subsidiaries Company, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or on such other consolidated statements rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end of each fiscal year of Borrower's fiscal year, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrower, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of on such consolidated statements rendered by KPMG LLP or such other another independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such audit;Agent; (ii)

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal year, audited beginning with the fiscal year ended June 30, 2004, the annual, audited, consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrowers, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as ----------------------------------- available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal yearyear beginning with the fiscal year ended December 31, 1997, the annual audited consolidated financial statements and consolidating Financial Statements of the Loan Parties and their Subsidiaries Borrowers, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but in any event within ninety (90) days after the end of Borrower's ’s fiscal year, audited consolidated and consolidating (if prepared) financial statements of the Loan Parties and their Subsidiaries Borrower prepared in accordance with GAAP, consistently applied, together with an opinion which is unqualified opinion (including no going-concern comment or qualification) or otherwise consented to in writing by Bank on such financial statements of KPMG LLP or such other an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditBank;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal yearyear beginning with the fiscal year ended December 31, 1998, the annual audited consolidated financial statements and consolidating Financial Statements of the Loan Parties and their Subsidiaries Guarantor, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Company prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or on such other consolidated statements rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrower, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or on such other consolidated statements rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within the earlier of (i) ninety (90) days after following the end of Borrower's each fiscal yearyear of Borrower and (ii) five (5) Business Days of filing/reporting the same with the SEC, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with under GAAP, consistently applied, together with an unqualified opinion (including no going-provided that such unqualified opinion may contain a going concern qualificationqualification typical for venture backed companies similar to Borrower) of KPMG LLP or such other on the financial statements from an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditBank;

Annual Audited Financial Statements. As soon as ----------------------------------- available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal yearyear beginning with the fiscal year ended December 31, 1996, the annual audited consolidated financial statements and consolidating Financial Statements of the Loan Parties and their Subsidiaries Borrowers, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety one hundred and twenty (90120) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrower, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or on such other consolidated statements rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Company, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or on such other consolidated statements rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but ----------------------------------- and in any event within ninety (90) days after the end close of Borrower's each fiscal yearyear beginning with the fiscal year ended December 31, 2000, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrowers, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety one hundred and twenty (90120) days after the end close of Borrower's each fiscal yearyear beginning with the fiscal year ended December 31, 1999, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrowers, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of each fiscal year beginning with the fiscal year ended September 30, 2006, the annual, audited, Financial Statements of Borrower's fiscal year, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with GAAP, consistently applied, GAAP together with an unqualified the report and opinion (including no going-concern qualification) thereon of KPMG LLP or such other a firm of independent certified public accounting firm or other accounting firm as may be reasonably accountants acceptable to the Bank and without any qualification or exception as to the scope of such auditat its reasonable discretion;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after following the end of Borrower's Xxxxxxxx’s fiscal year, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with under GAAP, consistently applied, together with an unqualified opinion (including no going-other than a going concern qualificationqualification based solely on the Obligations maturing within the next twelve (12) of KPMG LLP or such other months) on the financial statements from an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditBank;

Annual Audited Financial Statements. As soon as available, but and in any event within ninety one hundred twenty (90120) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements Consolidated Financial Statements of the Loan Parties and their Subsidiaries Borrower, prepared by the Borrower in accordance with GAAP, consistently applied, together with GAAP and audited by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;

Annual Audited Financial Statements. As soon as available, but ----------------------------------- and in any event within ninety (90) days after the end close of each fiscal year beginning with the fiscal year ended December 31, 1998, the annual audited consolidated and consolidating Financial Statements of Borrower's fiscal year, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;