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: Revolving Credit Agreement (Vornado Realty Lp), Revolving Credit Agreement (Vornado Realty Lp), Revolving Credit Agreement (Vornado Realty Lp)

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

Annual Financial Statements. As soon as available possible after the end of each fiscal year of Borrower, 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, audited by Borrower’s Accountants;thereafter:

Appears in 5 contracts

Samples: Loan and Security Agreement (Jones Soda Co), Loan and Security Agreement (Jones Soda Co), Loan and Security Agreement (Amincor, 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 Loan Agreement (Bay Apartment Communities 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 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 (Calloways Nursery Inc), Loan Agreement (Calloways Nursery 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 possible after the end of each fiscal year of Borrower, 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, audited by Borrower’s Accountants;thereafter:

Appears in 4 contracts

Samples: Loan and Security Agreement (Emagin Corp), Loan and Security Agreement (Synthetech Inc), Loan and Security Agreement (Synthetech Inc)

Annual Financial Statements. As soon as available and in any event within ninety-one hundred five (95105) 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 2 contracts

Samples: Loan Agreement, Loan Agreement (Equus Ii Inc)

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 soon as available and in any event within ninety-five ninety (9590) days after the end of each Fiscal Year, the BorrowerXxxxxxxx’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 BorrowerXxxxxxxx’s AccountantsAccountants (without a “going concern” or other extraordinary qualification or exception);

Appears in 1 contract

Samples: Term Loan Agreement (Avalonbay Communities Inc)

Annual Financial Statements. As soon as available and in any ----------------------------- event within ninety-five (95) 90 days after the end of each Fiscal Yearfiscal year, 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 1 contract

Samples: Interim Loan Agreement (Iexalt 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 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 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;Auditors.

Appears in 1 contract

Samples: Loan Agreement (Craftmade International Inc)

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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 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 (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 (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 soon as available and in any event within ninety-five (95) 120 days after the end of each Fiscal Year, fiscal year of Borrower financial statements of Borrower reasonably detailed and stating in comparative form the respective figures for the corresponding date and period in the prior fiscal year and prepared in accordance with GAAP and accompanied by an opinion thereon reasonably satisfactory to Lender by the Borrower’s Consolidated Financial Statements as of the end of and for such Fiscal Year, audited by Borrower’s Accountants;'s independent public accountant.

Appears in 1 contract

Samples: Loan Agreement (Artistic Greetings Inc)

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-five not later than ninety (9590) days after the end of each Fiscal Year, a copy of the Borrower’s Borrower 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 the Accountants;

Appears in 1 contract

Samples: Credit Agreement (Urban Shopping Centers 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 ninety (9590) days after the end of each Fiscal Year, the BorrowerBxxxxxxx’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 BorrowerBxxxxxxx’s AccountantsAccountants (without a “going concern” or other extraordinary qualification or exception);

Appears in 1 contract

Samples: Revolving Loan Agreement (Avalonbay Communities Inc)

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