Common use of Quarterly Statements Clause in Contracts

Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of: (i) a consolidated balance sheet of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; provided that if the Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required to be delivered within a shorter time period, then the Borrower’s compliance with the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04);

Quarterly Statements. within 60 Within 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of: (i) a consolidated balance sheet sheets of the Borrower and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower and its Restricted Subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, all in reasonable detail and setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on Borrower and its Subsidiaries and their results of operations and cash flows, subject to changes resulting from year-–end adjustments; , provided that if delivery within the time period specified above of copies of the Borrower’s Quarterly Report on Form 10-–Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.045.18(a);.

Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:, (i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the consolidated financial position of the companies being reported on and their consolidated results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.047.1(a);

Quarterly Statements. within 60 Within 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies ofthe Company shall deliver to each of the Noteholders: (i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior the Company’s Chief Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from normal, recurring year-end adjustments; , provided that if delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.048.1(b);

Quarterly Statements. (i) within 60 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Corporation (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of: (iA) a consolidated balance sheet of the Borrower Corporation and its Restricted Subsidiaries as at the end of such quarter, ; and (iiB) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Corporation and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of copies of the Corporation's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor applicable to the Corporation (or such other quarterly report as is applicable to the Corporation) and filed with the Securities and Exchange Commission (“SEC”) is required SEC shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04section 10.1(b);

Quarterly Statements. within 60 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:, (i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that that, if the BorrowerCompany is required to file reports with the Commission pursuant to Section 13(a) or Section 15(d) under the Exchange Act, delivery within the time period specified above of copies of the Company’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.047.1(a);

Quarterly Statements. within Within 60 days after the end of each quarterly quar- -------------------- terly fiscal period in each fiscal year of the Borrower Company and its Subsidiaries (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of:, (i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of -------- copies of each Obligor's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.046.01(a);; ---------------

Quarterly Statements. within 60 Within 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Company (other than the last quarterly fiscal period of each such fiscal year), duplicate copies ofthe Company shall deliver to each of the Noteholders: (i) a consolidated balance sheet of the Borrower Company and its Restricted Subsidiaries as at the end of such quarter, and (ii) consolidated statements of income, changes in shareholders’ equity and cash flows of the Borrower Company and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior the Company’s Chief Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from normal, recurring year-end adjustments; , provided that if delivery within the Borrowertime period specified above of copies of the Company’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and filed with the Securities and Exchange Commission (“SEC”) is required shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.048.1(b);

Quarterly Statements. (A) within 60 45 days after the end of each quarterly fiscal period in each fiscal year of the Borrower Corporation (other than the last quarterly fiscal period of each such fiscal year), duplicate copies of: (iI) a consolidated balance sheet of the Borrower Corporation and its Restricted Subsidiaries as at the end of such quarter, ; and (iiII) consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Borrower Corporation and its Restricted Subsidiaries Subsidiaries, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to quarterly financial statements generally, and certified by a Senior Financial Officer as fairly presenting, in all material respects, the financial position of the companies being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments; , provided that if delivery within the Borrower’s time period specified above of copies of the Corporation's Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor applicable to the Corporation (or such other quarterly report as is applicable to the Corporation) and filed with the Securities and Exchange Commission (“SEC”) is required SEC shall be deemed to be delivered within a shorter time period, then the Borrower’s compliance with satisfy the requirements of this Section 5.01(a) must be satisfied by complying with such shorter time period (subject always to the Borrower’s compliance with Section 5.04section 10.1(b);