Common use of Annual Reporting Clause in Contracts

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 13 contracts

Samples: Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co)

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Annual Reporting. Within 90 days after the close of each of its respective fiscal years, to the extent not furnished under the Purchase Agreement, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for of Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal yearsyear, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agentaccountants.

Appears in 4 contracts

Samples: Guaranty (Silverleaf Resorts Inc), Guaranty (Silverleaf Resorts Inc), Silverleaf Resorts Inc

Annual Reporting. Within 90 120 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator and its Subsidiaries for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public accountants acceptable to the Agentof recognized national standing.

Appears in 4 contracts

Samples: Receivables Sale Agreement (Avnet Inc), Receivables Sale Agreement (Avnet Inc), Receivables Sale Agreement (Avnet Inc)

Annual Reporting. Within 90 120 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Avnet, and its Subsidiaries, for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agentof recognized national standing.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider the Parent and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent by Ernst & Young LLP, independent public accountants, or any other independent public accountants acceptable to the Agentof recognized national standing.

Appears in 4 contracts

Samples: Receivables Loan Agreement (Arcbest Corp /De/), Receivables Loan Agreement (Arkansas Best Corp /De/), Receivables Loan Agreement (Arcbest Corp /De/)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider itself and its consolidated subsidiaries for such fiscal year certified in a manner by independent public accountants reasonably acceptable to the Agent by independent public accountants acceptable to the and each Lender Group Agent.

Appears in 4 contracts

Samples: Credit and Security Agreement (Allied Waste Industries Inc), Credit and Security Agreement (Allied Waste Industries Inc), Credit and Security Agreement (Allied Waste Industries Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the AgentChief Financial Officer of the Seller.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Printpack Inc), Receivables Purchase Agreement (Yellow Corp), Receivables Purchase Agreement (JPF Acquisition Corp)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified audited and consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public accountants acceptable to Buyer (or its assigns), which certification shall state that such consolidated financial statements present fairly the Agentfinancial position for the periods indicated in conformity with GAAP applied on a basis consistent with prior years.

Appears in 4 contracts

Samples: Receivables Sale Agreement (Johnsondiversey Inc), Receivables Sale Agreement (Johnsondiversey Inc), Receivables Sale Agreement (Johnsondiversey Holdings Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Arch and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent Administrator by KPMG LLP, independent public accountants acceptable to the Agentor any other independent public accountants of recognized national standing.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Arch Chemicals Inc), Receivables Purchase Agreement (Arch Chemicals Inc), Receivables Purchase Agreement (Arch Chemicals Inc)

Annual Reporting. Within 90 105 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent Buyer (and its assigns) by independent public accountants acceptable to the AgentBuyer (and its assigns).

Appears in 3 contracts

Samples: Receivables Sale Agreement (Pennsylvania Electric Co), Receivables Sale Agreement (Pennsylvania Electric Co), Receivables Sale Agreement (Pennsylvania Power Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider such Originator and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent by KPMG or other independent public accountants acceptable to the Agentof nationally recognized standing.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Insight Enterprises Inc), Receivables Sale Agreement (Insight Enterprises Inc), Receivables Sale Agreement (Insight Enterprises Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Arch Chemicals and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by KPMG LLP, independent public accountants acceptable to the Agentor any other independent public accountants of recognized national standing.

Appears in 3 contracts

Samples: Receivables Sale Agreement (Arch Chemicals Inc), Receivables Sale Agreement (Arch Chemicals Inc), Receivables Sale Agreement (Arch Chemicals Inc)

Annual Reporting. Within 90 120 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Avnet and its Subsidiaries, for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agentof recognized national standing.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider International Paper and Borrower for such fiscal year certified in a manner acceptable to the Administrative Agent by independent public accountants acceptable to the Agentof recognized national standing.

