Delivery of Annual Financial Statements. The Company will deliver to each Holder, as soon as practicable, but in any event within ninety (90) days after the end of each fiscal year of the Company, an income statement for such fiscal year and a balance sheet of the Company as of the end of such year, such year-end financial reports to be in reasonable detail, prepared in accordance with generally accepted accounting principles.
Delivery of Annual Financial Statements. Section 8.01(b) of the Credit Agreement shall be amended by inserting the following parenthetical immediately after the words “Within 90 days after the close of each fiscal year of the Borrower” appearing therein: “(but within 150 days solely with respect to the fiscal year of the Borrower ending May 31, 2016)” and by adding the following sentence at the end of such section: “Notwithstanding the provisions of Section 10.01 hereof, a failure to deliver the required financial statements within 150 days after the close of the fiscal year of the Borrower ending May 31, 2016 shall not be subject to any cure or grace period.”
Delivery of Annual Financial Statements. For fiscal year 2003 only, the requirement of the Company under Section 5.4(c) of both the Bridge Round Investment Agreement and the Unsecured Note Agreement to provide each Bridge Round Investor and Advantage with audited annual financial statements within ninety (90) days after the last day of each fiscal year, provided, however, that the Company shall deliver such 2003 financial statements to each Bridge Round Investor and Advantage no later than May 17, 2004.
Delivery of Annual Financial Statements. Accountants’ Certification), the Borrower shall deliver to the Lenders an Officer’s Compliance Certificate certified by the Chief Executive Officer or Chief Financial Officer of the Borrower (a) demonstrating compliance with the financial covenants set forth in ARTICLE 7 (Financial Covenants) and (b) certifying that, as at the date of such certificate, there existed no Event of Default and no Default, or, if any such Event of Default or Default existed, specifying the nature thereof, the period of existence thereof and what action the Borrower proposes to take or has taken with respect thereto.
Delivery of Annual Financial Statements. As soon as practicable and in any event within one hundred twenty (120) days after the close of each fiscal year of the Borrower, the Borrower shall deliver to the Lenders, an audited Consolidated and Consolidating balance sheet, statement of income and changes in retained earnings, and statement of cash flow of K-Tron and its Subsidiaries, including Borrower and its Subsidiaries, as at the end of and for the fiscal year just closed in reasonable detail and certified (without any qualification, modification or exception) by KPMG, LLC or other nationally-recognized independent certified public accountants selected by the Borrower and satisfactory to Agent provided that the Consolidating statements for the Borrower and its Subsidiaries are included within the audit and specifically referenced therein.
Delivery of Annual Financial Statements. Notwithstanding the provisions of ss.9.4(a) and (d), the Agent and the Lenders hereby agree that so long as the Borrower delivers the financial statement its and compliance certificate required thereby for the Borrower's 1997 fiscal year to the Agent and the Lenders within 10 days of the effective date of this Amendment, no D,,-fault or Event of Default will occur as a result of the Borrower's failure to deliver the 199 7 annual statements and compliance certificate by the date originally required by such ss.9.4 (a) and (d).
Delivery of Annual Financial Statements. The Company shall deliver to each of the Investors holding at least 500,000 shares of the Company’s capital stock (on an as converted basis and as adjusted for stock dividends, splits, combinations or the like) as soon as practicable, but in any event within ninety (90) days after the end of each fiscal year of the Company, an income statement for such fiscal year, a balance sheet of the Company and statement of stockholder’s equity as of the end of such year, and a schedule as to the sources and applications of funds for such year, such year-end financial reports to be in reasonable detail, prepared in accordance with generally accepted accounting principles (“GAAP”), and audited and certified by independent public accountants of nationally recognized standing selected by the Company;
Delivery of Annual Financial Statements. As soon as practicable and in any event within ninety (90) days after the close of each fiscal year of the Borrower, the Borrower shall deliver to the Lenders, an audited Consolidated and Consolidating balance sheet, statement of income and changes in retained earnings, and statement of cash flows of the Borrower and its Subsidiaries, as well as management-prepared financial statements broken down by location and Product Group, as at the end of and for the fiscal year just closed in reasonable detail and certified, in the case of the Consolidated statements, (without any qualification, modification or exception) by KPMG LLP or other nationally-recognized independent certified public accountants selected by the Borrower and satisfactory to the Agent and by the Chief Executive Officer or Chief Financial Officer in the case of the other financial statements. However, for the fiscal year ending February 29, 2008, in lieu of the audited financial statements referred to in the preceding sentence, within ninety (90) days after the close of such fiscal year, the Borrower shall deliver to the Lenders, (a) an audited Consolidated and Consolidating balance sheet, statement of income and changes in retained earnings, and statement of cash flows of the Borrower and its Subsidiaries (excluding Xxxxxxx and its Subsidiaries) and (b) an audited Consolidated and Consolidating balance sheet, statement of income and changes in retained earnings, and statement of cash flows of Xxxxxxx and its Subsidiaries for the stub year ending February 29, 2008.
Delivery of Annual Financial Statements. Pioneer shall send to Banc One within 120 days after the close of each Fiscal Year, (a) an annual report of the Company, including the balance sheets and financial statements provided for in Section 12.2 and, if such balance sheets and financial statements are audited, including the opinion of the independent certified public accountants referred to in said Section 12.2, and (b) an annual statement indicating the share of each Member of the net income, net loss, gain, loss and other relevant items of the Company for such Fiscal Year for Federal income tax purposes, and also for the purposes of any state and local taxes applicable to any Member, prepared or reviewed by Pioneer or the aforesaid certified public accountants. Pioneer shall also be responsible for causing the Company to deliver to the members of the Fund, to the shareholders, partners or other participants in or of any Subsidiaries, and to the Persons entitled to the delivery of financial statements under the Financing Documents, all financial statements (whether annual, quarterly, special or otherwise) required to be delivered to such Persons under the Fund LLC Agreement, the governing documents of such Subsidiaries and/or the Financing Documents. Copies of the financial statements referred to in the immediately preceding sentence shall be delivered to Banc One simultaneously with their delivery to such members, shareholders, partners or other Persons.
Delivery of Annual Financial Statements. As soon as practicable and in any event within ninety (90) days after the close of each fiscal year of the Borrower, the Borrower shall deliver to the Agent (for further distribution to the Lenders and the Banking Services Providers), an audited balance sheet, statement of income and changes in retained earnings, and statement of cash flows of the Borrower and its Subsidiaries on a Consolidated basis and a condensed consolidating basis, as at the end of and for the fiscal year just closed in reasonable detail and certified, in the case of the Consolidated statements, (without any qualification, modification or exception) by any nationally-recognized independent certified public accountants selected by the Borrower and satisfactory to the Majority Lenders; 101 provided, however, that to the extent that the Borrower shall have delivered to the Agent (for further distribution to the Lenders and the Banking Services Providers) an Annual Report on Form 10-K, such delivery shall be deemed to satisfy the requirements of this Subsection 6.1.3.
