Going Concern Qualification Clause Samples

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Going Concern Qualification. Borrower receives a “going concern” qualification from its external auditors in the annual audited financial statement for the fiscal year ending April 30, 2005; or
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Going Concern Qualification. The existing provision allowing a going concern qualification in the auditor’s opinion for the fiscal year ending in September 2011 shall be modified to apply to the fiscal year ending in September 2015.
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Going Concern Qualification. The Borrower shall cause its external accountants to remove the "going concern" qualification issued in December 2003 by no later than April 30, 2004.
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Going Concern Qualification. Any annual financial statement delivered under Part 3 of this Schedule or any related correspondence from Party B’s and/or Parent’s independent certified public accountants contains a “going concern” or like qualification or exception as certified by Party B’s and/or Parent’s independent certified public accountants.
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Going Concern Qualification. The Required Banks hereby agree that a "going concern" qualification shall be an acceptable qualification in MSC's audit reports for the years ending December 31, 1996 and December 31, 1997 delivered pursuant to Section 5.1(a) of the Credit Agreement.
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Going Concern Qualification. If a going concern qualification has been noted in any of the Borrower's financial statements.
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Going Concern Qualification. 37 (n) Failure to Issue Financials......................................37 (o) Subordinated Note Purchase Agreement Default.....................37 (p) Prepayment of Principal Default..................................37 (q) Guarantor Default; Invalidity of Guaranty........................37 (r) Impairment of Security...........................................38 (s) Change of Control................................................38 (t) Material Adverse Change..........................................38 (u) Invalidity of Loan Documents.....................................38 (v) Restructure Agreement Default....................................38 (w) Additional Event of Default......................................38 Section 8.2 Consequences of Default....................................39 ARTICLE 9 AGENT..............................................................40
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Going Concern Qualification. A “going concern” qualification in an audit report in connection with the Borrower shall not be issued during the period commencing from the date hereof through the Maturity Date.
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Related to Going Concern Qualification

  • Tax Qualification Each Employee Benefit Plan intended to be qualified under Section 401(a) of the Code has been determined to be so qualified by the Internal Revenue Service and nothing has occurred since the date of the last such determination which resulted or is likely to result in the revocation of such determination.

  • REIT Qualification The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

  • Organization; Qualification The Company is a corporation duly organized and validly existing under the laws of the State of Delaware and is in good standing under such laws. The Company has all requisite corporate power and authority to own, lease and operate its properties and assets, and to carry on its business as presently conducted. The Company is qualified to do business as a foreign corporation in each jurisdiction in which the ownership of its property or the nature of its business requires such qualification, except where failure to so qualify would not have a material adverse effect on the Company.

  • Foreign Qualification The Company shall perform such acts as may be necessary or appropriate to register the Company as a foreign limited liability company authorized to do business in such jurisdictions as the Company shall deem necessary or appropriate in connection with the business of the Company.

  • Going Concern The Seller’s audited financial statements delivered to Buyer shall contain an audit opinion that is qualified or limited by reference to the status of Seller as a “going concern” or reference of similar import;