Common use of Financial Reports and Other Information Clause in Contracts

Financial Reports and Other Information. Furnish, in form and substance reasonably satisfactory to Lender: (a) a full and complete report of Borrower's and its Subsidiaries' consolidated financial condition at least once during each 12-month period during the term hereof but in no event later than 120 days after the end of each fiscal year of Borrower, which shall include (i) annual financial statements prepared on a consolidated basis and audited by independent public accountants selected by Borrower and reasonably acceptable to Lender, accompanied by an opinion of such accountants reasonably acceptable to Lender, and (ii) unaudited annual consolidating financial statements of Borrower and its Subsidiaries; (b) unaudited quarterly financial statements of Borrower and its Subsidiaries prepared on a consolidated basis which shall include a balance sheet, a statement of income and a statement of cash flows for such quarter and year-to-date with comparisons to budget for such quarter and year-to-date, within 60 days after the end of each fiscal quarter of Borrower; (c) quarterly management or statistical reports which shall include subscriber, penetration, coverage and other operating statistics, within 60 days after the end of each fiscal quarter of Borrower; (d) an operating budget, capital budget and updated 10-year financial projections, prior to the beginning of each fiscal year of Borrower; (e) such other information, reports or statements concerning the operations, business affairs and/or financial condition of Borrower and its Subsidiaries as the Lender may reasonably request from time to time; and (f) promptly upon their becoming available, information regarding any and all material changes or modifications of licenses, permits, certifications, approvals and the like necessary for Borrower to own or operate its business or a substantial part of its business.

Appears in 3 contracts

Samples: Loan Agreement (Horizon Personal Communications Inc), Loan Agreement (Horizon PCS Inc), Loan Agreement (Horizon PCS Inc)

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Financial Reports and Other Information. Furnish, in form and substance reasonably satisfactory to Lender: (a) The Parent will maintain a full system of accounting in accordance with GAAP and complete report will furnish to the Administrative Agent on behalf of Borrower's the Lenders and their respective duly authorized representatives such information respecting the business and financial condition of the Parent and its Subsidiaries' consolidated financial condition at least once during Subsidiaries as the Administrative Agent or any Lender through the Administrative Agent may reasonably request; and without any request, the Parent will furnish each 12of the following to the Administrative Agent (which shall promptly furnish such information to the Lenders): (i) unless included in a Form 10-month period during the term hereof but in Q delivered pursuant to clause (a)(iii) below, no event later than 120 45 days after the end last day of each first three fiscal quarterly periods of each fiscal year of Borrowerthe Parent, which shall include (i) annual financial statements prepared on a copy of the consolidated basis and audited by independent public accountants selected by Borrower and reasonably acceptable to Lender, accompanied by an opinion balance sheet of such accountants reasonably acceptable to Lender, and (ii) unaudited annual consolidating financial statements of Borrower and its Subsidiaries; (b) unaudited quarterly financial statements of Borrower the Parent and its Subsidiaries prepared on a as of the last day of such fiscal quarter and the consolidated basis which shall include a balance sheetstatements of income, a statement of income retained earnings, and a statement of cash flows of the Parent and its Subsidiaries for such fiscal quarter and for the fiscal year-to-date period then ended, each in reasonable detail showing in comparative form the figures for the corresponding date and period in the previous fiscal year, prepared by the Parent in accordance with comparisons GAAP (subject to budget for such quarter the absence of footnote disclosures and year-toend audit adjustments) and certified to by its chief financial officer or another officer of the Parent acceptable to the Administrative Agent; (ii) unless included in a Form 10-dateK delivered pursuant to clause (a)(iii) below, within 60 no later than 90 days after the end of each fiscal quarter of Borrower; (c) quarterly management or statistical reports which shall include subscriber, penetration, coverage and other operating statistics, within 60 days after the end of each fiscal quarter of Borrower; (d) an operating budget, capital budget and updated 10-year financial projections, prior to the beginning last day of each fiscal year of Borrower; (e) such other informationthe Parent, reports or statements concerning a copy of the operations, business affairs and/or financial condition consolidated balance sheet of Borrower the Parent and its Subsidiaries as of the Lender may reasonably request from time last day of the fiscal year then ended and the consolidated statements of income, retained earnings, and cash flows of the Parent and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, each in reasonable detail showing in comparative form the figures as of the end of and for the previous fiscal year, accompanied by an unqualified opinion of independent public accountants of recognized national standing selected by the Borrower, to timethe effect that the consolidated financial statements have been prepared in accordance with GAAP and present fairly in accordance with GAAP the consolidated financial condition of the Parent and its Subsidiaries as of the close of such fiscal year and the results of their operations and cash flows for the fiscal year then ended and that an examination of such accounts in connection with such financial statements has been made in accordance with generally accepted auditing standards and, accordingly, such examination included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances; and (fiii) promptly upon their becoming availableeach financial statement required to be furnished to the Lenders pursuant to subsection (i) or (ii) of this Section 7.6 shall be accompanied by copies of all proxy statements, information regarding any financial statements and reports the Parent sent to its shareholders, and copies of all other regular, periodic and special reports and all material changes registration statements the Parent filed with the SEC or modifications any successor thereto, or with any national securities exchanges: (A) in the case of licensesthe financial statements required to be furnished pursuant to subsection (i) above, permitsduring or in respect of the fiscal quarter covered by such financial statements and (B) in the case of the financial statements required to be furnished pursuant to subsection (ii) above, certifications, approvals and during or in respect of the like necessary for Borrower to own or operate its business or a substantial part of its businesslast fiscal quarter covered by such financial statements.

