Common use of Financial Condition, etc Clause in Contracts

Financial Condition, etc. (a) Borrower has heretofore delivered to the Revolving Credit Lenders (i) the audited consolidated balance sheets of Borrower and the Subsidiaries as of December 31, 2001 and the related statements of earnings, changes in stockholders’ equity and cash flows for the fiscal years ended on those dates, together with reports thereon by Xxxxxx Xxxxxxxx LLP, certified public accountants, and (ii) the unaudited consolidated balance sheets of Borrower and the Subsidiaries as of June 30, 2002, and the related statements of earnings and cash flows for the fiscal periods ended on June 30, 2002. All of said financial statements, including in each case the related schedules and notes, are true, complete (in the case of year-end financial statements) and correct in all material respects, have been prepared in accordance with GAAP consistently applied and present fairly the financial position of Borrower and the Subsidiaries as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-end audit adjustments and the absence of footnotes.

Appears in 1 contract

Samples: Security Agreement (Tuesday Morning Corp/De)

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Financial Condition, etc. (a) Borrower has heretofore delivered to the Revolving Credit Lenders (iA) the audited consolidated balance sheets of Borrower and the Subsidiaries as of December 31, 2001 1991, December 31, 1992, December 31, 1993, December 31, 1994, December 31, 1995 and December 31, 1996, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those dates, together with reports thereon by Xxxxxx Xxxxxxxx Ernst & Young LLP, certified public accountants, and (iiB) the unaudited consolidated balance sheets of Borrower and the Subsidiaries as of March 31, 1997 and June 30, 20021997, and the related statements of earnings and cash flows for the fiscal periods ended on March 31, 1997 and June 30, 20021997, respectively, together with review reports thereon by Ernst & Young LLP, certified public accountants. All of said financial statements, including in each case the related schedules and notes, are true, complete (in the case of year-end financial statements) and correct in all material respects, have been prepared in accordance with GAAP generally accepted accounting principles consistently applied (except that no notes have been included in unaudited financial statements) and present fairly the financial position of Borrower and the Subsidiaries as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-end audit adjustments and the absence of footnotesadjustments.

Appears in 1 contract

Samples: Credit Agreement (Imco Recycling Inc)

Financial Condition, etc. (a) Borrower has heretofore delivered to the Revolving Credit Lenders (iA) the audited consolidated balance sheets of Borrower and the Subsidiaries as of December 31, 2001 1991, December 31, 1992, December 31, 1993, December 31, 1994 and December 31, 1995, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those dates, together with reports thereon by Xxxxxx Xxxxxxxx Ernst & Young LLP, certified public accountants, and (iiB) the unaudited consolidated balance sheets of Borrower and the Subsidiaries as of March 31, 1996, June 30, 20021996 and September 30, 1996, and the related statements of earnings and cash flows for the fiscal periods ended on March 31, 1996, June 30, 20021996 and September 30, 1996, respectively, together with review reports thereon by Ernst & Young, LLP, certified public accountants. All of said financial statements, including in each case the related schedules and notes, are true, complete (in the case of year-end financial statements) and correct in all material respects, have been prepared in accordance with GAAP generally accepted accounting principles consistently applied (except that no notes have been included in unaudited financial statements) and present fairly the financial position of Borrower and the Subsidiaries as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-end audit adjustments and the absence of footnotesadjustments.

Appears in 1 contract

Samples: Credit Agreement (Imco Recycling Inc)

Financial Condition, etc. (a) Borrower has heretofore ------------------------ delivered to the Revolving Credit Lenders (i) the audited consolidated balance sheets of Borrower and the Subsidiaries and of each of the Acquired Businesses as of December 31, 2001 1995, December 31, 1996 and December 31, 1997, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those datesDecember 31, together with reports thereon by Xxxxxx Xxxxxxxx LLP1996 and December 31, certified public accountants1997, and (iiB) the unaudited consolidated balance sheets of Borrower and the Subsidiaries and of each of the Acquired Businesses as of June 30, 20021998, and the related statements of earnings and cash flows for the fiscal periods ended on June 30, 20021998. All of said financial statements, including in each case the related schedules and notes, are true, complete (in the case of year-end financial statements) and correct in all material respects, have been prepared in accordance with GAAP consistently applied and present fairly and accurately the financial position of Borrower and the Subsidiaries and each of the Acquired Businesses as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-period- end audit adjustments and the absence of footnotesadjustments.

