Common use of Quarterly Financials Clause in Contracts

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of each fiscal year, (a) the consolidated and consolidating balance sheets of Lessee and its Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee and its Subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12)), all in reasonable detail and certified by the chief financial officer of Lessee that they fairly present the financial condition of Lessee and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2);

Appears in 7 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc)

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Quarterly Financials. (a) as soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets of Lessee Company and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustmentsadjustments and the absence of footnote disclosure, and (b) within 45 days after the end of each of the first three Fiscal Quarters of each Fiscal Year, a narrative report describing the operations of Lessee Company and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter; provided it being understood and agreed that the delivery of Lessee's Company’s Form 10-Q for such fiscal quarter promptly following the filing thereof with the Securities and Exchange Commission shall be deemed to satisfy the delivery requirements of set forth in this subsection 6(a)(2clause (subject to the time periods set forth in this clause (ii));

Appears in 6 contracts

Samples: Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of each fiscal yearthe first three Fiscal Quarters, (a) the consolidated and consolidating balance sheets sheet of Lessee Holdings and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Holdings and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Holdings and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a written analysis or narrative report describing the operations of Lessee Holdings and its Subsidiaries in the form prepared for presentation reasonably satisfactory to senior management for such fiscal quarter Administrative Agent and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 4 contracts

Samples: Credit Agreement (IntraLinks Holdings, Inc.), Assignment and Assumption (IntraLinks Holdings, Inc.), Credit Agreement (IntraLinks Holdings, Inc.)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of each fiscal yearthe first three Fiscal Quarters, (a) the consolidated and consolidating balance sheets sheet of Lessee Company and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, adjustments and (b) a written analysis or narrative report describing the operations of Lessee Company and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter be agreed upon by Administrative Agent and Company and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter; provided that that, prior to the delivery of Lessee's Form 10the audited year-Q end financial statements for such fiscal quarter Fiscal Year 2006, the financial statements provided for in this clause (ii) shall be deemed subject to satisfy the requirements of this subsection 6(a)(2)Restatement and Related Matters;

Appears in 4 contracts

Samples: Intercreditor Agreement (SafeNet Holding Corp), Intercreditor Agreement (SafeNet Holding Corp), Assignment and Assumption (SafeNet Holding Corp)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter Fiscal Quarter of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets of Lessee Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Borrower that they fairly present present, in all material respects, the financial condition of Lessee Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter and (c) a Borrowing Base Certificate;

Appears in 3 contracts

Samples: Credit Agreement (Integrated Defense Technologies Inc), Credit Agreement (Integrated Defense Technologies Inc), Credit Agreement (Integrated Defense Technologies Inc)

Quarterly Financials. as As soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (ai) the consolidated and consolidating balance sheets sheet of Lessee the Parent and its Subsidiaries as at the end of such fiscal quarter period and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee the Parent and its Subsidiaries for such fiscal quarter period and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterperiod, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current Fiscal Year, to the extent prepared for such fiscal year delivered pursuant to subsection 6(a)(12))period, all in reasonable detail and certified by the chief financial officer of Lessee the Parent that they were prepared in accordance with GAAP and fairly present present, in all material respects, the financial condition of Lessee the Parent and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (bii) a narrative report describing the operations of Lessee the Parent and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter period and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)period;

Appears in 2 contracts

Samples: Credit Agreement (Tennenbaum Capital Partners LLC), Credit Agreement (Dialogic Inc.)

Quarterly Financials. as soon as available and in any event within the earlier of (a) 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year and (b) if Borrower is a public reporting company at such time, such earlier date as the Securities and Exchange Commission requires the filing of such information (or, if Borrower is required to file such information on a Form 10-Q with the Securities and Exchange Commission, promptly following such filing), (a) the consolidated and consolidating balance sheets sheet of Lessee Parent and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity operations and cash flows of Lessee Parent and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Parent that they fairly present present, in all material respects, the financial condition of Lessee Parent and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Parent and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided Fiscal Quarter (it being understood that the foregoing requirements may be satisfied by delivery of Lessee's Borrower’s report to the Securities and Exchange Commission on Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2Q);

