Common use of Year-End Financials Clause in Contracts

Year-End Financials. As soon as available and in any event within ninety (90) days (or if Holdings files an extension with the Securities & Exchange Commission, one hundred and five (105) days; PROVIDED, that Borrower has given Agent a written explanation within ninety (90) days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each Fiscal Year of Holdings, Borrower will deliver (1) the consolidated and consolidating balance sheets of Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, stockholders' equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of Certified Public Accountants selected by Borrower and reasonably acceptable to Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "STATEMENT") "Reports on Audited Financial Statements" and such report shall be "Unqualified" (as such term is defined in such Statement).

Year-End Financials. As soon as available and in any event within ninety (90) days (or if Holdings files an extension with the Securities & Exchange Commission, one hundred and five (105) days; PROVIDED, that Borrower has given Agent a written explanation explanation, within ninety (90) days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each Fiscal Year of Holdings, Borrower will deliver (1) the consolidated and consolidating balance sheets of Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, stockholders' equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of Certified Public Accountants selected by Borrower and reasonably acceptable to Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "STATEMENT") "Reports on Audited Financial Statements" and such report shall be "Unqualified" (as such term is defined in such Statement).

Year-End Financials. As soon as available and in any event within ninety no later than the earlier to occur of (90i) 10 days (after the date that Borrower is or if Holdings files an extension would be required to file Borrower’s annual report with the Securities & Exchange CommissionSEC as part of Borrower’s periodic reporting (whether or not Borrower is subject to such reporting requirements), one hundred and five (105ii) days; PROVIDED, that Borrower has given Agent a written explanation within ninety (90) 100 days after the end of the applicable Fiscal Year each fiscal year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each Fiscal Year of HoldingsBorrower, Borrower will deliver (1a) the consolidated and consolidating balance sheets of Holdings Borrower and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, stockholders' shareholders’ equity and cash flow flows for such Fiscal Year, fiscal year (2which requirement shall be deemed satisfied by the delivery of Borrower’s Annual Report on Form 10-K (or any successor form) a schedule of the outstanding Indebtedness for borrowed money of Holdings and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan year) and (3b) a report with respect to the consolidated Financial Statements financial statements received pursuant to this Subsection from a PricewaterhouseCoopers LLP or another firm of Certified Public Accountants independent certified public accountants of recognized national standing selected by Borrower and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "STATEMENT") "“Statement”), as amended, entitled “Reports on Audited Financial Statements" ” and such report shall be "Unqualified" (without any material qualification or exception as to the scope of such term is defined in such Statement)audit or any “going concern” qualification.

Year-End Financials. As soon as available and in any event within ninety (90) days (or if Holdings files an extension with the Securities & Exchange Commission, one hundred and five (105) days; PROVIDED, that Borrower has given Agent a written explanation within ninety (90) days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each Fiscal Year of HoldingsBorrowers, Borrower Borrowers will deliver (1) the consolidated and consolidating balance sheets of Holdings Borrower and its their Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, stockholders' equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings Borrowers and its their Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a Goldstein Golub Kessler LLP or axxxxxx xxtxxxxxlx xxxxxnized firm of Certified Public Accountants selected by Borrower and reasonably acceptable to AgentBorrowers, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "STATEMENT") "Reports on Audited Financial Statements" and such report shall be "Unqualified" (as such term is defined in such Statement).

Year-End Financials. As soon as available and in any event within ninety (90) days (or if Holdings files an extension with the Securities & Exchange Commission, one hundred and five (105) days; PROVIDED, that Borrower has given Agent a written explanation within ninety (90) days after the end of the applicable Fiscal Year of Holdings, in form and substance reasonably acceptable to Agent, regarding the need for such extension) after the end of each Fiscal Year of HoldingsYear, US Borrower Representative will deliver (1) the consolidated and consolidating balance sheets of Holdings Ultimate Holdco and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, stockholders' ’ equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings Ultimate Holdco and its Subsidiaries (excluding intercompany loans and advances) describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of Certified Public Accountants certified public accountants selected by Borrower Borrowers and reasonably acceptable to Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "STATEMENT"“Statement”) "“Reports on Audited Financial Statements" ” and such report shall be "“Unqualified" ” (as such term is defined in such Statement).