Common use of Year-End Financial Statements Clause in Contracts

Year-End Financial Statements. As soon as available but no later than one hundred eighty (180) days after the end of each financial reporting year, a complete copy of Borrower’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and reasonably satisfactory to Lender (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower’s records. Notwithstanding the foregoing, if Borrower’s Board of Directors does not require Borrower’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lender unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b) (other than the Accountant’s certification).

Year-End Financial Statements. As soon as available but no later than one hundred eighty twenty (180120) days after the end of each financial reporting year, a complete copy of Borrower’s audit reportaudited annual financials, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and reasonably satisfactory to Lender Lenders (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of BorrowerBxxxxxxx’s records. Notwithstanding the foregoing, if BorrowerBxxxxxxx’s Board of Directors does not require BorrowerBxxxxxxx’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lender Lenders unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b) (other than the Accountant’s certification).

Year-End Financial Statements. As soon as available but no later than one hundred eighty twenty (180120) days after the end of each financial reporting year, a complete copy of Borrower’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an EisnerAmper LLP or another independent certified public accountant selected by Borrower and reasonably satisfactory to Lender Lenders (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower’s records. Notwithstanding the foregoing, if BorrowerXxxxxxxx’s Board of Directors does not require BorrowerXxxxxxxx’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lender Agent unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b) (other than the Accountant’s certification).

Year-End Financial Statements. As soon as available but no later than one hundred eighty twenty (180120) days after the end of each financial reporting year, a complete copy of Borrower’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an Mxxxxx LLP or another independent certified public accountant selected by Borrower and reasonably satisfactory to Lender Agent (the “Accountant”). The Accountant’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of BorrowerBxxxxxxx’s records. Notwithstanding the foregoing, if BorrowerBxxxxxxx’s Board of Directors does not require BorrowerBxxxxxxx’s financial statements to be audited for a particular reporting year, then Borrower shall deliver to Lender unaudited financial statements for such year, including the items described in, and in the timeframe specified in, this Section 5.2(b5.2(c) (other than the Accountant’s certification).