Appears in 2 contracts

Samples: Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc)

Financial Reports and Other Information. Furnish, in form and substance reasonably satisfactory to Lender: (a) The Parent will maintain a full system of accounting in accordance with GAAP and complete report will furnish to the Administrative Agent on behalf of Borrower's the Lenders and their respective duly authorized representatives such information respecting the business and financial condition of the Parent and its Subsidiaries' consolidated financial condition at least once during Subsidiaries as the Administrative Agent or any Lender through the Administrative Agent may reasonably request; and without any request, the Parent will furnish each 12of the following to the Administrative Agent (which shall promptly furnish such information to the Lenders): (i) unless included in a Form 10-month period during the term hereof but in Q delivered pursuant to clause (a)(iii) below, no event later than 120 45 days after the end last day of each first three fiscal quarterly periods of each fiscal year of Borrowerthe Parent, which shall include (i) annual financial statements prepared on a copy of the consolidated basis and audited by independent public accountants selected by Borrower and reasonably acceptable to Lender, accompanied by an opinion balance sheet of such accountants reasonably acceptable to Lender, and (ii) unaudited annual consolidating financial statements of Borrower and its Subsidiaries; (b) unaudited quarterly financial statements of Borrower the Parent and its Subsidiaries prepared on a as of the last day of such fiscal quarter and the consolidated basis which shall include a balance sheetstatements of income, a statement of income retained earnings, and a statement of cash flows of the Parent and its Subsidiaries for such fiscal quarter and for the fiscal year-to-date period then ended, each in reasonable detail showing in comparative form the figures for the corresponding date and period in the previous fiscal year, prepared by the Parent in accordance with comparisons GAAP (subject to budget for such quarter the absence of footnote disclosures and year-toend audit adjustments) and certified to by its chief financial officer or another officer of the Parent acceptable to the Administrative Agent; (ii) unless included in a Form 10-dateK delivered pursuant to clause (a)(iii) below, within 60 no later than 90 days after the end of each fiscal quarter of Borrower; (c) quarterly management or statistical reports which shall include subscriber, penetration, coverage and other operating statistics, within 60 days after the end of each fiscal quarter of Borrower; (d) an operating budget, capital budget and updated 10-year financial projections, prior to the beginning last day of each fiscal year of Borrower; (e) such other informationthe Parent, reports or statements concerning a copy of the operations, business affairs and/or financial condition consolidated balance sheet of Borrower the Parent and its Subsidiaries as of the Lender may reasonably request from time to time; and (f) promptly upon their becoming available, information regarding any and all material changes or modifications last day of licenses, permits, certifications, approvals the fiscal year then ended and the like consolidated statements of income, retained earnings, and cash flows of the Parent and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, each in reasonable detail showing in comparative form the figures as of the end of and for the previous fiscal year, accompanied by an unqualified opinion of independent public accountants of recognized national standing selected by the Borrower, to the effect that the consolidated financial statements have been prepared in accordance with GAAP and present fairly in accordance with GAAP the consolidated financial condition of the Parent and its Subsidiaries as of the close of such fiscal year and the results of their operations and cash flows for the fiscal year then ended and that an examination of such accounts in connection with such financial statements has been made in accordance with generally accepted auditing standards and, accordingly, such examination included such tests of the accounting records and such other auditing procedures as were considered necessary for Borrower to own or operate its business or a substantial part of its business.in the circumstances;