Appears in 1 contract

Samples: Credit Agreement (Princess Beverly Coal Holding Co Inc)

Financial Condition, etc. (aA) Borrower has heretofore ------------------------ delivered to the Revolving Credit Lenders (iA) the audited consolidated balance sheets of Borrower and the Subsidiaries as of December 31, 2001 1992, December 31, 1993, December 31, 1994, December 31, 1995 and December 31, 1996, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those dates, together with reports thereon by Xxxxxx Xxxxxxxx KPMG Peat Marwick LLP, certified public accountants, and (iiB) the unaudited consolidated balance sheets of Borrower and the Subsidiaries as of June September 30, 20021997, and the related statements of earnings and cash flows for the fiscal periods ended on June September 30, 20021997. All of said financial statements, including in each case the related schedules and notes, are true, complete (in the case of year-end financial statements) and correct in all material respects, have been prepared in accordance with GAAP consistently applied and present fairly the financial position of Borrower and the Subsidiaries as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-period- end audit adjustments and the absence of footnotes.

Appears in 1 contract

Samples: Credit Agreement (Tmil Corp)

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Financial Condition, etc. (a) Borrower has heretofore ------------------------- delivered to the Revolving Credit Lenders (i) the audited consolidated balance sheets of Borrower and the Subsidiaries and of each of the businesses acquired prior to the Amendment and Restatement Date (each an "Acquired Business") as of December 31, 2001 1995, ----------------- December 31, 1996 and December 31, 1997, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those datesDecember 31, together with reports thereon by Xxxxxx Xxxxxxxx LLP1996 and December 31, certified public accountants1997, and (iiB) the unaudited consolidated balance sheets of Borrower and the Subsidiaries and of each of the Acquired Businesses as of June 30, 20021998, and the related statements of earnings and cash flows for the fiscal periods ended on June 30, 20021998. All of said financial statements, including in each case the related schedules and notes, are true, complete (in the case of year-end financial statements) and correct in all material respects, have been prepared in accordance with GAAP consistently applied and present fairly and accurately the financial position of Borrower and the Subsidiaries and each of the Acquired Businesses as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-end audit adjustments and the absence of footnotesadjustments.

Appears in 1 contract

Samples: Credit Agreement (Princess Beverly Coal Holding Co Inc)

Financial Condition, etc. (a) Borrower has heretofore ------------------------ delivered to the Revolving Credit Lenders (iA) the audited consolidated balance sheets of Borrower and the Subsidiaries as of December 31, 2001 1992, December 31, 1993, December 31, 1994, December 31, 1995, December 31, 1996, December 31, 1997, December 31, 1998 and December 31, 1999 and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those dates, together with reports thereon by Xxxxxx Xxxxxxxx KPMG Peat Marwick LLP, certified public accountants, and (iiB) the unaudited consolidated balance sheets of Borrower and the Subsidiaries as of June March 30, 20022000, and the related statements of earnings and cash flows for the fiscal periods ended on June March 30, 20022000. All of said financial statements, including in each case the related schedules and notes, are true, complete (in the case of year-end financial statements) and correct in all material respects, have been prepared in accordance with GAAP consistently applied and present fairly the financial position of Borrower and the Subsidiaries as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-end audit adjustments and the absence of footnotes.

Appears in 1 contract

Samples: Credit Agreement (Tuesday Morning Corp/De)

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