Borrower’s Annual Financial Statements. As soon as available and in any event within one hundred twenty (120) days after the end of each Fiscal Year of Borrower: (i) for Borrower and its Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period in the Fiscal Year and all prepared in accordance with GAAP consistently applied, and the consolidated financials referenced in this Section 8.08(b)(i) shall be audited by such independent certified public accountants selected by Borrower and reasonably acceptable to Banks and the consolidating financial statements referenced in this Section 8.08(b)(i) shall be certified by the chief financial officer of Borrower; and (ii) for Borrower and the Restricted Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders’ equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated figures for the corresponding date and period for such Fiscal Year and all prepared in accordance with GAAP consistently applied, and which shall be certified by the chief financial officer of Borrower, and (iii) for Borrower and the Restricted Subsidiaries, the balance sheets and income statements prepared on a consolidated basis in accordance with GAAP consistently applied, and which shall be audited by such independent certified public accountants registered by the PCAOB as selected by the Borrower and acceptable to the Banks, such acceptance not to be unreasonably withheld.
Borrower’s Annual Financial Statements. Borrower shall furnish to Lender, as soon as practicable, and in any event within seventy-five (75) days after the end of each Fiscal Year of Borrower, a consolidated balance sheet of Borrower as at the end of such Fiscal Year and a consolidated statement of income, partners' capital or deficit and consolidated cash flow of Borrower for such Fiscal Year, setting forth in each case, in comparative form, the corresponding figures for the preceding Fiscal Year, prepared in accordance with GAAP, and in the form that would be required of Borrower if Borrower were required to file annual reports with the SEC on Form 10-K. Such Financial Statements shall be accompanied by (A) (1) an audit report and opinion in respect of such Financial Statements of Ernst & Young or other "Big Six" independent certified public accounting firm selected by Borrower and reasonably acceptable to Lender, which report and opinion shall be unqualified as to the scope of the audit and reasonably satisfactory to Lender, and (2) the written statement of the accountants described in clause (1) that, in making the examination necessary for their report and opinion on such Financial Statements, they have obtained no knowledge of any condition, event or act that constitutes a Default or Event of Default, or, if such accountants shall have obtained such knowledge, a statement as to the nature and status thereof, and (B) a certificate of an Authorized Accounting Officer, stating that (1) such Financial Statements have been prepared under his or her supervision in accordance with GAAP and that he or she knows of no facts inconsistent with such Financial Statements and (2) to his or her knowledge, no Default or Event of Default has occurred is continuing or, if a Default or Event of Default has occurred and is continuing, a statement as to the nature thereof, the period of its existence, and the action that Borrower has taken or proposes to take with respect thereto.
Borrower’s Annual Financial Statements. As soon as available, and in any event within one-hundred twenty (120) days after the close of each fiscal year of the Borrower, a copy of the financial statements of Borrower, including balance sheets and statements of profit and loss, audited by an independent certified public accounting firm chosen by Borrower.
Borrower’s Annual Financial Statements. Within one hundred twenty (120) days after the end of each fiscal year, Borrower shall provide Lender with an annual financial statement prepared on a consolidated basis in accordance with GAAP, with comparable information for the year to date and the immediately preceding fiscal year, all certified (as to the consolidated financial statements) by a recognized firm of certified public accountants. In addition, as soon as available, but in any event within sixty (60) days after the end of each fiscal year of the Borrower, (i) the Borrower shall deliver to the Lender financial reporting applicable for the Facility, in a form and substance reasonably acceptable to the Lender, setting forth the financial information, and where applicable reasonably detailed calculations of the required data, set forth in Appendix C to the FAQs as at the end of such fiscal year of the Borrower, which financial reporting and calculations, in each case, shall be true and accurate in all material respects and, where applicable, present fairly in all material respects the financial condition of the Borrower for the period covered thereby in accordance with GAAP, consistently applied, and (ii) such supporting documentation as Lender reasonably requests.
Borrower’s Annual Financial Statements. As soon as available and in any event within one hundred twenty (120) days after the end of each Fiscal Year of Borrower: (i) for Borrower and its Subsidiaries, on a consolidated and consolidating basis, the balance sheets, statements of changes in stockholders' equity, income statements and statements of cash flow for such Fiscal Year, all in reasonable detail and stating in comparative form the respective consolidated
Borrower’s Annual Financial Statements. As soon as available and in any event within one hundred twenty (120) days after the end of each fiscal year of Borrower, a balance sheet of Borrower as of the end of such fiscal year, and the related statement of income and statement of cash flows, all in reasonable detail and all prepared in accordance with GAAP consistently applied, together with a report thereon of independent certified public accountants of recognized national standing selected by Borrower, which report shall be unqualified as to going concern and scope of audit;
Borrower’s Annual Financial Statements. Within one hundred twenty (120) days after the end of each Fiscal Year, Borrower shall supply Lender with (i) an annual audited financial statement for Borrower for the prior Fiscal Year in form acceptable to Lender in its sole and absolute discretion, and (ii) such supporting documentation as Lender reasonably requests, if the 10-K report of Parent fails to include a separate audited financial statement for Borrower.
Borrower’s Annual Financial Statements. As soon as available and in any event within ninety (90) days after the end of each fiscal year of the Borrower (or, if the Borrower is required to file a Form 10-K with the Securities and Exchange Commission, within two Business Days after the date that such filing is originally due), the consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as of the end of such fiscal year and the related consolidated statements of operations, cash flows and changes in shareholders' equity of the Borrower and its Consolidated Subsidiaries for such fiscal year and stating in comparative form the consolidated figures for the corresponding date and period in the previous fiscal year, all in reasonable detail and all prepared in accordance with GAAP consistently applied, accompanied by an opinion on such consolidated financial statements acceptable to the Bank by an independent certified public accountants selected by the Borrower and acceptable to the Bank;
Borrower’s Annual Financial Statements. The Borrowers must obtain financial statements annually compiled by a certified public accountant, prepared in accordance with GAAP, and submit them to the Bank within 90 days of the business' fiscal year end. Financial statements will contain, at a minimum, a balance sheet and a profit and loss statement reflecting the financial condition of the Borrowers as of its year end or quarter end, as the case may be. Borrowers providing bank with copies of the timely online public filings with the Securities Exchange Commission (the “SEC”) by The Xxxxx Group, Inc. shall satisfy this requirement. TDG Operations, LLC does not produce separate financial statements as such are consolidated with The Xxxxx Group, Inc. The Bank is responsible for obtaining all required financial statements from the
Borrower’s Annual Financial Statements. The Borrower must obtain audited financial statements annually, prepared in accordance with GAAP, and submit them to the Bank within 90 days of the Borrower’s fiscal year end. Financial statements will contain, at a minimum, a balance sheet and a profit and loss statement reflecting the financial condition of the Borrower as of its year end. The Bank is responsible for obtaining all required financial statements from the Borrower, analyzing them, and providing copies of statements with a detailed written analysis to USDA Rural Development within 120 days.
