Common use of Annual Financial Statement Clause in Contracts

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 3 contracts

Samples: Credit Agreement (Clearcommerce Corp), Credit Agreement (Tekelec), Credit Agreement (Omp Inc)

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Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of CompanyCompany as of the close of and for such fiscal year, all in reasonable detail, prepared on an audited basis by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 2 contracts

Samples: Credit Agreement (Earthshell Container Corp), Credit Agreement (Earthshell Container Corp)

Annual Financial Statement. As soon as available, and in any event within ninety one hundred twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 2 contracts

Samples: Credit Agreement (Main Street & Main Inc), Credit Agreement (Dental Medical Diagnostic Systems Inc)

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of each Co-Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent a certified public accountant selected by Borrower and reasonably acceptable to BankLender, in accordance with generally accepted accounting principles on a basis consistently maintained by each Co-Borrower and certified by an appropriate officer of each Co-Borrower;.

Appears in 1 contract

Samples: Credit Agreement (Emarketplace Inc)

Annual Financial Statement. As soon as available, and in any event within ninety one hundred twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of CompanyBorrower, all in reasonable detail, audited by an independent unqualified certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Mp3 Com Inc)

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of CompanyCompany as of the close of and for such fiscal year, all in reasonable detail, audited prepared on an AUDITED basis by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Tekelec)

Annual Financial Statement. As soon as available, and in any event within ninety One Hundred Twenty (90120) days after and as of the close of each fiscal year of BorrowerBorrower commencing on fiscal year end December 31, a consolidated 1999, report of audit of CompanyBorrower, all in reasonable detail, audited unqualified audit by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (PDF Solutions Inc)

Annual Financial Statement. As soon as available, and in any event within ninety One Hundred Twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated and consolidating report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Capital Title Group Inc)

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated and consolidating report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Easyriders Inc)

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent unqualified certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (LXN Corp)

Annual Financial Statement. As soon as available, and in any event within ninety one hundred twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Websidestory Inc

Annual Financial Statement. As soon as available, and in any event within ninety Ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement Exhibit 99 (Dense Pac Microsystems Inc)

Annual Financial Statement. As soon as available, and in any event within ninety Ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit (10K) of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;.

Appears in 1 contract

Samples: Credit Agreement (Monterey Pasta Co)

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Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of CompanyBorrower, all in reasonable detail, prepared on an audited basis by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Eco Soil Systems Inc)

Annual Financial Statement. As soon as available, and in any event within ninety one hundred twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit Company as of Companythe close of and for each fiscal year, all in reasonable detail, prepared on an audited basis by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Photomatrix Inc/ Ca)

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit Company as of Companythe close of and for each fiscal year, all in reasonable detail, prepared on an audited basis by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Collateral Therapeutics Inc)

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent a certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Cardiodynamics International Corp)

Annual Financial Statement. As soon as available, and in any event within ninety (90) days after and as of the close of each fiscal year of Borrower, a 10K report and a consolidated report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;.

Appears in 1 contract

Samples: Credit Agreement (Synbiotics Corp)

Annual Financial Statement. As soon as available, and in any event within ninety one hundred twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, audited by an independent unqualified certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;.

Appears in 1 contract

Samples: Credit Agreement (Websidestory Inc)

Annual Financial Statement. As soon as available, and in any event within ninety one hundred twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated report of audit of Company, all in reasonable detail, prepared on a audited basis by an independent certified public accountant selected by Borrower and reasonably acceptable to Bank, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower;

Appears in 1 contract

Samples: Credit Agreement (Entrade Inc)

Annual Financial Statement. As soon as available, and in any event within ninety one hundred, twenty (90120) days after and as of the close of each fiscal year of Borrower, a consolidated an annual report of audit of Company, all in reasonable detail, audited by an independent certified public accountant selected by Borrower and reasonably acceptable to Bankaccountant, in accordance with generally accepted accounting principles on a basis consistently maintained by Borrower and certified by an appropriate officer of Borrower and Borrower;'s SEC form 10K, within ten (10) days of filing with the SEC.

Appears in 1 contract

Samples: Credit Agreement (Trega Biosciences Inc)

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