Annual Financial Statements of Borrower. On a annual basis, as soon as available and in any event within ninety (90) days after the end of each applicable annual period, Financial Statements of Borrower, in reasonable detail (including detailed balance sheet, income statement, cash flow statement and one-year projections) and stating in comparative form the respective figures for the corresponding date and period in the prior annual period;
Annual Financial Statements of Borrower. As soon as practicable and in any event within ninety-five (95) days after the end of each Fiscal Year (or, if such date is earlier, five (5) days after the date of any required public filing by the Parent of Form 10-K for such Fiscal Year with the Securities and Exchange Commission), an unaudited Consolidated balance sheet of the Borrower and its Subsidiaries as of the close of such Fiscal Year and unaudited Consolidated statements of income, partners' capital and cash flows for the Fiscal Year then ended, including the notes thereto, all in reasonable detail setting forth in comparative form the corresponding figures for the preceding Fiscal Year and prepared by the Borrower in accordance with GAAP and, if applicable, containing disclosure of the effect on the financial position or results of operations of any change in the application of accounting principles and practices during the period, and certified by the chief financial officer of the Borrower to present fairly in all material respects the financial condition of the Borrower and its Subsidiaries as of their respective dates and the results of operations of the Borrower and its Subsidiaries for the respective periods then ended.
Annual Financial Statements of Borrower. If WCA Corp. has any Subsidiary not a party to the Loan Documents, then, as soon as available and in any event within 90 days after the end of each fiscal year of the Borrower, unaudited consolidating, statements of income, stockholders equity, and cash flows of the Borrower and its Consolidated Subsidiaries for such fiscal year, and the related unaudited consolidating balance sheets of the Borrower and its Consolidated Subsidiaries as at the end of such fiscal year, and setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, and accompanied by the certificate of a Responsible Officer, which certificate shall state that said financial statements fairly present the consolidating financial condition and results of operations of the Borrower and its Consolidated Subsidiaries as at the end of, and for, such fiscal year, and that such financial statements have been prepared in accordance with GAAP.
Annual Financial Statements of Borrower. Within ninety (90) days after the last day of each fiscal year of Borrower, beginning with the fiscal year that ends December 31, 2014, financial statements (included in Borrower’s Form 10-K reports filed with the Commission) of Borrower and its consolidated subsidiaries prepared by an independent certified public accountant acceptable to Lender, including, but not necessarily limited to, balance sheets and related statements of income, cash flow and retained earnings, showing the financial position and results of operations of Borrower and its consolidated Subsidiaries as of, and for the year ended on, such last day, together with the certificate of Borrower that all of such financial statements present fairly the financial position of Borrower and its consolidated Subsidiaries as of the last day of such fiscal year and the results of the operations and the cash flow of Borrower and its consolidated Subsidiaries for the fiscal year then ended in conformity with GAAP, or other method of accounting acceptable to Lender (except as to reasonable year-end adjustments and the absence of notes with respect to interim financial statements);
Annual Financial Statements of Borrower. Within ninety (90) days after the last day of each fiscal year of Borrower, beginning with the fiscal year that ends December 31, 2013, financial statements showing the financial position and results of operations of Borrower as of, and for the year ended on, such last day, together with the certificate of Borrower that all of such financial statements present fairly the financial position of Borrower as of the last day of such fiscal year and the results of the operations and the cash flow of Borrower for the fiscal year then ended in conformity with GAAP, or other method of accounting acceptable to Bank. Each such financial statement shall contain at least a balance sheet of Borrower as at the end of such fiscal year and statements of income, cash flow, and retained earnings;