Appears in 2 contracts

Samples: Credit Agreement (Brand Energy & Infrastructure Services, Inc), Credit Agreement (Brand Intermediate Holdings Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter Fiscal Quarter (other than the fourth Fiscal Quarter of each fiscal yearany Fiscal Year), commencing with the Fiscal Quarter ending on June 30, 2007, (a) the consolidated and consolidating balance sheets of Lessee and its Subsidiaries the Borrower Entities, as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity income and statement of cash flows of Lessee and its Subsidiaries the Borrower Entities for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth forth, in each the case of statements of income only, in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12)Fiscal Year (if any), all prepared in accordance with GAAP and in reasonable detail and certified by a Responsible Officer of the chief financial officer of Lessee Borrowers that they fairly present present, in all material respects, the financial condition of Lessee and its Subsidiaries the Borrower Entities as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, ; and (b) a narrative report describing the operations of Lessee and its Subsidiaries the Borrower Entities, in the form prepared for presentation to senior management each case, for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery Fiscal Quarter, which report shall include a summary describing material changes to the status, as of Lessee's Form 10-Q for the end of such fiscal quarter shall be deemed Fiscal Quarter, of Entitlements and other Governmental Authorizations related to satisfy the requirements of this subsection 6(a)(2)Real Property Collateral;

Appears in 2 contracts

Samples: Credit Agreement (FX Real Estate & Entertainment Inc.), Credit Agreement (FX Real Estate & Entertainment Inc.)

Quarterly Financials. as As soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year and within 90 days after the end of the fourth Fiscal Quarter of each Fiscal Year, (ai) the consolidated and consolidating balance sheets of Lessee the Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee the Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee the Borrower that they fairly present present, in all material respects, the financial condition of Lessee the Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (bii) a narrative report describing the operations of Lessee the Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 2 contracts

Samples: Credit Agreement (Pantry Inc), Credit Agreement (Pantry Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (ai) the consolidated and consolidating balance sheets of Lessee Company and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (bii) a narrative report describing the operations of Lessee Company and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets of Lessee Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Borrower that they fairly present present, in all material respects, the financial condition of Lessee Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, ; and (b) a narrative report describing the operations of Lessee Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided Fiscal Year (it being understood that delivery of Lessee's the narrative report as contained in Borrower’s regular and periodic reports on Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements sufficient for purposes of this subsection 6(a)(2clause (b));

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets of Lessee Company and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Company and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Korn Ferry International)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of each fiscal yearFiscal Quarter, (a) the consolidated and consolidating balance sheets sheet of Lessee Holdings and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Holdings and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter, Fiscal Quarter and setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Budget for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Holdings that they fairly present present, in all material respects, the financial condition of Lessee Holdings and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Holdings and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter; provided that delivery of LesseeBorrower's Form 10-Q for such fiscal quarter Fiscal Quarter (if any) shall be deemed to satisfy the requirements of this subsection 6(a)(2clause (b);

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Prime Succession Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter Fiscal Quarter of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets of Lessee Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Borrower that they fairly present present, in all material respects, the financial condition of Lessee Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter and (c) a Borrowing Base Certificate;

Appears in 1 contract

Samples: Credit Agreement (Vertex Aerospace Inc)

Quarterly Financials. as soon as available and in any event within (x) 45 days after the end of each fiscal quarter Fiscal Quarter (other than each fourth Fiscal Quarter), or (y) 90 days after the end of each fiscal yearfourth Fiscal Quarter, (a) the consolidated and consolidating balance sheets sheet of Lessee Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer senior director of Lessee finance of Borrower that they fairly present present, in all material respects, the financial condition of Lessee Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) if requested by Administrative Agent, a narrative report describing the operations of Lessee Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Quarterly Financials. as soon as available and in any event within 45 60 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets of Lessee Company and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee the Company that they fairly present present, in all material respects, the financial condition of Lessee Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter; provided that delivery of Lessee's such financial statements and certificates for any Fiscal Quarter shall be deemed delivered to the Administrative Agent and Lenders hereunder at the time Company files with the Securities and Exchange Commission its quarterly report on Form 10-Q for such fiscal quarter shall be deemed to satisfy that Fiscal Quarter, accompanied by the requirements certifications required under Sections 302 and 906 of this subsection 6(a)(2)the Sarbanes Oxley Act of 2002;

