Common use of Annual Financial Statements and Reports Clause in Contracts

Annual Financial Statements and Reports. Furnish to the Administrative Agent and each Lender, as soon as available and in any event within ninety (90) days after the end of each Fiscal Year of the Borrower, a consolidated balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, by Ernst & Young LLP or other independent public accountants acceptable to Requisite Lenders, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statement of income for such Fiscal Year, prepared by such accountants and certified by a Responsible Officer of the Borrower, together with (a) a certificate of a Responsible Officer of the Borrower stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, a statement as to the nature thereof and the action that the Borrower proposes to take with respect thereto, (b) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, and (c) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period.

Annual Financial Statements and Reports. Furnish For each of (i) the Borrower and its Subsidiaries, (ii) CPS, and (iii) PETNet, furnish to the Administrative Agent and each Lender, as soon as available and in any event within ninety one hundred twenty (90120) days after the end of each Fiscal Year of the BorrowerYear, a balance sheet) consolidated balance sheet as to the financial statements of the Borrower and its Subsidiaries Subsidiaries) as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows (consolidated as to the financial statements of the Borrower and its Subsidiaries Subsidiaries) for such Fiscal Year, audited and reported upon, without qualification, by Ernst & Young LLP or other independent certified public accountants acceptable to the Administrative Agent and Requisite Lenders, in their reasonable discretion, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statement statements of income and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, prepared by such accountants and certified by a Responsible Officer of the BorrowerOfficer, together with (a) a certificate of a Responsible Officer of Officer, in form satisfactory to the Borrower Administrative Agent and the Lenders, (1) stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, a statement as to stating the nature thereof and the action that the Borrower proposes either CTI and its Subsidiaries, CPS or PETNet, as applicable, propose(s) to take with respect thereto, and (b2) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, and (c) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period.

Annual Financial Statements and Reports. Furnish to the Administrative Agent and each Lender, as soon as available and in any event within ninety ninety-five (9095) days after the end of each Fiscal Year of the Borrower, a consolidated balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, by Ernst & Young KPMG LLP or other independent public accountants acceptable to Requisite LendersLenders in their sole discretion, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statement of income for such Fiscal Year, prepared by such accountants and certified by a Responsible Officer of the Borrower, together with (a) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period, and (b) a certificate of a Responsible Officer of the Borrower Borrower, in form satisfactory to the Administrative Agent and the Lenders, (1) stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, a statement as to stating the nature thereof and the action that the Borrower proposes to take with respect thereto, and (b2) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, and (c) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period.

Annual Financial Statements and Reports. Furnish to the Administrative Agent and each Lender, as soon as available and in any event within ninety (90) days after the end of each Fiscal Year of the BorrowerBorrower or, if applicable and earlier, within two (2) Business Days after the Borrower files with the Commission its Annual Report on Form 10-K for such Fiscal Year, a consolidated balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, upon by Ernst & Young LLP or other independent certified public accountants acceptable of nationally recognized standing (whose opinion shall not be limited as to Requisite Lendersscope or qualified as to going concern status or contain any other material qualifications or exceptions), accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statement of income for such Fiscal Year, prepared by such accountants and certified by a Responsible Officer of the Borrower, together with (a) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period, (b) a certificate of signed by a Responsible Officer of the Borrower Borrower, in form satisfactory to the Administrative Agent and the Lenders, stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, a statement as to stating the nature thereof and the action that the Borrower proposes to take with respect thereto, and (bc) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, setting forth computations Compliance Certificate demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, Year and (c) a written discussion and analysis by including the management of the Borrower of the financial statements furnished in respect of such annual fiscal periodother information required to be included therein.

Annual Financial Statements and Reports. Furnish to the Administrative Agent and each Lender, as soon as available and in any event within ninety (90) days after the end of each Fiscal Year of the Borrower, a consolidated balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, by Ernst & Young LLP or other independent public accountants acceptable to Requisite Lenders, accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year period and an unaudited consolidating statement of income for such Fiscal Year, prepared by such accountants and certified by a Responsible Officer of the Borrowerperiod, together with (a) a certificate of a Responsible Officer of the Borrower stating that no Default or Event of Default has occurred and is continuing or, if in the opinion of such officer, a Default or Event of Default has occurred and is continuing, a statement as to the nature thereof and the action that the Borrower proposes to take with respect thereto, (b) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, and (c) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period.

Annual Financial Statements and Reports. Furnish to the Administrative Agent and each Lender, as soon as available and in any event within ninety (90) days after the end of each Fiscal Year of the BorrowerBorrower or, if applicable and earlier, within two (2) Business Days after the Borrower files with the Commission its Annual Report on Form 10-K (or Form 10-KSB, if applicable) for such Fiscal Year, a consolidated balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows of the Borrower and its Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, upon by Ernst & Young LLP or other independent certified public accountants of nationally recognized standing who are reasonably acceptable to the Administrative Agent and Requisite LendersLenders (whose opinion shall not be limited as to scope or qualified as to going concern status or contain any other material qualifications or exceptions), accompanied by an unaudited consolidating balance sheet of the Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited consolidating statement of income for such Fiscal Year, prepared by such accountants and certified by a Responsible Officer of the Borrower, together with (a) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period, (b) a certificate of signed by a Responsible Officer of the Borrower Borrower, in form satisfactory to the Administrative Agent and the Lenders, stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has occurred and is continuing, a statement as to stating the nature thereof and the action that the Borrower proposes to take with respect thereto, and (bc) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, setting forth computations Compliance Certificate demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, Year and (c) a written discussion and analysis by including the management of the Borrower of the financial statements furnished in respect of such annual fiscal periodother information required to be included therein.

Annual Financial Statements and Reports. Furnish to the Administrative Agent and each Lender, as soon as available and in any event within ninety by the earlier of (90a) the date that is ninety-five (95) days after the end of each Fiscal Year of the Domestic Borrower, or (b) the date that is five (5) days after the date that the following are required to be furnished to the Commission: a consolidated balance sheet of the Domestic Borrower and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income, shareholders' equity and cash flows of the Domestic Borrower and its Subsidiaries for such Fiscal Year, audited and reported upon, without qualification, by Ernst & Young KPMG LLP or other independent public accountants acceptable to Requisite LendersLenders in their sole discretion, accompanied certified by an unaudited a Responsible Officer of the Domestic Borrower, together with (a) a supporting consolidating balance sheet of the Domestic Borrower and its Subsidiaries as of the end of such Fiscal Year and an unaudited the related supporting consolidating statement statements of income income, shareholders' equity and cash flow of the Domestic Borrower and its Subsidiaries for such Fiscal Year, prepared (b) a written discussion and analysis by such accountants and certified by a Responsible Officer the management of the BorrowerDomestic Borrower of the financial statements furnished in respect of such annual fiscal period, together with and (ac) a certificate of a Responsible Officer of the Borrower Domestic Borrower, in form satisfactory to the Administrative Agent and the Lenders, (1) stating that no Default has occurred and is continuing or, if in the opinion of such officer, a Default has 63 occurred and is continuing, a statement as to stating the nature thereof and the action that the Domestic Borrower proposes to take with respect thereto, and (b2) a certificate of a Responsible Officer of the Borrower, in form satisfactory to the Administrative Agent and the Lenders, setting forth computations demonstrating compliance with all financial covenants contained herein as of the end of such Fiscal Year, and (c) a written discussion and analysis by the management of the Borrower of the financial statements furnished in respect of such annual fiscal period.