Financial Statements, Reports Clause Samples
The 'Financial Statements; Reports' clause requires a party, typically a borrower or business partner, to provide regular financial information and reports to another party, such as a lender or investor. This may include delivering audited annual financial statements, interim financial reports, or other specified documentation within set timeframes. By mandating the timely sharing of financial data, the clause enables the recipient to monitor the financial health and compliance of the reporting party, thereby reducing risk and supporting informed decision-making.
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Financial Statements, Reports. Provide Bank with the following by submitting to the Financial Statement Repository or otherwise submitting to Bank:
(a) a Borrowing Base Statement (and any schedules related thereto and including any other information requested by Bank with respect to Borrower’s Accounts), including, without limitation, a detailed accounts receivable ledger (i) when a Streamline Period is not in effect, no later than Friday of each week and with each request for an Advance, and (ii) when a Streamline Period is in effect, within seven (7) days after the end of each month;
(b) within thirty (30) days after the end of each month, (A) monthly accounts receivable agings, aged by invoice date, (B) monthly accounts payable agings, aged by invoice date, and outstanding or held check registers, if any, and (C) monthly reconciliations of accounts receivable agings (aged by invoice date), detailed Account Debtor listing, Deferred Revenue report, and general ledger;
(c) as soon as available, but no later than thirty (30) days after the last day of each month, a company prepared balance sheet and income statement covering Borrower’s consolidated operations for such month in a form acceptable to Bank (the “Monthly Financial Statements”);
(d) within thirty (30) days after the last day of each month and together with the Monthly Financial Statements, a completed Compliance Statement confirming that, as of the end of such month, Borrower was in full compliance with all of the terms and conditions of this Agreement, and setting forth calculations showing compliance with the financial covenants set forth in this Agreement and such other information as Bank may reasonably request, including, without limitation, a statement that at the end of such month there were no held checks;
(e) within the later of thirty (30) days after (i) the last day of each fiscal year of Borrower or (ii) approval by Borrower’s Board of Directors, and in each case, contemporaneously with any updates or amendments thereto, (A) annual operating budgets (including income statements, balance sheets and cash flow statements, by month) for the upcoming fiscal year of Borrower, and (B) annual financial projections for the following fiscal year (on a quarterly basis), in each case as approved by the Board, together with any related business forecasts used in the preparation of such annual financial projections;
(f) as soon as available, and in any event within one hundred eighty (180) days following the end of Borrower’s fi...
Financial Statements, Reports. Furnish to Agent:
Financial Statements, Reports. Deliver to Bank by submitting to the Financial Statement Repository:
Financial Statements, Reports. Furnish to each Lender:
(a) within 120 days after the end of each fiscal year of NWS, consolidated balance sheets of NWS and its Subsidiaries and related consolidated statements of income and cash flows showing the financial condition of NWS and its Subsidiaries as of the close of such fiscal year and the results of their operations and cash flows during such fiscal year, all audited by Coopers & Lybr▇▇▇ ▇.▇.P. or other independent certified public accountants of recognized national standing and accompanied by an opinion of such accountants (which shall not be qualified in any material respect) to the effect that such financial statements fairly present the financial condition, results of operations and cash flows of NWS and its Subsidiaries, in accordance with generally accepted accounting principles consistently applied (except for any changes with which such accountants concur in writing);
(b) within 60 days after the end of each of the first three fiscal quarters in each fiscal year of NWS, unaudited consolidated balance sheets and related statements of income and cash flows showing the financial condition of NWS and its Subsidiaries as of the close of such quarter and the results of their operations and cash flows for such quarter and the then elapsed portion of the fiscal year, all certified by a Financial Officer of NWS as fairly presenting the financial condition, results of operations and cash flows of NWS and its Subsidiaries, in accordance with generally accepted accounting principles applied consistently with those used in preparing the statements delivered pursuant to (a) above and subject to normal year-end audit adjustments;
(c) concurrently with any delivery under (a) or (b) above, a certificate of a Financial Officer of NWS certifying (i) that no Event of Default, or event or condition which with notice or lapse of time or both would constitute an Event of Default, has occurred or, if such an Event of Default or event or condition has 90 occurred, specifying the nature and extent thereof and (ii) setting forth computations in reasonable detail satisfactory to the Administrative Agent demonstrating (x) compliance with the covenants contained in Sections 6.14, 6.15, 6.17 and 6.18 and (y) the ratio of Adjusted Indebtedness to Consolidated Cash Flow Available for Fixed Charges for purposes of determining the Applicable Margin;
(d) within 12 Business Days after the end of each calendar month, a Borrowing Base Certificate certified by a Financia...
