Parent Financial Reporting. The Borrower will cause the Parent to deliver to the Administrative Agent (which shall promptly make such information available to the Lenders in accordance with its customary practice): (i) as soon as available and in any event within 90 days after the end of each Fiscal Year, a consolidated balance sheet of the Parent and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income and cash flows for such Fiscal Year, setting forth in each case in comparative form the figures for the previous Fiscal Year, all reported on by independent public accountants of nationally recognized standing, with such report to be free of any “going concern” or similar qualification or exception or any qualification as to the scope of such audit; (ii) as soon as available and in any event within 60 days after the end of each of the first three Fiscal Quarters of each Fiscal Year, a consolidated balance sheet of the Parent and its Subsidiaries as of the end of such Fiscal Quarter and the related consolidated statement of income and cash flows for such Fiscal Quarter and for the portion of the Fiscal Year ended at the end of such Fiscal Quarter, setting forth in each case in comparative form the figures for the corresponding Fiscal Quarter and the corresponding portion of the previous Fiscal Year, all certified by a Financial Officer of the Parent to present fairly in all material respects the financial condition of the Parent and its Subsidiaries on a consolidated basis as of their respective dates and the results of operations of the Parent and its Subsidiaries for the respective periods then ended, subject to normal year-end adjustments and the absence of footnotes; and (iii) no later than five (5) Business Days following the delivery of each set of financial statements referred to in Sections 5.01(a)(i) and 5.01(a)(ii), a certificate of a Financial Officer of the Parent demonstrating and certifying compliance with the financial covenant set forth in Section 5.01(i).
Appears in 6 contracts
Sources: Credit Agreement (American Water Works Company, Inc.), Term Loan Credit Agreement (American Water Works Company, Inc.), Credit Agreement (American Water Works Company, Inc.)
Parent Financial Reporting. The Borrower will cause the Parent to deliver to the Administrative Agent (which shall promptly make such information available to and the Lenders in accordance with its customary practice):Lenders:
(i) as soon as available and in any event within 90 days after the end of each Fiscal Year, a consolidated balance sheet of the Parent and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income and cash flows for such Fiscal Year, setting forth in each case in comparative form the figures for the previous Fiscal YearYear (for purposes hereof, delivery of the Parent’s appropriately completed Annual Report on Form 10-K (which shall be deemed to be delivered when posted on the SEC’s website at ▇▇▇.▇▇▇.▇▇▇ or any replacement website if the Administrative Agent shall have received notice thereof no later than five Business Days following such posting) will be sufficient in lieu of delivery of such consolidated financial statements), all reported on by independent public accountants of nationally recognized standing, with such report to be free of any “going concern” or similar qualification or exceptions and qualifications and free of any exception or any qualification as to the scope of such the audit;
(ii) as soon as available and in any event within 60 days after the end of each of the first three Fiscal Quarters of each Fiscal YearQuarter, a consolidated balance sheet of the Parent and its Subsidiaries as of the end of such Fiscal Quarter and the related consolidated statement of income and cash flows for such Fiscal Quarter and for the portion of the Fiscal Year ended at the end of such Fiscal Quarter, setting forth in each case in comparative form the figures for the corresponding Fiscal Quarter and the corresponding portion of the previous Fiscal YearYear (for purposes hereof, delivery of the Parent’s appropriately completed Quarterly Report on Form 10-Q (which shall be deemed to be delivered when posted on the SEC’s website at ▇▇▇.▇▇▇.▇▇▇ or any replacement website if the Administrative Agent shall have received notice thereof no later than five Business Days following such posting) will be sufficient in lieu of delivery of such consolidated financial statements), all certified by a Financial Officer of the Parent to present fairly in all material respects the financial condition of the Parent and its Subsidiaries on a consolidated basis as of their respective dates and the results of operations of the Parent and its Subsidiaries for the respective periods then ended, (subject to normal year-end adjustments and the absence of footnotes) as to fairness of presentation in accordance with GAAP and consistency by a Financial Officer of the Parent; and
(iii) no later than five (5) Business Days following the delivery of each set of financial statements referred to in Sections 5.01(a)(isubsections (a)(i) and 5.01(a)(ii)(a)(ii) of this Section 5.01, a certificate of a Financial Officer of the Parent demonstrating and certifying compliance with the financial covenant set forth in Section 5.01(i5.01 (i).
Appears in 2 contracts
Sources: Credit Agreement (American Water Works Company, Inc.), Credit Agreement (American Water Capital Corp.)
Parent Financial Reporting. The Borrower Parent will cause the Parent to deliver to the -------------------------- Administrative Agent (which shall promptly make such information available to and the Lenders in accordance with its customary practice):Lenders:
(i) as soon as available and in any event within 90 120 days after the end of each Fiscal Year, a consolidated balance sheet of the Parent and its Subsidiaries as of the end of such Fiscal Year and the related consolidated statements of income and cash flows for such Fiscal Year, setting forth in each case in comparative form the figures for the previous Fiscal YearYear (for purposes hereof, delivery of the Parent's appropriately completed Annual Report on Form 10-K will be sufficient in lieu of delivery of such consolidated financial statements), all reported on by independent public accountants of nationally recognized standing, with such report to be free of any “going concern” or similar qualification or exception or any qualification as exceptions and qualifications not reasonably acceptable to the scope of such auditAdministrative Agent and the Lenders;
(ii) as soon as available and in any event within 60 days after the end of each of the first three Fiscal Quarters of each Fiscal YearQuarter, a consolidated balance sheet of the Parent and its Subsidiaries as of the end of such Fiscal Quarter and the related consolidated statement of income and cash flows for such Fiscal Quarter and for the portion of the Fiscal Year ended at the end of such Fiscal Quarter, setting forth in each case in comparative form the figures for the corresponding Fiscal Quarter and the corresponding portion of the previous Fiscal YearYear (for purposes hereof, delivery of the Parent's appropriately completed Quarterly Report on Form 10-Q will be sufficient in lieu of delivery of such consolidated financial statements), all certified by a Financial Officer of the Parent to present fairly in all material respects the financial condition of the Parent and its Subsidiaries on a consolidated basis as of their respective dates and the results of operations of the Parent and its Subsidiaries for the respective periods then ended, (subject to normal year-end adjustments adjustments) as to fairness of presentation, GAAP and consistency by the absence chief financial officer or the chief accounting officer of footnotesthe Parent; and
(iii) no later than five (5) Business Days following simultaneously with the delivery of each set of financial statements referred to in Sections 5.01(a)(isubsections (a)(i) and 5.01(a)(ii)(a)(ii) of this Section 5.01, a certificate of a Financial Officer the chief financial officer or the chief accounting officer of the Parent demonstrating and certifying compliance with the financial covenant set forth in Section 5.01(i5.01(k).
Appears in 1 contract
Sources: 364 Day Credit Agreement (American Water Works Co Inc)