Appears in 1 contract

Samples: Credit Agreement (Sybron Dental Specialties Inc)

Quarterly Financials. as soon as available and in any event within (x) 45 days after the end of each fiscal quarter Fiscal Quarter (other than each fourth Fiscal Quarter), or (y) 90 days after the end of each fiscal yearfourth Fiscal Quarter, (a) the consolidated and consolidating balance sheets sheet of Lessee Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer senior director of Lessee finance or vice president of finance of Borrower that they fairly present present, in all material respects, the financial condition of Lessee Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, ,and (b) if requested by Administrative Agent, a narrative report describing the operations of Lessee Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each of the first three fiscal quarter quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets sheet of Lessee Holdings and its Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements statement of income, stockholders' equity and cash flows of Lessee Holdings and its Subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter, setting forth in each case for the fiscal quarters subsequent to the completion of the audited financial statements for the Fiscal Year ending December 31, 2003 in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Holdings that they fairly present the financial condition of Lessee Holdings and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) after the filing of Holdings' first 10-Q following the Restatement Effective Date, a narrative report describing the operations of Lessee Holdings and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; , provided that delivery of Lessee's Form Holdings' 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2);

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Worldwide Holdings Inc)

Quarterly Financials. (a) as soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating Consolidated balance sheets of Lessee Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating Consolidated statements of income, stockholders' equity and cash flows of Lessee Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Borrower that they fairly present present, in all material respects, the financial condition of Lessee Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustmentsadjustments and the absence of footnote disclosure, and (b) within 45 days after the end of each of the first three Fiscal Quarters of each Fiscal Year, a narrative report describing the operations of Lessee Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter; provided it being understood and agreed that the delivery of Lessee's Borrower’s Form 10-Q for such fiscal quarter promptly following the filing thereof with the Securities and Exchange Commission shall be deemed to satisfy the delivery requirements of set forth in this subsection 6(a)(2clause (subject to the time periods set forth in this clause (ii));

Appears in 1 contract

Samples: Credit Agreement (Stancorp Financial Group Inc)

Quarterly Financials. as As soon as available and in any event within 45 forty-five (45) days after the end of each fiscal quarter Fiscal Quarter (other than the last Fiscal Quarter of each fiscal yearFiscal Year), with respect to the Consolidated Companies (ai) the consolidated and consolidating balance sheets thereof as of Lessee and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity equity, and cash flows of Lessee and its Subsidiaries thereof for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated financial plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Borrower that they fairly present the financial condition of Lessee and its Subsidiaries the Consolidated Companies, as at of the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (bii) a narrative report describing the operations of Lessee and its Subsidiaries thereof in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

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Quarterly Financials. as soon as available and in any event within 45 50 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) (i) the consolidated and consolidating balance sheets sheet of Lessee Company and its Subsidiaries as at the end of such fiscal quarter and Fiscal Quarter, (ii) the related consolidated and consolidating statements statement of income, stockholders' equity and cash flows income of Lessee Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter and (iii) the related consolidated statements of stockholders’ equity and cash flows of Company and its Subsidiaries for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Company and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (FTD Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets of Lessee Company and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of 63 Credit Agreement income, stockholders' equity and cash flows of Lessee Company and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Company and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Company and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Korn Ferry International)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) the consolidated and consolidating balance sheets sheet of Lessee Borrower and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Borrower and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the Borrower’s chief financial officer, chief executive officer, vice president of finance or other Officer designated by such chief financial officer of Lessee or chief executive officer that they fairly present present, in all material respects, the financial condition of Lessee Borrower and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end audit adjustments, and (b) a narrative report describing the operations of Lessee Borrower and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Thoratec Corp)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of each fiscal yearFiscal Quarter, (a) the consolidated and consolidating balance sheets sheet of Lessee Holdings and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Holdings and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter and, commencing Fiscal Year 2001, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Holdings that they fairly present present, in all material respects, the financial condition of Lessee Holdings and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Holdings and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter; provided that delivery of Lessee's Holdings' Form 10-Q for such fiscal quarter Fiscal Quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2clause (b);

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Prime Succession Inc)