Financial Statements, Reports. Provide Bank with the following by submitting to the Financial Statement Repository or otherwise submitting to Bank:
Financial Statements, Reports. 4.6.1. Colonial Financial has previously made available to Cape Bancorp the Colonial Financial Financial Statements. The Colonial Financial Financial Statements have been prepared in accordance with GAAP, and (including the related notes where applicable) fairly present in each case in all material respects (subject in the case of the unaudited interim statements to normal year-end adjustments) the consolidated financial position, results of operations and cash flows of Colonial Financial and the Colonial Financial Subsidiaries on a consolidated basis as of and for the respective periods ending on the dates thereof, in accordance with GAAP during the periods involved, except as indicated in the notes thereto, or in the case of unaudited statements, as permitted by Form 10-Q.
4.6.2. At the date of each balance sheet included in the Colonial Financial Financial Statements, Colonial Financial did not have any liabilities, obligations or loss contingencies of any nature (whether absolute, accrued, contingent or otherwise) of a type required to be reflected in such Colonial Financial Financial Statements or in the footnotes thereto which are not fully reflected or reserved against therein or fully disclosed in a footnote thereto, except for liabilities, obligations and loss contingencies which are not material individually or in the aggregate or which are incurred in the ordinary course of business, consistent with past practice, and except for liabilities, obligations and loss contingencies which are within the subject matter of a specific representation and warranty herein and subject, in the case of any unaudited statements, to normal, recurring audit adjustments and the absence of footnotes.
4.6.3. Except as disclosed in Colonial Financial DISCLOSURE SCHEDULE 4.6.3, Colonial Financial and each Colonial Financial Subsidiary has timely filed all reports, forms, schedules, registrations, statements and other documents, together with any amendments required to be made with respect thereto, that it was required to file since December 31, 2013 with any Governmental Entity and has paid all fees and assessments due and payable in connection therewith. The Colonial Financial Regulatory Reports, to the extent they contain financial information, have been prepared in all material respects in accordance with applicable regulatory accounting principles and practices throughout the periods covered by such statements.
4.6.4. Colonial Financial (x) has implemented and main...
Financial Statements, Reports. The Company will furnish to the Agent and each Lender:
Financial Statements, Reports. The Borrower shall furnish to the Bank: (i) within one hundred twenty (120) days after the last day of each fiscal year of the Borrower, a copy of the annual audit report of the Borrower prepared in accordance with GAAP, with detail reasonably satisfactory to the Bank, and consisting of at least a statement of assets and liabilities for each of the Series (including the Fund) as at the close of such fiscal year, a Schedule of Investments for each of the Series (including the Fund) as at the close of such fiscal year, a statement of operations for each of the Series (including the Fund) for such fiscal year and a statement of changes in net assets for each of the Series (including the Fund) for such fiscal year, and certified by an independent certified public accountant satisfactory to the Bank; (ii) statements of the Borrower's and the Fund's Net Assets and the market value of the assets of each Series (including the Fund) of the Borrower, whether or not held by the Custodian, on a daily basis whenever any Loans are outstanding hereunder and otherwise upon the Bank's request; (iii) promptly upon transmission thereof, copies of all regular and periodic financial information, proxy materials and other information and reports, if any, which the Borrower shall file with the Securities and Exchange Commission or any governmental agencies substituted therefor or which the Borrower shall send to its shareholders generally; and (iv) such other reports and information as the Bank may reasonably request from time to time.
Financial Statements, Reports. The Borrower shall furnish to the Bank: (i) within one hundred twenty (120) days after the last day of each fiscal year of the Fund, a copy of the annual audit report of the Fund prepared in accordance with GAAP and consisting of at least a statement of assets and liabilities for the Fund as at the close of such fiscal year, a Schedule of Investments for the Fund as at the close of such fiscal year, a statement of operations for the Fund for such fiscal year, and a statement of changes in net assets for the Fund for such fiscal year, and certified by an independent certified public accountant reasonably satisfactory to the Bank; (ii) stat- ements of the Fund's Net Assets and the market value of the assets of the Fund, whether or not held by the Custodian, on each Business Day any Loans are outstanding hereunder and otherwise upon the Bank's request; (iii) promptly upon transmission thereof, copies of all regular and periodic financial information, proxy materials, and other information and reports, if any, which the Borrower shall file with the Securities and Exchange Commission or any governmental agencies substituted therefor or which the Borrower shall send to holders of interests in the Fund generally; and (iv) promptly, any amendments to or restatements of the Fund Statement (including without limitation the Statement of Additional Information) or Prospectus; and (v) such other reports and information as the Bank may reasonably request from time to time. The Bank agrees that the Borrower shall have no obligation to deliver any document, report or financial statement to the Bank hereunder if the same is publicly available through the SEC’s E▇▇▇▇ system or similar system.
Financial Statements, Reports. Deliver to Agent by submitting to the Financial Statement Repository, for Agent’s distribution to each Lender: