Restated Financial Statements. The Stockholder will cause the Company to deliver to Purchaser the Company's financial statements for the calendar year ended December 31, 1998 and for the three month period ended March 31, 1999 as soon as practicable after the execution of this Agreement, but in no event later than April 7, 1999. Said statements shall be prepared to reflect the business operations of the Company on an accrual basis in accordance with GAAP.
Restated Financial Statements. As soon as available audited restated financial statements regarding the Borrower and its Subsidiaries for Fiscal Year 2002 and audited financial statements regarding the Borrower and its Subsidiaries for the Fiscal Years 2003 and 2004, each consisting of Consolidated balance sheets of the Borrower and its Subsidiaries as of the end of each such Fiscal Year and related statements of income and cash flows of the Borrower and its Subsidiaries for each such Fiscal Year, all prepared in conformity with GAAP and certified, without qualification as to the scope of the audit, by the Borrower's Accountants.
Restated Financial Statements. On or prior to sixty (60) days after the date hereof, Seller shall deliver to Buyer the Restated Financial Statements.
Restated Financial Statements. Each Purchaser hereby acknowledges and agrees that it has (i) received and reviewed the Restated Financial Statements of the Company, including the Notes thereto (the "Restated Financial Statements"), a copy of which is set forth on Exhibit C attached hereto, (ii) had the opportunity to review the books and records of the Company and (iii) been furnished or provided access to such relevant information (financial or otherwise) that such Purchaser has requested.
Restated Financial Statements. On or before February 16, 2010, Borrower shall: (i) (A) file with the SEC restated financial statements for all fiscal periods impacted by the “Accounting Errors” (as that term is defined in the Second Amendment and Limited Waiver to Loan Agreement dated as of December 23, 2009, by and among Bank, Borrower and Guarantors (the “Second Amendment”), and/or (B) provide Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying in reasonable detail the basis upon which Borrower has concluded that the financial statements for any or all of such fiscal periods do not require restatement; and (ii) provide to Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying that to the best of Borrower’s knowledge after due inquiry, that the Accounting Errors have not resulted in any Events of Default other than the Existing Defaults (as that term is defined in the Second Amendment).
Restated Financial Statements. (a) If the Restated Financial Statements are delivered to Agent and Lenders prior to August 15, 2005, the Reporting Credit Parties on a consolidated basis shall have EBITDA of not less than $28,000,000 for the 12 month period ended March 31, 2005, calculated based on such Restated Financial Statements.
Restated Financial Statements. The Stockholder will cause the Company to deliver to Purchaser the Company's financial statements for the calendar year ended December
Restated Financial Statements. In the event that the Loan Parties shall be required, or shall elect at the advice of their independent auditor, to restate any financial statements of the Parent and its Subsidiaries delivered prior to the Fourth Amendment Effective Date pursuant to this Agreement upon the completion of the Loan Parties' internal review of accounting practices at Lovelace conducted and concluded prior to Xxxxxxx 14, 2005, no breach of this Agreement prior to the Fourth Amendment Effective Date due to the failure to timely deliver the financial statements that are subject to such restatement under this Section 7.01(d) or due to the inaccuracy of any representation delivered or deemed delivered pursuant to Section 6.05(a), (b), (d) or (e) or Section 6.15 due to the inaccuracy of previously delivered financial statements shall be deemed to have occurred or resulted therefrom unless and until the Loan Parties shall fail to deliver any such restated financial statements in accordance with the terms hereof (together with restated and duly completed Compliance Certificate(s) in respect thereof in accordance with the terms hereof reflecting compliance for all applicable periods with all financial covenants set forth in Section 8.11) to the Administrative Agent and the Lenders on or prior to January 14, 2005.
Restated Financial Statements. The restatement of the Company’s accounts receivable reserve accrual balance as of December 31, 2008 (as reflected in the Company Financial Statements) is consistent with the terms disclosed to the Administrative Agent (as defined in the Unitek First Lien Credit Agreement) prior to the Forbearance Effective Date (as defined in Amendment No. 4 to the Unitek First Lien Credit Agreement).
Restated Financial Statements. Prior to the Effective Time, the Company shall deliver a restated unaudited balance sheet and statements of income and cash flows as of and for the period from inception to September 30, 1999 (the "Restated Financial Statements"), which Restated Financial Statements shall not be materially different from the Financial Statements.