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Jones Lang Lasalle Inc)

Financial Reports and Other Information. Furnish, in form and substance reasonably satisfactory to Lender: Lender (a) a full and complete report of Borrower's Borrower and its Subsidiaries' consolidated financial condition at least once during each 12-month period during the term hereof but in no event later than 120 days after the end of each fiscal year of Borrower, which shall include (i) annual financial statements prepared on a consolidated basis and audited by independent public accountants selected by Borrower and reasonably acceptable to Lender, accompanied by an opinion of such accountants reasonably acceptable to Lender, and (ii) unaudited annual consolidating financial statements of Borrower and its Subsidiaries; (b) unaudited quarterly financial statements of Borrower and its Subsidiaries prepared on a consolidated basis which shall include a balance sheet, a statement of income and a statement of cash flows for such quarter and year-to-date with comparisons to budget for such quarter and year-to-date, within 60 days after the end of each fiscal quarter of Borrower; , (c) quarterly management or statistical reports which shall include subscriber, penetration, coverage and other operating statistics, within 60 days after the end of each fiscal quarter of Borrower; , (d) an operating budget, capital budget and updated 10-year financial projections, prior to the beginning of each fiscal year of Borrower; , (e) such other information, reports or statements concerning the operations, business affairs and/or financial condition of Borrower and its Subsidiaries as the Lender may reasonably request from time to time; and (f) promptly upon their becoming available, information regarding any and all material changes or modifications of licenses, permits, certifications, approvals and the like necessary for Borrower to own or operate its business or a substantial part of its business.upon

Appears in 1 contract

Samples: Loan Agreement (Horizon Personal Communications Inc)

Financial Reports and Other Information. Furnish, in form and substance reasonably satisfactory to Lender: (a) The Parent will maintain a full system of accounting in accordance with GAAP and complete report will furnish to the Administrative Agent on behalf of Borrower's the Lenders and their respective duly authorized representatives such information respecting the business and financial condition of the Parent and its Subsidiaries' consolidated financial condition at least once during Subsidiaries as the Administrative Agent or any Lender through the Administrative Agent may reasonably request; and without any request, the Parent will furnish each 12of the following to the Administrative Agent (which shall promptly furnish such information to the Lenders): (i) unless included in a Form 10-month period during the term hereof but in Q delivered pursuant to clause (a)(iii) below, no event later than 120 45 days after the end last day of each first three fiscal quarterly periods of each fiscal year of Borrowerthe Parent, which shall include (i) annual financial statements prepared on a copy of the consolidated basis and audited by independent public accountants selected by Borrower and reasonably acceptable to Lender, accompanied by an opinion balance sheet of such accountants reasonably acceptable to Lender, and (ii) unaudited annual consolidating financial statements of Borrower and its Subsidiaries; (b) unaudited quarterly financial statements of Borrower the Parent and its Subsidiaries prepared on a as of the last day of such fiscal quarter and the consolidated basis which shall include a balance sheetstatements of income, a statement of income retained earnings, and a statement of cash flows of the Parent and its Subsidiaries for such fiscal quarter and for the fiscal year-to-date period then ended, each in reasonable detail showing in comparative form the figures for the corresponding date and period in the previous fiscal year, prepared by the Parent in accordance with comparisons GAAP (subject to budget for such quarter the absence of footnote disclosures and year-toend audit adjustments) and certified to by its chief financial officer or another officer of the Parent acceptable to the Administrative Agent; (ii) unless included in a Form 10-dateK delivered pursuant to clause (a)(iii) below, within 60 no later than 90 days after the end of each fiscal quarter of Borrower; (c) quarterly management or statistical reports which shall include subscriber, penetration, coverage and other operating statistics, within 60 days after the end of each fiscal quarter of Borrower; (d) an operating budget, capital budget and updated 10-year financial projections, prior to the beginning last day of each fiscal year of Borrower; (e) such other informationthe Parent, reports or statements concerning a copy of the operations, business affairs and/or financial condition consolidated balance sheet of Borrower the Parent and its Subsidiaries as of the Lender may reasonably request from time last day of the fiscal year then ended and the consolidated statements of income, retained earnings, and cash flows of the Parent and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, each in reasonable detail showing in comparative form the figures as of the end of and for the previous fiscal year, accompanied by an unqualified opinion of independent public accountants of recognized national standing selected by the Borrower, to timethe effect that the consolidated financial statements have been prepared in accordance with GAAP and present fairly in accordance with GAAP the consolidated financial condition of the Parent and its Subsidiaries as of the close of such fiscal year and the results of their operations and cash flows for the fiscal year then ended and that an examination of such accounts in connection with such financial statements has been made in accordance with generally accepted auditing standards and, accordingly, such examination included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances; and (fiii) promptly upon their becoming availableeach financial statement required to be furnished to the Lenders pursuant to subsection (i) or (ii) of this Section 7.6 shall be accompanied by copies of all proxy statements, information regarding any financial statements and reports the Parent sent to its shareholders, and copies of all other regular, periodic and special reports and all material changes registration statements the Parent filed with the SEC or modifications any successor thereto, or with any national securities exchanges: (A) in the case of licenses, permits, certifications, approvals and the like necessary for Borrower financial statements required to own or operate its business or a substantial part of its business.be furnished pursuant to subsection -62-

