Common use of Annual Audited Financials Clause in Contracts

Annual Audited Financials. As soon as available, and in any event within 90 days after the end of each fiscal year, financial information regarding the Originators and their respective Subsidiaries, certified by an Independent Accounting Firm in an unqualified report, consisting of consolidated and consolidating (i) balance sheets as of the close of such fiscal year and (ii) statements of income and cash flows for such fiscal year, setting forth in comparative form the figures for the prior fiscal year and the figures contained in the Projections for such fiscal year, all prepared in accordance with GAAP. Such financial information shall be accompanied by the certification of the Chief Financial Officer of Synnex that (A) such financial information presents fairly in accordance with GAAP the financial position and results of operations of the Originators and their respective Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such fiscal year and for the fiscal year then ended and (B) any other information presented is true, correct and complete in all material respects and that there was no Incipient Termination Event or Termination Event in existence as of such time or, if an Incipient Termination Event or Termination Event shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Incipient Termination Event or Termination Event. In addition, the Seller shall furnish, or cause to be furnished, to the Administrative Agent a Compliance Certificate with respect to such fiscal year as described in paragraph (c) below.

Appears in 1 contract

Samples: Purchase Agreement (Synnex Information Technologies Inc)

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Annual Audited Financials. As soon as available, and in any event within 90 days after the end of each fiscal year, financial information regarding the Originators Servicer and their respective its Subsidiaries, certified by an Independent Accounting Firm in an unqualified report, consisting of consolidated and consolidating (i) balance sheets as of the close of such fiscal year and (ii) statements of income and cash flows for such fiscal year, setting forth in comparative form the figures for the prior fiscal year and the figures contained in the Projections for such fiscal year, all prepared in accordance with GAAP. Such financial information shall be accompanied by the certification of the Chief Financial Officer of Synnex the Servicer that (A) such financial information presents fairly in accordance with GAAP the financial position and results of operations of the Originators Servicer and their respective its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such fiscal year and for the fiscal year then ended and (B) any other information presented is true, correct and complete in all material respects and that there was no Incipient Termination Event or Termination Event in existence as of such time or, if an Incipient Termination Event or Termination Event shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Incipient Termination Event or Termination Event. In addition, the Seller shall furnish, or cause to be furnished, to the Administrative Agent a Compliance Certificate with respect to such fiscal year as described in paragraph (c) below.

Appears in 1 contract

Samples: Purchase Agreement (Synnex Information Technologies Inc)

Annual Audited Financials. As soon as available, and in any event within 90 days after the end of each fiscal year, financial information regarding the Originators Servicer and their respective its Subsidiaries, certified by an Independent Accounting Firm in an unqualified report, consisting of consolidated and consolidating (i) balance sheets as of the close of such fiscal year and (ii) statements of income and cash flows for such fiscal year, setting forth in comparative form the figures for the prior fiscal year and the figures contained in the Projections for such fiscal year, all prepared in accordance with GAAP. Such financial information shall be accompanied by the certification of the Chief Financial Officer of Synnex the Servicer that (A) such financial information presents fairly in accordance with GAAP the financial position and results of operations of the Originators Servicer and their respective its Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such fiscal year and for the fiscal year then ended and (B) any other information presented is true, correct and complete in all material respects and that there was no Incipient Termination Event or Termination Event in existence as of such time or, if an Incipient Termination Event or Termination Event shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Incipient Termination Event or Termination Event. In addition, the Seller SellerServicer shall furnish, or cause to be furnished, to the Administrative Agent and each Purchaser Agent a Compliance Certificate with respect to such fiscal year as described in paragraph (c) below.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Synnex Corp)

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Annual Audited Financials. As soon as available, and in any event within 90 days after the end of each fiscal year, financial information regarding the Originators and their respective Subsidiaries, certified by an Independent Accounting Firm in an unqualified report, consisting of consolidated and consolidating (i) balance sheets as of the close of such fiscal year and (ii) statements of income and cash flows for such fiscal year, setting forth in comparative form the figures for the prior fiscal year and the figures contained in the Projections for such fiscal year, all prepared in accordance with GAAP. Such financial information shall be accompanied by the certification of the Chief Financial Officer of Synnex that (A) such financial information presents fairly in accordance with GAAP the financial position and results of operations of the Originators and their respective Subsidiaries, on a consolidated and consolidating basis, in each case as at the end of such fiscal year and for the fiscal year then ended and (B) any other information presented is true, correct and complete in all material respects and that there was no Incipient Termination Event or Termination Event in existence as of such time or, if an Incipient Termination Event or Termination Event shall have occurred and be continuing, describing the nature thereof and all efforts undertaken to cure such Incipient Termination Event or Termination Event. In addition, the Seller shall furnish, or cause to be furnished, to the Administrative Agent and each Purchaser Agent a Compliance Certificate with respect to such fiscal year as described in paragraph (c) below.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Synnex Corp)

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