Common use of Financial Test Clause in Contracts

Financial Test. The Guarantor represents and warrants that as of the date hereof it has immediately available no less than $20 million in cash or readily marketable securities ("Liquid Assets") to be used for satisfaction of the Obligations, if necessary. The Guarantor agrees that at all times during the term of this Guarantee, it will have immediately available Liquid Assets equal to no less than two times the Guarantee Limit (the "Financial Test"). Guarantor shall provide the Seller with (i) annual financial statements in accordance with generally accepted accounting principles consistently applied within 120 days following the end of each fiscal year of the Guarantor and (ii) quarterly financial statements certified by Guarantor's Chief Financial Officer to be materially true and correct within 45 days of the end of each calendar quarter. Additionally, on each date Guarantor delivers the above referenced financial statements, Guarantor shall also provide a certificate of Guarantor's Chief Financial Officer certifying to the amount of Liquid Assets on hand.

Financial Test. The Guarantor represents and warrants that as of the date hereof it has immediately available no less than $20 million in cash or readily marketable securities ("“Liquid Assets"”) to be used for satisfaction of the Obligations, if necessary. The Guarantor agrees that at all times during the term of this Guarantee, it will have immediately available Liquid Assets equal to no less than two times the Guarantee Limit (the "“Financial Test"”). Guarantor shall provide the Seller with (i) annual financial statements in accordance with generally accepted accounting principles consistently applied within 120 days following the end of each fiscal year of the Guarantor and (ii) quarterly financial statements certified by Guarantor's ’s Chief Financial Officer to be materially true and correct within 45 days of the end of each calendar quarter. Additionally, on each date Guarantor delivers the above referenced financial statements, Guarantor shall also provide a certificate of Guarantor's ’s Chief Financial Officer certifying to the amount of Liquid Assets on hand.