Common use of Annual Financial Statements Clause in Contracts

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the Borrower, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, as of the end of such fiscal year, together with retained earnings and a consolidated statement of cash flows for such fiscal year setting forth in comparative form figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a going concern or similar qualification.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerConsolidated Group, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, Consolidated Group as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a going concern or similar qualificationin any manner.

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the BorrowerMaker, a consolidated balance sheet Form 10-K as required to be filed with the Securities and income statement Exchange Commission (the “SEC”) under the Securities Act of the Borrower and its Subsidiaries1933, as amended, and the Securities Exchange Act of 1934, as amended (collectively, the end of “Acts”), which includes financial information required by such fiscal yearForm 10-K, together with retained earnings and a consolidated statement of cash flows for such fiscal year setting forth in comparative form figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by an independent certified registered public accountants accounting firm of recognized national standing reasonably acceptable to the Noteholder and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a going concern or similar qualificationin any respect.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and detail, audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the Borrower, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, Subsidiaries as of the end of such fiscal year, together with related statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a as to going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 105 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerCredit Parties, a consolidated balance sheet and income statement of the Borrower Credit Parties and its Subsidiaries, their Subsidiaries as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a going concern or similar qualificationin any manner.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerLessee, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, Lessee as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, in each case setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent, and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Lessee as a going concern or similar qualificationany other material qualifications or exceptions.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Lender and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and detail, audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationqualified or limited in any other material respect.

Annual Financial Statements. As soon as available, and in any event within 120 100 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, Consolidated Parties as of the end of such fiscal year, together with related consolidated statements of retained earnings and a consolidated statement of cash flows for such fiscal year year, in each case setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationany other material qualifications or exceptions.

Annual Financial Statements. As soon as available, and but in any event within 120 ninety (90) days after the close end of each fiscal year of the Borrower, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, Subsidiaries as of at the end of such fiscal year, together with retained earnings and a the related consolidated statement statements of income or operations, shareholders' equity and cash flows for such fiscal year year, in each case setting forth in comparative form the consolidated figures for the preceding previous fiscal year, all such financial information described above to be in reasonable form and detail and detail, audited by independent certified public accountants accounts of recognized national standing acceptable to the Lender and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) GAAP, and shall not be limited as to the scope of the audit or qualified by as to the status of the Borrower and its Subsidiaries as a “going concern or similar qualificationconcern”.

Annual Financial Statements. As soon as available, and in any event within 120 95 days after the close of each fiscal year of the BorrowerBorrowers, a consolidated balance sheet and income statement of the Borrower Borrowers and its Subsidiaries, their Subsidiaries as of the end of such fiscal year, together with a related consolidated income statement and related statements of cash flows, capitalization and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing and whose opinion opinion, which shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) ); provided that the Borrowers' Form 10-K Annual Report as filed with the Securities and shall not be limited as to Exchange Commission, without exhibits, will satisfy the scope requirements of the audit or qualified by a going concern or similar qualificationthis Section 7.1(a).

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationany other material qualifications or exceptions.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, Consolidated Parties as of the end of such fiscal year, together with related consolidated statements of retained earnings and a consolidated statement of cash flows for such fiscal year year, in each case setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationany other material qualifications or exceptions.

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the Borrower, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, as of the end of such fiscal year, together with retained earnings related consolidated statements of operations and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such consolidated financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agents and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a going concern or similar qualificationin any manner.

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the BorrowerConsolidated Parties, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the BorrowerParent, a consolidated balance sheet and income statement of the Borrower and its SubsidiariesConsolidated Parties, as of the end of such fiscal year, together with related consolidated statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form consolidated figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by as to the status of the Consolidated Parties as a going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the BorrowerBorrowers, a consolidated balance sheet and income statement of the Borrower Borrowers and its Subsidiaries, their Subsidiaries as of the end of such fiscal year, together with a related consolidated income statement and related statements of cash flows, capitalization and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing and whose opinion opinion, which shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) ); provided that the Borrowers' Form 10-K Annual Report as filed with the Securities and shall not be limited as to Exchange Commission, without exhibits, will satisfy the scope requirements of the audit or qualified by a going concern or similar qualificationthis Section 7.1(a).

Annual Financial Statements. As soon as available, and in any event within 120 days after the close of each fiscal year of the Borrower, a consolidated balance sheet and income statement of the Borrower and its Subsidiaries, Subsidiaries as of the end of such fiscal year, together with related statements of operations and retained earnings and a consolidated statement of cash flows for such fiscal year year, setting forth in comparative form figures for the preceding fiscal year, all such financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Lenders and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a as to going concern or similar qualificationconcern.

Annual Financial Statements. As soon as available, and in any event within 120 90 days after the close of each fiscal year of the Borrower, a consolidated balance sheet and income statement of the Borrower Credit Parties and its their Subsidiaries, as of the end of such fiscal year, together with retained earnings and a related consolidated statement statements of cash flows for such fiscal year year, setting forth in comparative form form, if practical, consolidated figures for the preceding fiscal year, all such consolidated financial information described above to be in reasonable form and detail and audited by independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent and whose opinion shall be furnished to the Administrative Agent, shall be to the effect that such financial statements have been prepared in accordance with GAAP (except for changes with which such accountants concur) and shall not be limited as to the scope of the audit or qualified by a going concern or similar qualificationin any manner.