Financial Position; No Material Adverse Change. (a) The Company has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders’ equity and cash flows as of and for the fiscal year ended June 30, 2020 (the “Annual Financial Statements”), reported on by Deloitte & Touche LLP, independent registered public accountants, certified by its chief financial officer as presenting fairly, in all material respects, the financial position and results of operations of the Company and its consolidated subsidiaries on a consolidated basis in accordance with GAAP consistently applied, and its consolidated balance sheet and statements of income, stockholders’ equity and cash flows as of and for the fiscal quarters ended September 30, 2020, December 31, 2020 and March 31, 2021 (collectively, the “Quarterly Financial Statements”), certified by one of its Financial Officers as presenting fairly, in all material respects, the financial position and results of operations of the Company and its consolidated subsidiaries on a consolidated basis in accordance with GAAP consistently applied, subject to normal year-end audit adjustments and the absence of footnotes. The Annual Financial Statements and the Quarterly Financial Statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company and the consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to, in the case of the Quarterly Financial Statements, normal year-end adjustments and the absence of footnotes.
Financial Position; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders the audited financial statements of Borrower ended December 31, 2013. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of Borrower and its Consolidated Subsidiaries as of such date and for such period in accordance with GAAP.
Financial Position; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders (i) the audited financial statements of Borrower ended December 31, 2018 and (ii) the unaudited balance sheet and statements of income, members’ equity and cash flows as of and for the fiscal quarter ended March 31, 2019. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of Borrower and its Consolidated Subsidiaries as of such date and for such period in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the unaudited quarterly financial statements.
Financial Position; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Banks its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2022, reported on by independent public accountants of recognized national standing reasonably acceptable to the Administrative Agent. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such date and for such period in accordance with GAAP.
Financial Position; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Agent and the Banks its Consolidated balance sheet, and the related Consolidated statements of income, cash flows and shareholders' equity of the Borrower and its Subsidiaries (x) as of and for the Fiscal Year ended December 31, 1995, audited by and accompanied by the unqualified opinion of KPMG Peat Marwick, independent certified public accountants, and (y) as of and for the Fiscal Quarter ended March 31, 1996, certified by a Responsible Officer of the Borrower. Such financial statements present fairly the financial condition and results of operations of the Borrower and its Subsidiaries as of such dates and for such periods. Such financial statements were prepared in accordance with GAAP applied on a consistent basis.
Financial Position; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders (i) the audited consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as of December 31, 2005, and related audited consolidated statements of income, cash flows and changes in members’ equity for the fiscal year ending December 31, 2005 and (ii) the unaudited consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as of and for the fiscal quarter and the portion of the fiscal year ended March 31, 2006, certified by its chief financial officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its consolidated subsidiaries as of such date and for such period in accordance with GAAP.
Financial Position; No Material Adverse Change. (a) (i) Borrower has heretofore furnished to the Agent and the Banks its Consolidated balance sheet, and the related Consolidated statements of income, cash flows and stockholders' equity of Borrower and its Subsidiaries (x) as of and for the fiscal year ended September 30, 1994, audited by and accompanied by the opinion of Xxxxxx Xxxxxxxx, L.L.P., independent certified public accountants, and (y) as of and for the Fiscal Quarters ended December 31, 1994 and March 31, 1995, certified by a Responsible Officer of Borrower. Such financial statements present fairly the financial condition and results of operations of Borrower and its Subsidiaries as of such dates and for such periods. Such financial statements were prepared in accordance with GAAP applied on a consistent basis.
Financial Position; No Material Adverse Change. (a) The Parent has heretofore furnished to the Lenders its (1) consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2005, unaudited and pro forma after giving effect to the contemplated restructuring transactions contemplated by the S-1, (2) and the Parent’s balance sheet as of May 12, 2006, audited by Deloitte & Touche, LLP and (3) consolidated balance sheet and statements of income, stockholders equity and cash flows of the Parent as of and for the fiscal quarter ended June 30, 2006, unaudited and pro forma after giving effect to the contemplated restructuring transactions contemplated by the S-1. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the unaudited quarterly financial statements.
Financial Position; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders the unaudited pro forma financial statements of Borrower ended December 31, 2004 and the nine month ended September 30, 2005, and the combined historical financial statements for the Moriah Group as of September 30, 2005. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of Borrower and the Moriah Group as of such dates and for such periods in accordance with GAAP. 42
Financial Position; No Material Adverse Change. (a) The Borrower has heretofore furnished to the Lenders (i) its consolidated balance sheet and statements of income, stockholders equity and cash flows as of and for the fiscal year ended December 31, 2021, reported on by Xxxxx & Young LLP, independent public accountants and (ii) as of and for the fiscal quarter and the portion of the fiscal year ended June 30, 2022, certified by a Financial Officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such date and for such period in accordance with GAAP, subject, with respect to the financial statements described in clause (ii), to normal year-end adjustments and the absence of footnotes.
