Common use of Annual Financial Statements Clause in Contracts

Annual Financial Statements. As soon as available and in any event within ninety-five (95) days after the end of each Fiscal Year, the Borrower’s Consolidated Financial Statements as of the end of and for such Fiscal Year, audited by Borrower’s Accountants;

Appears in 8 contracts

Samples: Assignment and Assumption Agreement (Vornado Realty Lp), Term Loan Agreement (Vornado Realty Trust), Revolving Credit Agreement (Vornado Realty Lp)

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Annual Financial Statements. As soon as available and in any event within ninety-five (95) Within 100 days after of the end of each Fiscal YearBorrower’s fiscal year end, the Borrower’s Consolidated Financial Statements as of consolidated annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant acceptable to the end of and for such Fiscal Year, audited by Borrower’s Accountants;Agent.

Appears in 8 contracts

Samples: Credit Agreement (3m Co), Five Year Credit Agreement (3m Co), Credit Agreement (3m Co)

Annual Financial Statements. As soon as available and in any event within ninety-five ninety (9590) days after the end of each Fiscal Year, the Borrower’s Consolidated Financial Statements as of the end of and for such Fiscal Year, in reasonable detail and stating in comparative form the respective figures for the corresponding date and period in the prior Fiscal Year and audited by Borrower’s AccountantsAccountants (without a “going concern” or other extraordinary qualification or exception);

Appears in 8 contracts

Samples: Loan Agreement (Avalonbay Communities Inc), Term Loan Agreement (Avalonbay Communities Inc), Revolving Loan Agreement (Avalonbay Communities Inc)

Annual Financial Statements. As soon as available and in any event within ninety-five ninety (9590) days after the end of each Fiscal Year, the Borrower’s 's Consolidated Financial Statements as of the end of and for such Fiscal Year, in reasonable detail and stating in comparative form the respective figures for the corresponding date and period in the prior Fiscal Year and audited by Borrower’s 's Accountants;

Appears in 5 contracts

Samples: Revolving Loan Agreement (Avalonbay Communities Inc), Revolving Loan Agreement (Bay Apartment Communities Inc), Revolving Credit Agreement (Price Enterprises Inc)

Annual Financial Statements. As soon as available and in any event within ninety-five ninety (9590) days after the end of each Fiscal Yearfiscal year of Borrower, the Borrower’s Consolidated Financial Statements a balance sheet and income statement of Borrower as of the end of and for such Fiscal Yearfiscal year, in each case audited by Borrower’s Accountants;independent public accountants of recognized standing acceptable to Lender.

Appears in 4 contracts

Samples: Loan Agreement (Desert Capital Reit Inc), Loan Agreement (Craftmade International Inc), Loan Agreement (Calloways Nursery Inc)

Annual Financial Statements. As soon as available and in any event within ninety-five available, but not later than one hundred twenty (95120) days after the end of each Fiscal Yearfiscal year, (A) the Borrower’s Consolidated annual audited consolidated Financial Statements of the Loan Parties and their Subsidiaries for and as of the end of the prior fiscal year; (B) a comparison in reasonable detail to the prior year’s audited Financial Statements; and for such Fiscal Year, audited by Borrower’s Accountants;(C) the Auditors’ opinion without Qualification and a “Management Letter”.

Appears in 4 contracts

Samples: Loan and Security Agreement (Trade Desk, Inc.), Loan and Security Agreement (Trade Desk, Inc.), Loan and Security Agreement (Trade Desk, Inc.)

Annual Financial Statements. As soon as available and in any event within ninety-five ninety (9590) days after the end of each Fiscal Yearfiscal year of Borrower, the Borrower’s Consolidated Financial Statements a balance sheet and income statement of Borrower as of the end of such fiscal year, in each case audited and for such Fiscal Year, audited unqualified by Borrower’s Accountants;independent public accountants of recognized standing acceptable to Lender.

Appears in 4 contracts

Samples: Loan Agreement (Craftmade International Inc), Loan Agreement (Craftmade International Inc), Loan Agreement (Craftmade International Inc)

Annual Financial Statements. As soon as available practicable and in any event within ninety-five one hundred twenty (95120) days after the end close of each Fiscal YearYear of Borrower, the Borrower’s Consolidated Borrower shall deliver annual Audited “Consolidating” Financial Statements as of Borrower, including an audit of the end of and Accounts Receivable for such Fiscal Year, audited Year to be prepared by Borrower’s Approved Accountants;.