Appears in 1 contract

Samples: Credit Agreement (Jones Lang Lasalle Inc)

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Financial Reports and Other Information. Furnish, in form and substance reasonably satisfactory to Lender: (a) The Parent will maintain a full system of accounting in accordance with GAAP and complete report will furnish to the Administrative Agent on behalf of Borrower's the Lenders and their respective duly authorized representatives such information respecting the business and financial condition of the Parent and its Subsidiaries' consolidated financial condition at least once during Subsidiaries as the Administrative Agent or any Lender through the Administrative Agent may reasonably request; and without any request, the Parent will furnish each 12of the following to the Administrative Agent (which shall promptly furnish such information to the Lenders): (i) unless included in a Form 10-month period during the term hereof but in Q delivered pursuant to clause (a)(iii) below, no event later than 120 45 days after the end last day of each first three fiscal quarterly periods of each fiscal year of Borrowerthe Parent, which shall include (i) annual financial statements prepared on a copy of the consolidated basis and audited by independent public accountants selected by Borrower and reasonably acceptable to Lender, accompanied by an opinion balance sheet of such accountants reasonably acceptable to Lender, and (ii) unaudited annual consolidating financial statements of Borrower and its Subsidiaries; (b) unaudited quarterly financial statements of Borrower the Parent and its Subsidiaries prepared on a as of the last day of such fiscal quarter and the consolidated basis which shall include a balance sheetstatements of income, a statement of income retained earnings, and a statement of cash flows of the Parent and its Subsidiaries for such fiscal quarter and for the fiscal year-to-date period then ended, each in reasonable detail showing in comparative form the figures for the corresponding date and period in the previous fiscal -79- year, prepared by the Parent in accordance with comparisons GAAP (subject to budget for such quarter the absence of footnote disclosures and year-toend audit adjustments) and certified to by its chief financial officer or another officer of the Parent acceptable to the Administrative Agent; (ii) unless included in a Form 10-dateK delivered pursuant to clause (a)(iii) below, within 60 no later than 90 days after the end of each fiscal quarter of Borrower; (c) quarterly management or statistical reports which shall include subscriber, penetration, coverage and other operating statistics, within 60 days after the end of each fiscal quarter of Borrower; (d) an operating budget, capital budget and updated 10-year financial projections, prior to the beginning last day of each fiscal year of Borrower; (e) such other informationthe Parent, reports or statements concerning a copy of the operations, business affairs and/or financial condition consolidated balance sheet of Borrower the Parent and its Subsidiaries as of the Lender may reasonably request from time last day of the fiscal year then ended and the consolidated statements of income, retained earnings, and cash flows of the Parent and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, each in reasonable detail showing in comparative form the figures as of the end of and for the previous fiscal year, accompanied by an unqualified opinion of independent public accountants of recognized national standing selected by the Borrower, to timethe effect that the consolidated financial statements have been prepared in accordance with GAAP and present fairly in accordance with GAAP the consolidated financial condition of the Parent and its Subsidiaries as of the close of such fiscal year and the results of their operations and cash flows for the fiscal year then ended and that an examination of such accounts in connection with such financial statements has been made in accordance with generally accepted auditing standards and, accordingly, such examination included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances; and (fiii) promptly upon their becoming availableeach financial statement required to be furnished to the Lenders pursuant to subsection (i) or (ii) of this Section 7.6 shall be accompanied by copies of all proxy statements, information regarding any financial statements and reports the Parent sent to its shareholders, and copies of all other regular, periodic and special reports and all material changes registration statements the Parent filed with the SEC or modifications any successor thereto, or with any national securities exchanges: (A) in the case of licensesthe financial statements required to be furnished pursuant to subsection (i) above, permitsduring or in respect of the fiscal quarter covered by such financial statements and (B) in the case of the financial statements required to be furnished pursuant to subsection (ii) above, certificationsduring or in respect of the last fiscal quarter covered by such financial statements. The financial statements required to be delivered pursuant to this clause (a) may be delivered electronically and if so delivered, approvals and shall be deemed to have been delivered on the like necessary for Borrower earliest of the date (i) on which the Parent posts such financial statements, or provides a link thereto, on the Parent’s website on the Internet at the website address listed in Section 10.812.8, (ii) on which such documents are posted to own or operate its business or a substantial the SEC’s website (including as part of any 10-K or 10-Q filing) or (iii) on which such financial statements are posted on the Parent’s behalf on any Platform; provided that the Parent or the Borrower shall have notified the Administrative Agent of the posting of such financial statements. The Administrative Agent shall have no obligation to request the delivery or to maintain copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Parent with any such request for delivery, and each Lender shall be solely responsible for timely accessing posted documents or requesting delivery to it or maintaining its businesscopies of such documents.