Appears in 2 contracts

Samples: Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Anixter and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the each Managing Agent by Ernst & Young or other independent public accountants acceptable to the Agentof recognized national standing.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Anixter International Inc), Receivables Purchase Agreement (Anixter International Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated unaudited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent Managing Agents by independent public accountants acceptable to the Agentan Authorized Officer of Seller.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Johnsondiversey Holdings Inc), Receivables Purchase Agreement (Johnsondiversey Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, to the extent not furnished under the Purchase Agreement, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for of Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.. Exh. XI-19 FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, (A) in the case of the Sub-Servicer audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the AgentAgent and (B) in the case of the Seller, financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for such fiscal year.

Appears in 2 contracts

Samples: Receivables Sale Agreement, Receivables Purchase Agreement (Jabil Circuit Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year year, together with an unqualified audit report (in form satisfactory to the Agent) on such financial statements of, and certified in a manner acceptable to the Agent by by, PricewaterhouseCoopers LLP or other independent public accountants reasonably acceptable to the Agent.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Energizer Holdings Inc), Receivables Purchase Agreement (Energizer Holdings Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator Agent for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public accountants acceptable to the AgentBuyer (or its assigns).

Appears in 2 contracts

Samples: Receivables Sale Agreement (Adc Telecommunications Inc), Receivables Sale Agreement (Adc Telecommunications Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, to the extent not furnished under the Purchase Agreement, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for of Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.. FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows, each on a consolidated basis) for Provider the Performance Guarantor for such fiscal year certified in a manner acceptable to Buyer, the Agent and each Managing Agent by independent public accountants reasonably acceptable to Buyer, the Agent and each Managing Agent.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Timken Co), Receivables Sale Agreement (Timken Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider such Originator for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public accountants reasonably acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Louisiana Pacific Corp)

Annual Reporting. Within 90 120 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Weaxxxxxxxx xxd Seller for such fiscal year certified in a manner acceptable reasonably satisfactory to the Agent by independent public accountants acceptable to the Agentof recognized national standing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Weatherford International Inc /New/)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year certified in a manner acceptable to Buyer (and to the Agent and the Managing Agents, as Buyer's assignees) by Ernst & Young or other independent public accountants reasonably acceptable to Buyer (and to the AgentAgent and the Managing Agents, as Buyer's assignees).

Appears in 1 contract

Samples: Receivables Sale Agreement (Anixter International Inc)

Annual Reporting. Within 90 120 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent Buyer by independent public accountants acceptable to the AgentBuyer.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amkor Technology Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Arch and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent by KPMG Peat Marwick LLP, independent public accountants acceptable to the Agentor any other independent public accountants of recognized national standing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arch Chemicals Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider such Seller Party or its consolidated group for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (SCP Pool Corp)

Annual Reporting. Within 90 days after the close of each of its respective fiscal yearsyear, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement statements of cash flows) for Provider Parent and its Subsidiaries for such fiscal year certified in a manner by Deloitte & Touche LLP or by any other nationally recognized independent public accountants, which certification shall be free of exceptions and qualifications not acceptable to the Agent by independent public accountants acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Receivables Sale Agreement (Airborne Inc /De/)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by Xxxxxx Xxxxxxxx LLP or any other independent public accountants acceptable to the Agentof recognized national standing.

Appears in 1 contract

Samples: Receivables Sale Agreement (International Paper Co /New/)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider AGCO U.S. and its consolidated subsidiaries for such fiscal year certified in a manner reasonably acceptable to the Agent (or its assigns) by Artxxx Andxxxxx xx other independent public accountants reasonably acceptable to the AgentAgent (or its assigns).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Agco Corp /De)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Insight and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent by KPMG or other independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Insight Enterprises Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for such Seller Party and Provider for such fiscal year year, together with an unqualified audit report (in form satisfactory to the Agent) on such financial statements of, and certified in a manner acceptable to the Agent by by, PricewaterhouseCoopers LLP or other independent public accountants reasonably acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Energizer Holdings Inc)

Annual Reporting. Within 90 120 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year certified in a manner reasonably acceptable to the Agent Buyer (or its assigns) by independent public accountants acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Interface Inc)

Annual Reporting. Within Promptly upon the filing thereof, ---------------- and within 90 days after the close of each of its respective fiscal years, : (A) audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income earnings, stockholder's equity, and retained earnings and a statement of cash flows) for Provider of the Performance Guarantor for such fiscal year certified in a manner acceptable to the Agent year, accompanied by an opinion of independent public accountants acceptable to the Agentof recognized national standing, and (B) analogous unaudited balance sheets and statements of earnings for Borrower, certified by one of its Responsible Financial Officers.

