Common use of Standards of Financial Statements Clause in Contracts

Standards of Financial Statements. Each Loan Party shall, and shall cause each Subsidiary of each Loan Party to, cause all financial statements referred to in Sections 9.06, 9.07, 9.08 and 9.11 as to which GAAP is applicable to present fairly in all material respects (subject, in the case of interim financial statements, to normal year-end audit adjustments and absence of footnotes, the statement of cash flows and the statement of changes in shareholders’ equity) and to be prepared in reasonable detail, but only if such statement is to be prepared in accordance with GAAP consistently applied, and in accordance with GAAP consistently applied throughout the periods reflected therein (except as concurred in by such reporting accountants or officer, as the case may be, and disclosed therein) and, in the case of financial statements required by Section 9.06, in a form consistent with what would be required if filed with an applicable Form 10-K with the SEC.

Appears in 2 contracts

Samples: Loan and Security Agreement (Forbes Energy Services Ltd.), Loan and Security Agreement (Forbes Energy Services Ltd.)

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Standards of Financial Statements. Each Loan Party shall, and shall cause each Subsidiary of each Loan Party to, cause all financial statements referred to in Sections 9.069.7, 9.07, 9.08 9.9 and 9.11 9.12 as to which GAAP is applicable to present fairly in all material respects (subject, in the case of interim financial statements, to normal year-end audit adjustments and absence of footnotes, the statement of cash flows and the statement of changes in shareholders’ equity) and to be prepared in reasonable detail, but only if such statement is to be prepared in accordance with GAAP consistently applied, and in accordance with GAAP consistently applied throughout the periods reflected therein (except as concurred in by such reporting accountants or officer, as the case may be, and disclosed therein) and, in the case of financial statements required by Section 9.069.7, in a form consistent with what would be required if as filed with an the applicable Form 10-K filed with the SEC.

Appears in 1 contract

Samples: Loan and Security Agreement (Forbes Energy International, LLC)

Standards of Financial Statements. Each Loan Party shall, and shall cause each Subsidiary of each Loan Party to, cause all financial statements referred to in Sections 9.069.7, 9.079.8, 9.08 9.9 and 9.11 9.12 as to which GAAP is applicable to present fairly be true and correct in all material respects (subject, in the case of interim financial statements, to normal year-end audit adjustments and absence of footnotes), the statement of cash flows and the statement of changes in shareholders’ equity) and to be prepared in reasonable detail, but only if such statement is to be prepared in accordance with GAAP consistently applied, and in accordance with GAAP consistently applied throughout the periods reflected therein (except as concurred in by such reporting accountants or officer, as the case may be, and disclosed therein) and, in the case of financial statements required by Section 9.06, in a form consistent with what would be required if filed with an applicable Form 10-K with the SEC).

Appears in 1 contract

Samples: Loan and Security Agreement (American Outdoor Brands, Inc.)

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Standards of Financial Statements. Each Loan Party shall, and shall cause each Subsidiary of each Loan Party to, cause all financial statements referred to in Sections 9.069.7, 9.079.8, 9.08 9.9 and 9.11 9.12 as to which GAAP is applicable to present fairly be true and correct in all material respects (subject, in the case of interim financial statements, to normal year-end audit adjustments and absence of footnotes), the statement of cash flows and the statement of changes in shareholders’ equity) and to be prepared in reasonable detail, but only if such statement is to be prepared in accordance with GAAP consistently applied, and in 105 accordance with GAAP consistently applied throughout the periods reflected therein (except as concurred in by such reporting accountants or officer, as the case may be, and disclosed therein) and, in the case of financial statements required by Section 9.06, in a form consistent with what would be required if filed with an applicable Form 10-K with the SEC).

Appears in 1 contract

Samples: Loan and Security Agreement (American Outdoor Brands, Inc.)

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