Appears in 4 contracts

Samples: Loan Agreement (Energy Services of America CORP), Loan Agreement (Energy Services of America CORP), Loan Agreement (Energy Services of America CORP)

Annual Financial Statements. As soon as available and in any event within ninety-five (95) Within 100 days after of the end of each Fiscal YearBorrower’s fiscal year end, the Borrower’s Consolidated Financial Statements as of consolidated annual financial statements. The statements must be audited with an unqualified opinion by a certified public accountant acceptable to the end of and for such Fiscal Year, audited by Borrower’s Accountants;Bank.

Appears in 3 contracts

Samples: Letter of Credit Agreement (3m Co), Letter of Credit Agreement (3m Co), Letter of Credit Agreement (3m Co)

Annual Financial Statements. As soon as available and in any event within ninety-five one hundred twenty (95120) days after the end of each Fiscal Yearfiscal year of Borrower, the Borrower’s Consolidated Financial Statements a consolidated and consolidating balance sheet and income statement of Borrower as of the end of such fiscal year, in each case the consolidated balance sheet and for such Fiscal Year, income statement audited by Borrower’s Accountants;independent public accountants of recognized standing acceptable to Lender.

Appears in 3 contracts

Samples: Loan Agreement (Us Home Systems Inc), Loan Agreement (Us Home Systems Inc), Loan Agreement (Us Home Systems Inc /Tx)

Annual Financial Statements. As soon as available and in any event within ninety-five one hundred (95100) days after the end of each Fiscal Year, the Borrower’s Consolidated Financial Statements financial statements of General Partner of Borrower as of the end of and for such Fiscal Year, in reasonable detail and stating in comparative form the respective figures for the corresponding date and period in the prior Fiscal Year, audited by Borrower’s its Accountants;

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Acadia Realty Trust), Acadia Realty Trust

Annual Financial Statements. As as soon as available and in any event within ninety-five ninety (9590) days after the end of each Fiscal Yearfiscal year of Borrower, beginning with the Borrower’s Consolidated Financial Statements fiscal year ending December 31, 2000, a balance sheet and income statement of Borrower and its consolidated Subsidiaries as of the end of and for such Fiscal Yearfiscal year, in each case audited by Borrower’s Accountantsindependent public accountants of recognized standing acceptable to Lender;

Appears in 1 contract

Samples: Loan Agreement (Spectra Physics Lasers Inc)

Annual Financial Statements. As soon as available and available, but in any event within ninety-one hundred and five (95105) days after the end close of each Fiscal Yearfiscal year of Borrowers, the Borrower’s Consolidated Financial Statements as a copy of the end of and annual audit report for such Fiscal Yearyear for Borrowers and the Subsidiaries, audited by Borrower’s Accountants;including therein: (A) consolidated statements of stockholders'

Appears in 1 contract

Samples: Credit Agreement (Silicon Valley Group Inc)

Annual Financial Statements. As soon as available practicable, and in any event within ninety-five ninety (9590) days after the end fiscal year of each Fiscal Yearthe Borrower commencing with fiscal year ending December 31, 2001, the Borrower’s Consolidated Financial Statements as of the end of and for such Fiscal Yearfollowing audited consolidated financial statements, audited by an independent accountant and certified by the Borrower’s Accountants;'s President or Chief Financial Officer:

Appears in 1 contract

Samples: Loan Agreement (Castleguard Energy Inc)

Annual Financial Statements. As soon as available and in any event within ninety-five (95) days after the end of each Fiscal Year, commencing with the Fiscal Year ending December 31, 2022, the Borrower’s Consolidated Financial Statements as of the end of and for such Fiscal Year, audited by Borrower’s Accountants;

Appears in 1 contract

Samples: Term Loan Agreement (Vornado Realty Lp)

Annual Financial Statements. As as soon as available and in any event within ninety-five one hundred twenty (95120) days after the end of each Fiscal Yearfiscal year of the Borrower, the Borrower’s Consolidated Financial Statements as audited annual consolidated financial statements of the end Borrower (accompanied with the relevant consolidated spread sheets), containing comparative consolidated financial statements for the previous year (including the statements of financial position, of earnings, of comprehensive income, of changes in equity and for such Fiscal Year, audited of cash flows) certified by Borrower’s Accountantsindependent chartered accountants of recognized national standing;

Appears in 1 contract

Samples: Credit Agreement

Annual Financial Statements. As soon as available available, and in any event within ninety-five (95) 120 days after the end of each Fiscal Year, commencing with the Borrower’s Consolidated Financial Statements as Fiscal Year in which the Closing Date occurs, audited consolidated financial statements of the end of and Group for such that Fiscal Year, audited by Borrower’s Accountants;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

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Annual Financial Statements. As soon as available and in any event within ninety-five (95) 120 days after the end of each Fiscal Yearfiscal year of Borrower, audited financial statements, consisting of balance sheets of the Borrower’s Consolidated Financial Statements Companies as of at the end of such year, presented on a consolidated basis, and for such Fiscal Year, audited by Borrower’s Accountants;the related