Appears in 1 contract

Samples: Credit and Security Agreement (Mohawk Industries Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent Buyer by independent public accountants acceptable to the AgentBuyer.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Dean Foods Co/)

Annual Reporting. Within 90 days after the close of each of its respective such Person's fiscal years, audited, unqualified consolidated financial statements (which shall include a balance sheetssheet, statements a statement of income and retained earnings and a statement of cash flows) for Provider such Person for such fiscal year certified in a manner reasonably acceptable to the Agent by independent public accountants acceptable to the Agentan Authorized Officer of such Person.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cott Corp /Cn/)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, (A) in the case of the Servicer, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the AgentAgent and (B) in the case of the Seller, financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for such fiscal year.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Jabil Circuit Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Anixter and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the each Managing Agent by Ernst & Young or other independent public accountants reasonably acceptable to the each Managing Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Anixter International Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Anixter and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent by Exxxx & Yxxxx or other independent public accountants reasonably acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Anixter International Inc)

Annual Reporting. Within 90 105 days after the close of ---------------- each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year year, together with an unqualified audit report (in form satisfactory to Buyer or its assigns) on such financial statements of, and certified in a manner acceptable to the Agent by Buyer (or its assigns) by, Ernst & Young LLP or other independent public accountants reasonably acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Graybar Electric Co Inc)

Annual Reporting. Within 90 105 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements or, in the case of the Seller, unaudited financial statements, (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider the Seller and MetEd and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pennsylvania Power Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider such Loan Party for such fiscal year certified in a manner acceptable to the Administrative Agent by independent public accountants reasonably acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Credit and Security Agreement (Louisiana Pacific Corp)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, to the extent not furnished under the Purchase Agreement, audited, unqualified consolidated financial Exh. XI-32 FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for of Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Dean Foods Co)

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Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider such Seller Party for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Genlyte Group Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Seller for such fiscal year certified in a manner acceptable to Buyer (and to the Agent and the Managing Agents, as Buyer’s assignees) by Ernst & Young or other independent public accountants acceptable to the Agentof recognized national standing.

Appears in 1 contract

Samples: Receivables Sale Agreement (Anixter International Inc)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider the Servicer and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent without qualification by Arthxx Xxxexxxx xx other independent public accountants acceptable to the Agenteach Administrator.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Agco Corp /De)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Parent and its subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants reasonably acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Edwards Lifesciences Corp)

Annual Reporting. Within 90 105 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall will include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Convergys for such fiscal year certified in a manner acceptable to the Falcon Agent and Fifth Third by independent public accountants of nationally recognized standing or otherwise acceptable to the AgentFalcon Agent and Fifth Third.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Convergys Corp)

Annual Reporting. Within 90 105 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements or, in the case of the Seller, unaudited financial statements, (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider the Seller and Penn Power and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pennsylvania Electric Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider of PMC for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.of recognized national standing;

Appears in 1 contract

Samples: Credit and Security Agreement (PMC Commercial Trust /Tx)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for such fiscal year certified in a manner acceptable to the Agent Buyer by independent public accountants acceptable to the AgentBuyer.

Appears in 1 contract

Samples: Receivables Sale Agreement (Dean Foods Co/)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider the Servicer and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent without qualification by Artxxx Xxdxxxxx xx other independent public accountants acceptable to the Agenteach Administrator.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Agco Corp /De)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider the Seller and Lennox International and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants reasonably acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lennox International Inc)

Annual Reporting. Within 90 95 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by KPMG LLP or such other independent public accountants acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Beckman Coulter Inc)

Annual Reporting. Within 90 120 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider for Weaxxxxxxxx xxr such fiscal year certified in a manner acceptable reasonably satisfactory to the Agent W1R (and its assigns) by independent public accountants acceptable to the Agentof recognized national standing.