Quarterly Financials. as As soon as available and in any event within 45 days after the end close of each of the first three fiscal quarter of quarters in each fiscal yearyear of Company, (a) to the extent prepared to comply with SEC requirements, a copy of Company’s report on SEC Form 10-Q filed with the SEC for such fiscal quarter, or, if no such Form 10-Q was filed by Company, the unaudited consolidated and consolidating condensed balance sheets sheet of Lessee Company and its Subsidiaries as at the end of such fiscal quarter and quarter, the related unaudited consolidated and consolidating condensed statements of income, stockholders' equity and cash flows income of Lessee Company and its Subsidiaries for such fiscal quarter and for the period from the beginning elapsed portion of the then current fiscal year to ended as of the end of such fiscal quarter and the related unaudited consolidated condensed statement of cash flows of Company and its Subsidiaries for the elapsed portion of the fiscal year ended as of the end of such fiscal quarter, setting forth in each case in setting forth the comparative form the corresponding consolidated figures for the corresponding periods in the prior fiscal year of Company or, in the case of such consolidated balance sheet, for the last day of the previous corresponding fiscal quarter in the prior fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))of Company, all in reasonable detail and of which shall be certified by the chief financial officer of Lessee that they Company as fairly present presenting the consolidated financial condition of Lessee Company and its Subsidiaries as at the respective dates indicated and the results of their consolidated operations and their cash flows for each of the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2);

Appears in 1 contract

Samples: Credit Agreement (Safeway Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of each fiscal yearFiscal Quarter, (a) the consolidated and consolidating balance sheets of Lessee Parent and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee Parent and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast Financial Plan for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Parent and Borrower that they fairly present present, in all material respects, the financial condition of Lessee Parent and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Parent and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (CFP Holdings Inc)

Quarterly Financials. as As soon as available and in any event within 45 forty-five (45) days after the end of each fiscal quarter Fiscal Quarter (other than the last Fiscal Quarter of each fiscal yearFiscal Year), with respect to the Consolidated Companies (ai) the consolidated and consolidating balance sheets thereof as of Lessee and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity ’ equity, and cash flows of Lessee and its Subsidiaries thereof for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated financial plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Borrower that they fairly present the financial condition of Lessee and its Subsidiaries the Consolidated Companies, as at of the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (bii) a narrative report describing the operations of Lessee and its Subsidiaries thereof in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Quarterly Financials. as soon as available and in any event within 45 forty-five (45) days after the end of each fiscal quarter of the first three Fiscal Quarters, consolidated financial information regarding the Company and its Subsidiaries, certified by the Chief Financial Officer of the Company, including (A) unaudited balance sheets as of the close of such Fiscal Quarter and the related statements of income and cash flow for that portion of the Fiscal Year ending as of the close of such Fiscal Quarter and (B) unaudited statements of income and cash flows for such Fiscal Quarter, in each fiscal case setting forth in comparative form the figures for the corresponding period in the prior year and the figures contained in the Projections for such Fiscal Year, all prepared in accordance with GAAP (subject to normal year, -end adjustments). Such financial information shall be accompanied by the certification of the Chief Financial Officer of the Company that such financial information presents fairly in accordance with GAAP (asubject to normal year-end adjustments) the consolidated financial position, results of operations and consolidating balance sheets statements of Lessee cash flows of the Company and its Subsidiaries Subsidiaries, on a consolidated basis, as at the end of such fiscal quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from then ended. In addition, the beginning of the then current fiscal year Company shall deliver to each Qualified Purchaser, within forty-five (45) days after the end of such fiscal quartereach of the first three Fiscal Quarters, setting forth in each case in comparative form a management discussion and analysis which includes a comparison to budget for that Fiscal Quarter and a comparison of performance for that Fiscal Quarter to the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12)), all in reasonable detail and certified by the chief financial officer of Lessee that they fairly present the financial condition of Lessee and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee and its Subsidiaries period in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)prior year;

Appears in 1 contract

Samples: Investors’ Rights Agreement (Intersections Inc)