Annual Financial Statements of Borrower. As soon as available and in any event within 105 days after the end of each fiscal year of Borrower, the consolidated balance sheets of Borrower and its Subsidiaries as of the end of such fiscal year and the consolidated statements of income and retained earnings and the consolidated statements of cash flow of Borrower and its Subsidiaries for such fiscal year, in the case of such consolidated financial statements, certified, without material qualifications or limitations as to scope of the audit, by Ernst & Young or other independent public accountants of recognized standing acceptable to Majority Banks, as having been prepared in accordance with generally accepted accounting principles, consistently applied, together with a Compliance Certificate as of the end of such fiscal year;
Annual Financial Statements of Borrower. As soon as available but, in any event, within 120 days after the close of each Fiscal Year, (i) the financial statements of the Borrower as at the end of such Fiscal Year with statements of operations and statement of cash flows for such Fiscal Year, in each case setting forth comparative figures for the preceding Fiscal Year ending after December 30, 1999 and (except in the case of financial statements of the Borrower for the Fiscal Year ended December 31, 1999) certified by the Auditors (all such statements being in agreement with the Borrower's books of account and prepared in accordance with GAAP), and (ii) for all fiscal years after December 31, 1999 a report of the Auditors stating that in the course of its regular audit of the financial statements of the Borrower, which audit was conducted in accordance with generally accepted auditing standards, the Auditors obtained no knowledge of any Default or Event of Default which has occurred and is continuing or, if in the opinion of the Auditors such a Default or Event of Default has occurred and is continuing, a statement as to the nature thereof .
Annual Financial Statements of Borrower. Deliver to Bank, within 120 days after the last day of each fiscal year of Borrower (a) Financial Statements showing the consolidated and consolidating financial conditions and results of operations of Borrower and its consolidated Subsidiaries as of, and for the year ended on, such last day; (b) accompanied by the opinion of a firm of independent certified public accountants acceptable to Bank, based on an audit using generally accepted auditing standards, that the consolidated Financial Statements were prepared in accordance with GAAP and present fairly the financial condition and results of operations of Borrower and its consolidated Subsidiaries; and (c) the certificate of the President or principal financial officer of Borrower that all of such Financial Statements were prepared in accordance with GAAP and represent fairly the consolidated and consolidating financial conditions and results of operations of Borrower and its consolidated Subsidiaries, and that the Borrower and the Subsidiaries are in full compliance with the terms, provisions and conditions of the Loan Papers.
Annual Financial Statements of Borrower. As soon as available, and in any event within 120 days after the end of each fiscal year of Borrower, a copy of the annual audit report of Borrower and its Subsidiaries for such fiscal year containing, on a consolidated basis, balance sheets and statements of income, retained earnings, and cash flow as at the end of such fiscal year and for the fiscal year then ended, in each case setting forth in comparative form the figures for the preceding fiscal year, all in reasonable detail and audited and certified by independent certified public accountants of recognized standing acceptable to Lender, to the effect that such report has been prepared in accordance with GAAP and containing no material qualifications or limitations on scope;
Annual Financial Statements of Borrower. As soon as available and in any event within 105 days after the end of each fiscal year of Borrower and Guarantor, the consolidated balance sheets of Borrower and Guarantor as of the end of such fiscal year and the consolidated (and consolidating) statements of operations, stockholders' equity and cash flows of Borrower and Guarantor for such fiscal year, in the case of such consolidated financial statements, certified, without material qualifications or limitations as to scope of the audit by independent public accountants of recognized standing, as having been prepared in accordance with GAAP, consistently applied, together with a Compliance Certificate as of the end of such fiscal year for Borrower and Guarantor. Prior to the termination of the NRG Guaranty, Borrower shall also deliver, as soon as possible and in any event within 105 days after the end of each fiscal year of NRG, the balance sheets of NRG as of the end of such fiscal year and the statements of operations, stockholders' equity and cash flows of NRG for such fiscal year, certified, without material qualifications or limitations as to the scope of the audit by independent public accountants of recognized standing, as having been prepared in accordance with GAAP, consistently applied, together with a Compliance Certificate as of the end of such fiscal year for NRG. Agent and Lenders agree to keep such financial statements of NRG confidential in accordance with the provisions of Section 8.15.