Appears in 1 contract

Samples: Receivables Sale Agreement (Weatherford International Inc /New/)

Annual Reporting. Within 90 100 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider KNEI and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent Buyer (and its assigns) by independent public accountants acceptable to the AgentBuyer (and its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Kinder Morgan Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agentyear.

Appears in 1 contract

Samples: Assignment Agreement (Reynolds & Reynolds Co)

Annual Reporting. Within 90 days after the ---------------- close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for such Seller Party and Provider for such fiscal year year, together with an unqualified audit report (in form satisfactory to the Agent) on such financial statements of, and certified in a manner acceptable to the Agent by by, PricewaterhouseCoopers LLP or other independent public accountants reasonably acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Energizer Holdings Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows, each on a consolidated basis) for Provider the Performance Guarantor for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public accountants acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Timken Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows, each on a consolidated basis) for Provider such Performance Guarantor for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agentof recognized national standing.

Appears in 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified audited consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public accountants acceptable to Buyer (or its assigns), which certification shall state that such consolidated financial statements present fairly the Agentfinancial position for the periods indicated in conformity with GAAP applied on a basis consistent with prior years.

Appears in 1 contract

Samples: Receivables Sale Agreement (Johnson Polymer Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider of Parent and its Subsidiaries for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public accountants acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Wolverine Tube Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal yearsyear, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement statements of cash flows) for Provider the Performance Guarantor and its Subsidiaries for such fiscal year certified in a manner by Deloitte & Touche LLP or by any other nationally recognized independent public accountants, which certifications shall be free of exceptions and qualifications not acceptable to the Agent by independent public accountants acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Airborne Inc /De/)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider of the Seller for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.of recognized national standing;

Appears in 1 contract

Samples: Purchase and Contribution Agreement (PMC Commercial Trust /Tx)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated audited financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Originator for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by Ernst & Young or other independent public accountants reasonably acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Anixter International Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Unifi and its Subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants reasonably acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Unifi Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider Arch Chemicals and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by KPMG Peat Marwick LLP, independent public accountants acceptable to the Agentor any other independent public accountants of recognized national standing.

Appears in 1 contract

Samples: Receivables Sale Agreement (Arch Chemicals Inc)

Annual Reporting. Within 90 one hundred fifty (150) days after the close of each of its respective fiscal yearsyear, auditedbeginning with the fiscal year ending December 31, unqualified 2020, audited consolidated financial statements (which shall include balance sheets, statements of income operations and retained earnings and a statement of cash flows) for Provider of the Parent and its consolidated subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.accountants; and

Appears in 1 contract

Samples: Limited Performance Guaranty (Sunnova Energy International Inc.)

Annual Reporting. Within 90 105 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements or, in the case of the Seller, unaudited financial statements, (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider the Seller and Penelec and its consolidated Subsidiaries for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Metropolitan Edison Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for Provider of Parent and its Subsidiaries for such fiscal year certified in a manner acceptable to the Agent Buyer (or its assigns) by independent public (or chartered) accountants acceptable to the AgentBuyer (or its assigns).

Appears in 1 contract

Samples: Receivables Sale Agreement (Wolverine Tube Inc)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, to the extent not furnished under the Purchase Agreement, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for of Provider for such fiscal year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.. Exh. XI-32 fifth amended and restated receivables purchase agreement

Appears in 1 contract

Samples: Receivables Purchase Agreement (Dean Foods Co)

Annual Reporting. Within 90 days after the close of each of its respective fiscal years, to the extent not furnished under the Purchase Agreement, audited, unqualified consolidated financial statements (which shall include balance sheets, statements of income and retained earnings and a statement of cash flows) for of Provider for such fiscal fifth amended and restated receivables purchase agreement year certified in a manner acceptable to the Agent by independent public accountants acceptable to the Agent.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Dean Foods Co)

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