Quarterly Financials. as soon as available and in any event within 45 60 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year and, with respect to the fourth Fiscal Quarter of each Fiscal Year, concurrently with the delivery of financial statements pursuant to subdivision (iii) below, (a) the consolidated and consolidating balance sheets sheet of Lessee and its Subsidiaries Borrower as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' partners’ equity and cash flows of Lessee and its Subsidiaries Borrower for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year Fiscal Year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year Fiscal Year delivered pursuant to subsection 6(a)(12)Section 6.1(xiii), all in reasonable detail and certified by the chief financial officer of Lessee Borrower that they fairly present the financial condition of Lessee and its Subsidiaries Borrower as at the dates indicated and the results of their its operations and their its cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee and its Subsidiaries in the form report, if any is prepared for presentation to senior management management, describing the operations of Borrower in the form so prepared for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2)Fiscal Quarter;

Appears in 1 contract

Samples: Credit Agreement (Eldorado Resorts LLC)

Quarterly Financials. as soon as available and in any event within 45 50 days after the end of each fiscal quarter of the first three Fiscal Quarters of each fiscal yearFiscal Year, (a) (i) the consolidated and consolidating balance sheets sheet of Lessee Holdings and its Subsidiaries as at the end of such fiscal quarter and Fiscal Quarter, (ii) the related consolidated and consolidating statements statement of income, stockholders' equity and cash flows income of Lessee Holdings and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter and (iii) the related consolidated statements of stockholders’ equity and cash flows of Holdings and its Subsidiaries for the period from the beginning of the then current Fiscal Year to the end of such Fiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12))Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Company that they fairly present present, in all material respects, the financial condition of Lessee Holdings and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee Holdings and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided Fiscal Quarter (it being understood that delivery the information required by this Section 6.1(iii) may be furnished in the form of Lessee's a Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2Q);

Appears in 1 contract

Samples: Credit Agreement (FTD Group, Inc.)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter of each fiscal year, (a) the consolidated and consolidating balance sheets of Lessee and its Subsidiaries as at the end of such fiscal quarter and the related consolidated and consolidating statements of income, stockholders' equity and cash flows of Lessee and its Subsidiaries for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and the corresponding figures from the consolidated plan and financial forecast for the current fiscal year delivered pursuant to subsection 6(a)(12)), all in reasonable detail and certified by the chief financial fi- nancial officer of Lessee that they fairly present the financial condition of Lessee and its Subsidiaries as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, and (b) a narrative report describing the operations of Lessee and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter and for the period from the beginning of the then current fiscal year to the end of such fiscal quarter; provided that delivery of Lessee's Form 10-Q for such fiscal quarter shall be deemed to satisfy the requirements of this subsection 6(a)(2);

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Quarterly Financials. as soon as available and in any event within 45 days after the end of each fiscal quarter Fiscal Quarter (other than the last Fiscal Quarter of each fiscal yearFiscal Year), (a) the consolidated and consolidating balance sheets sheet of Lessee Holdings and its Subsidiaries as at the end of such fiscal quarter Fiscal Quarter and the related consolidated and consolidating statements of income, stockholders' equity income and cash flows of Lessee Holdings and its Subsidiaries for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarterFiscal Quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods of the previous fiscal year and Fiscal Year or, in the case of consolidated balance sheets, the corresponding figures from as of the consolidated plan and financial forecast for end of the current fiscal year delivered pursuant to subsection 6(a)(12))preceding Fiscal Year, all in reasonable detail and certified by the chief financial officer of Lessee Holdings that they fairly present present, in all material respects, the consolidated financial condition of Lessee Holdings and its Subsidiaries Subsidiaries, as at the dates indicated and the results of their operations and their cash flows for the periods indicated, subject to changes resulting from audit and normal year-end adjustments, adjustments and the absence of footnotes and (b) a narrative report describing management’s discussion and analysis of the financial condition and results of operations of Lessee Holdings and its Subsidiaries in the form prepared for presentation to senior management for such fiscal quarter Fiscal Quarter and for the period from the beginning of the then current fiscal year Fiscal Year to the end of such fiscal quarter; provided Fiscal Quarter (it being understood that the delivery by Holdings of Lessee's quarterly reports on Form 10-Q for such fiscal quarter of Holdings and its consolidated Subsidiaries shall be deemed to satisfy the requirements of this subsection 6(a)(26.1(ii));

Appears in 1 contract

Samples: Credit Agreement (Maidenform Brands, Inc.)

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