Financial Statements, Notices Clause Samples

The 'Financial Statements, Notices' clause requires one party to provide the other with regular financial statements and formal notifications as specified in the agreement. Typically, this means delivering audited or unaudited financial reports, balance sheets, or income statements within a set timeframe, and sending notices about significant financial events or changes. This clause ensures transparency and keeps all parties informed about the financial status and important developments, thereby reducing the risk of misunderstandings or disputes related to financial matters.
Financial Statements, Notices. Maintain an adequate system of accounting in accordance with sound accounting practice, and furnish to the Administrative Agent and the Lenders such information respecting the business, assets and financial condition of the Borrower and its Subsidiaries as the Administrative Agent or any Lender may reasonably request and, without request, furnish to the Administrative Agent and the Lenders: (a) as soon as available, and in any event within sixty (60) days after the end of each Fiscal Quarter (other than any Fiscal Quarter that completes a Fiscal Year), financial statements including the balance sheet for the Borrower and its Subsidiaries as of the end of each such Fiscal Quarter and statements of income, changes in shareholders’ equity and cash flows of the Borrower and its Subsidiaries for each such Fiscal Quarter and for that part of the Fiscal Year ending with such Fiscal Quarter, setting forth in each case, in comparative form, figures for the corresponding periods in the preceding Fiscal Year certified as true, correct and complete, subject to review and normal year-end adjustments, by the chief financial officer of the Borrower. The Administrative Agent and the Lenders agree that posting to ▇▇▇▇▇ of the Form 10-Q for the Borrower for each Fiscal Quarter will meet all financial statement delivery requirements of this Section 6.3(a); (b) as soon as available, and in any event within seventy-five (75) days after the close of each Fiscal Year, a copy of the detailed annual audit report for such year and accompanying financial statements for the Borrower and its Subsidiaries as of the end of such year, containing balance sheets and statements of income, changes in shareholders’ equity and cash flows for such year and for the previous Fiscal Year, as audited by independent certified public accountants of recognized standing selected by the Borrower and satisfactory to the Required Lenders, which report shall be accompanied by (i) the unqualified opinion of such accountants to the effect that the statements present fairly, in all Material respects, the financial position of the Borrower as of the end of such year and the results of its operations and its cash 4891-7239-4657\7 4889-9803-5617\4 flows for the year then ended in conformity with GAAP; and (ii) a certificate of such accountants stating that their audit disclosed no Default or that their audit disclosed a Default and specifying the same and the action taken or proposed to be taken with respect the...
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Financial Statements, Notices. Deliver to the Collateral Agent:
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Financial Statements, Notices. Deliver to the Blackstone Representative and Agent, for distribution to the Lenders:
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Financial Statements, Notices. Deliver to Lender:
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Financial Statements, Notices. Between the date hereof and the Closing Date, to the extent Seller receives the same from ▇▇▇▇▇▇, Seller shall provide Buyer within thirty (30) days following the end of each calendar month unaudited balance sheets and related statements (for the month ended and year-to-date) of income for the System prepared in accordance with GAAP (other than normal year-end and other adjustments and accruals which will not be included in such statements). In addition, between the date hereof and the Closing Date, Seller shall provide to Buyer copies of all notices, correspondence and other information and data received by Seller from ▇▇▇▇▇▇ or any other source in any way relating to or affecting the System.
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Financial Statements, Notices. Deliver to the Agent and the Lenders:
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Financial Statements, Notices. Deliver to the Administrative Agent: (a) Financial Statements.
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Financial Statements, Notices. Submit to each Facility Agent (but in the case of each Trustee, only the information described in clauses (a), (b), (d) and (e)) in sufficient number of copies for each Lender: (a) as soon as available, and in any event within 120 days after the end of each fiscal year of the Borrower, (I) the annual audited financial statements of the Borrower and the Subsidiaries, including the balance sheet of the Borrower and its Subsidiaries as of the end of such fiscal year, and the related statement of income and statement of cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, in each of the foregoing cases on a Consolidated basis, accompanied by an opinion of an Approved Accounting Firm, together with (i) a certificate of such accounting firm stating that in the course of the regular audit of the business of the Borrower and the Subsidiaries, which audit was conducted by such accounting firm in accordance with IFRS, consistently applied, such accounting firm has obtained no knowledge that a Default has occurred and is continuing, or if, in the opinion of such accounting firm a Default has occurred and is continuing, a statement as to the nature thereof, (ii) a schedule in form satisfactory to each Facility Agent of the computations used by such accountants in determining, as of the end of such fiscal year, compliance with the covenants contained in Section 5.16, (iii) a management letter or other communication from such accounting firm commenting, with respect to such fiscal year, on, among other things, the adequacy of the Borrower’s and its Subsidiaries’ financial control procedures, accounting systems and management information systems, and (iv) a certificate of the chief financial officer of the Borrower stating that no Default has occurred and is continuing or, if a Default has occurred and is continuing, a statement as to the nature thereof and the action that the Borrower has taken and proposes to take with respect thereto and (II) the annual audited financial statements of the each Project Subsidiary and each Unrestricted Subsidiary, in each case to the extent the same is an operating company, including the balance sheet of each such Subsidiary as of the end of such fiscal year, and the related statement of income and statement of cash flows of each such Subsidiary for the fiscal year then ended, accompanied by an opinion of an Approved Accounting ▇▇▇▇ . Such financial statements shall be presented in or accompanied by a certifie...
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Financial Statements, Notices. Deliver to the Agent, for distribution to the Lenders: (a) Financial Statements.
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Related to Financial Statements, Notices

  • Financial Statements (a) Schedule 5.6(a) sets forth the unaudited balance sheet for the Business as at September 30, 1999 (the "Balance Sheet") and unaudited statement of income of the Business for the nine-month period ended September 30, 1999 (collectively, the "Financial Statements"). Except as set forth in Schedule 5.6(a), the Financial Statements have been prepared on a pre-tax basis in accordance, in all material respects, with GAAP applied on a basis consistent with prior periods. Except as set forth in Schedule 5.6(a), the Balance Sheet presents fairly in all material respects the financial condition of the Business as of its date and the income statement included in the Financial Statements presents fairly in all material respects the results of operations of the Business for the periods covered thereby. The books and records of Seller from which the Financial Statements were prepared were complete and accurate in all material respects at the time of such preparation. (b) Except as disclosed in Schedule 5.6(b), Seller has no liabilities with respect to the Business or the Assets which would constitute Assumed Liabilities, either direct or indirect, matured or unmatured or absolute, contingent or otherwise, except: (1) those liabilities set forth in the Financial Statements or referred to in the notes to the Financial Statements and not heretofore paid or discharged; (2) those liabilities relating to or arising from matters disclosed in any other Schedule hereto; (3) liabilities arising in the ordinary course of business consistent with past practices under any Contract or Legal Requirements; (4) those liabilities incurred, consistent with past practices, in or as a result of the ordinary course of business since the Balance Sheet Date which do not and could not be reasonably expected to, in the aggregate, result in a Material Adverse Effect; (5) those liabilities and obligations that are the subject of Article X; and (6) those liabilities, which, if outstanding as of the Closing Date, would result in a decrease to the Purchase Price in accordance with Section 3.1(b) or (d).