Appears in 1 contract

Samples: Credit Agreement (Jones Lang Lasalle Inc)

Financial Reports and Other Information. Furnish, in form and substance reasonably satisfactory to Lender: (a) The Borrower will maintain a full system of accounting in accordance with GAAP and complete report will furnish to the Banks and their respective duly authorized representatives such information respecting the business and financial condition of Borrower's the Borrower and its Subsidiaries' consolidated financial condition at least once during Subsidiaries as any Bank may reasonably request; and without any request, the Borrower will furnish each 12-month period during of the term hereof but in no event later than 120 following to each Bank: within one hundred twenty (120) days after the end of each fiscal year of the Borrower, which shall include (i) annual a copy of the Borrower's financial statements prepared on a for such fiscal year, including the consolidated basis balance sheet of the Borrower for such year and audited the related statement of income and statement of cash flow, as certified by independent public accountants of recognized national standing selected by the Borrower and reasonably acceptable in accordance with GAAP with such accountants' opinion to Lender, accompanied by an opinion of such accountants reasonably acceptable to Lender, and (ii) unaudited annual consolidating the effect that the financial statements have been prepared in accordance with GAAP and present fairly in all material respects in accordance with GAAP the consolidated financial position of Borrower and its Subsidiaries; (b) unaudited quarterly financial statements of Borrower the Company and its Subsidiaries prepared on a consolidated basis which shall include a balance sheet, a statement as of income the close of such fiscal year and a statement the results of their operations and cash flows for the fiscal year then ended and that an examination of such quarter accounts in connection with such financial statements has been made in accordance with generally accepted auditing standards and, accordingly, such examination included such tests of the accounting records and year-to-date with comparisons to budget for such quarter and year-to-date, other auditing procedures as were considered necessary in the circumstances; within 60 sixty (60) days after the end of each of the first three quarterly fiscal quarter periods of the Borrower, a consolidated unaudited balance sheet of the Borrower, and the related statement of income and statement of cash flow, as of the close of such period, all of the foregoing prepared by the Borrower in reasonable detail in accordance with GAAP and certified by the Borrower's chief financial officer as fairly presenting the financial condition as at the dates thereof and the results of operations for the periods covered thereby; and within five (c5) quarterly management or statistical reports which shall include subscriber, penetration, coverage and other operating statistics, within 60 days after Borrower files a Form 8-K with the end SEC, a copy of each fiscal quarter of Borrower; (d) an operating budget, capital budget and updated 10said form 8-year financial projections, prior to the beginning of each fiscal year of Borrower; (e) such other information, reports or statements concerning the operations, business affairs and/or financial condition of Borrower and its Subsidiaries as the Lender may reasonably request from time to time; and (f) promptly upon their becoming available, information regarding any and all material changes or modifications of licenses, permits, certifications, approvals and the like necessary for Borrower to own or operate its business or a substantial part of its business.K.

Appears in 1 contract

Samples: Credit Agreement (Peoples Energy Corp)

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