Appears in 1 contract

Samples: Revolving Credit Agreement (Discount Auto Parts Inc)

Annual Financial Statements. As soon as available and in any event ----------------------------- within ninety-five ninety (9590) days after the end of each Fiscal Year, fiscal year of the Borrower’s Consolidated , Financial Statements as of the end of Borrower and its Subsidiaries for such Fiscal Year, audited by Borrower’s Accountants;fiscal year. (c)

Appears in 1 contract

Samples: Credit Agreement (Weingarten Realty Investors /Tx/)

Annual Financial Statements. As soon as available and in any event within ninety-five (95) days after the end of each Fiscal Year, commencing with the Fiscal Year ending December 31, 2018, the Borrower’s Consolidated Financial Statements as of the end of and for such Fiscal Year, audited by Borrower’s Accountants;

Appears in 1 contract

Samples: Term Loan Agreement (Vornado Realty Lp)

Annual Financial Statements. As soon as available practicable and in any --------------------------- event within ninety-five ninety (9590) days after the end close of each Fiscal Yearfiscal year of the Borrower, the Borrower’s Borrower shall deliver to each Lender an audited balance sheet, income statement, statement of shareholders' equity, and statement of cash flows of the Borrower and its Subsidiaries, on a Consolidated Financial Statements basis, as of at the end of and for such Fiscal Yearthe fiscal year just closed, audited by Borrower’s Accountants;setting forth the corresponding figures for the previous fiscal year in comparative form, all in reasonable detail, and certified (without any

Appears in 1 contract

Samples: Revolving Credit Agreement (Specialty Products & Insulation Co)

Annual Financial Statements. As soon as available and in any event within ninety-five Within ninety (9590) days after the end close of each Fiscal Year, the Borrower’s Consolidated annual Financial Statements as of Borrower, on a consolidated basis (in the end of and for such Fiscal Yearform provided to the Commission on Borrower's Form 10K), audited and certified without qualification by Borrower’s Accountants;the Accountants and accompanied by a statement that, in the course of their audit (conducted in accordance with generally accepted auditing

Appears in 1 contract

Samples: Credit Agreement (Pacific Gulf Properties Inc)

Annual Financial Statements. As soon as available and in any event within ninety-five (95) days after the end of each Fiscal Year, the Borrower’s 's Consolidated Financial Statements as of the end of and for such Fiscal Year, audited by Borrower’s 's Accountants;

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Vornado Realty Trust)

Annual Financial Statements. As soon as available available, and in any event within ninety-five (95) 120 days after the end of each Fiscal Year, the Borrower’s Consolidated Financial Statements as Year of the end Parent, commencing with the Fiscal Year in which the Closing Date occurs, audited consolidated financial statements of and the Group for such that Fiscal Year, audited by Borrower’s Accountants;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

Annual Financial Statements. As soon as available and in any event within ninety-five ninety (9590) days after the end of each Fiscal Year, the Borrower’s Consolidated Financial Statements as of the end of and for such Fiscal Year, in reasonable detail and stating in comparative form the respective figures for the corresponding date and period in the prior Fiscal Year and audited by Borrower’s Accountants;

Appears in 1 contract

Samples: Revolving Loan Agreement (Avalonbay Communities Inc)

Annual Financial Statements. As soon as available and in any --------------------------- event within ninety-five ninety (9590) days after the end of each Fiscal Year, fiscal year of the Borrower’s Consolidated , Financial Statements as of the end of Borrower and its Subsidiaries for such Fiscal Year, audited by Borrower’s Accountants;fiscal year.

Appears in 1 contract

Samples: Credit Agreement (Weingarten Realty Investors /Tx/)

Annual Financial Statements. As soon as available and and, in any event event, within ninety-five one hundred twenty (95120) days after the end of each Fiscal Year, fiscal year of the Borrower’s Consolidated Financial Statements Borrower (i) audited financial statements consisting of consolidated statements of financial position of the Borrower as of the end of and for such Fiscal Year, audited by Borrower’s Accountants;the

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

Annual Financial Statements. As soon as available within one hundred and in any event within ninety-five twenty (95120) days after the end of each Fiscal Yearfinancial year of the Borrower, the Borrower’s Consolidated Financial Statements as audited annual consolidated financial statements (including management discussion and analysis) of the end Borrower certified by its Auditors and the unaudited non consolidated annual financial statements of each Obligor, containing comparative consolidated financial statements for the previous year, including balance sheet, statement of income and for such Fiscal Year, audited by Borrower’s Accountantsstatement of changes in financial position;

Appears in 1 contract

Samples: Credit Agreement (Alithya Group Inc)

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