Common use of Financial Reporting Requirements Clause in Contracts

Financial Reporting Requirements. Furnish to the Agent and each Lender (a) within forty-five (45) days after the end of each quarter of each of its fiscal years, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as of the end of such quarter, and related statements of income, covering the period from the end of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer or Vice-President-Finance and Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end of each of its fiscal years, audited Consolidated financial statements of the Borrower and its Subsidiaries, which shall consist of a Consolidated and consolidating balance sheet as of the end of such year and the related statements of income, retained earnings and cash flows covering such fiscal year, audited by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other independent certified public accountants satisfactory to the Agent, together with a Compliance Certificate from the President or Vice President-Finance and Treasurer of the Borrower; (c) promptly, after their preparations copies of all such proxy statements, financial statements and reports which the Borrower sends to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files with the Securities and Exchange Commission; (d) promptly after the filing thereof with the Pension Benefit Guaranty Corporation, a copy of each annual report filed with respect to each Plan; (e) by the end of each of its fiscal years, a forecast of the statements of income and cash flows as of and through the close of its following fiscal year of the Borrower and the Subsidiaries; and (f) such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Astronics Corp), Credit Agreement (Astronics Corp)

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Financial Reporting Requirements. Furnish to the Agent and each Lender (a) within forty-five (45) days after the end of each quarter of each of its fiscal years, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as of the end of such quarter, and related statements of income, covering the period from the end of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer President or Vice-President-Finance and Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end of each of its fiscal years, audited Consolidated financial statements of the Borrower and its Subsidiaries, which shall consist of a Consolidated and consolidating balance sheet as of the end of such year and the related statements of income, retained earnings and cash flows covering such fiscal year, audited by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other independent certified public accountants satisfactory to the Agent, together with a Compliance Certificate from the President or Vice President-Finance and Treasurer of the Borrower; (c) promptly, after their preparations copies of all such proxy statements, financial statements and reports which the Borrower sends to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files with the Securities and Exchange Commission; (d) promptly after the filing thereof with the Pension Benefit Guaranty Corporation, a copy of each annual report filed with respect to each Plan; (e) by the end of each of its fiscal years, a forecast of the statements of income and cash flows as of and through the close of its following fiscal year of the Borrower and the Subsidiaries; and (f) such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Astronics Corp), Credit Agreement (Astronics Corp)

Financial Reporting Requirements. Furnish The Borrower shall deliver to the Agent and each Lender Bank (a1) within forty-five (45) 90 days after the end of each quarter of each of its fiscal years, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as of the end of such quarter, and related statements of income, covering the period from the end of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer or Vice-President-Finance and Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end close of each of its fiscal years, audited Consolidated financial statements of the Borrower Borrower, prepared in accordance with GAAP, including a balance sheet, income statement, statements of stockholders' equity and its Subsidiariesof cash flows, which shall consist prepared by an independent certified public accounting firm acceptable to the Bank and accompanied by an unqualified opinion of such firm; (2) within 30 days after the end of each calendar month (I) unaudited financial statements of the Borrower, including a Consolidated and consolidating balance sheet and income statement, prepared in accordance with GAAP, except as it relates to the Borrower's practice of accruing undeclared dividends, (ii) an appropriately completed Borrowing Base Certificate setting forth a calculation of the Borrowing Base as of the end of such year the preceding calendar month, (iii) agings of accounts receivable of the Borrower, and (iv) a report listing by contract any Billings in Excess of Cost and Cost in Excess of Billings for work under the related statements Borrower's contracts; (3) within 30 days after the end of incomeeach calendar quarter, retained earnings a Covenant Compliance Certificate of the Borrower's chief financial officer and cash flows covering such fiscal yearstatus and backlog reports relating to the Borrower's contracts; (4) promptly upon receipt, audited copies of any reports submitted to the Borrower by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other its independent certified public accountants satisfactory to the Agent, together in connection with a Compliance Certificate from the President or Vice President-Finance and Treasurer examinations of the Borrower's financial statements; and (c5) promptly, after their preparations copies such other information concerning the Collateral or the financial condition of all such proxy statements, the Borrower as the Bank from time to time may reasonably request. All financial statements and reports which shall be in form and detail acceptable to the Borrower sends Bank and shall be certified to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files with the Securities and Exchange Commission; (d) promptly after the filing thereof with the Pension Benefit Guaranty Corporation, be accurate by a copy of each annual report filed with respect to each Plan; (e) by the end of each of its fiscal years, a forecast duly authorized officer of the statements of income and cash flows as of and through the close of its following fiscal year of the Borrower and the Subsidiaries; and (f) such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Maximus Inc)

Financial Reporting Requirements. Furnish The Borrower, and, with respect to item (3) below, the Guarantors, shall deliver, to the Agent and each Lender Bank (a1) within forty-five 180 days after the close of each fiscal year of the Borrower, audited financial statements of the Borrower and its Subsidiaries, prepared in accordance with GAAP, including consolidated balance sheets, income statements, statements of stockholders' equity and of cash flows, and accompanied by an unqualified opinion of an independent certified public accounting firm reasonably acceptable to the Bank; (452) within 60 days after the end of each quarter of each of its fiscal yearsquarter, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating including consolidated balance sheets and income statements, prepared in accordance with GAAP, (3) within 270 days after the end of each calendar year, the financial statement of The Xxxxxxxx Family Trust, a grantor trust of Xxxxxxx X. and Jeralie X. Xxxxxxxx, and the personal financial statement of Xxxxxxx X. Xxxxxxxx, each as of the end of such quartercalendar year; (4) promptly upon receipt, and related statements copies of income, covering any reports submitted to the period from the end Borrower by independent certified public accountants in connection with examination of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer or Vice-President-Finance and Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end of each of its fiscal years, audited Consolidated financial statements of the Borrower made by such accountants; and its Subsidiaries, which shall consist of a Consolidated and consolidating balance sheet as (5) such other information concerning the Collateral or the financial condition of the end of such year and Borrower or any Subsidiary as the related statements of income, retained earnings and cash flows covering such fiscal year, audited by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other independent certified public accountants satisfactory Bank from time to the Agent, together with a Compliance Certificate from the President or Vice President-Finance and Treasurer of the Borrower; (c) promptly, after their preparations copies of all such proxy statements, time may reasonably request. All financial statements and reports which shall be in form and detail reasonably acceptable to the Borrower sends Bank and shall be certified to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files with the Securities and Exchange Commission; (d) promptly after the filing thereof with the Pension Benefit Guaranty Corporation, be accurate by a copy of each annual report filed with respect to each Plan; (e) by the end of each of its fiscal years, a forecast of the statements of income and cash flows as of and through the close of its following fiscal year duly authorized officer of the Borrower and to the Subsidiaries; and (f) best of such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the Subsidiariesofficer's knowledge."

Appears in 1 contract

Samples: Loan Agreement (Harris Interactive Inc)

Financial Reporting Requirements. Furnish Every twelve (12) months after execution of this Guaranty, and at such other times as the FCRHA may reasonably request, the Guarantor shall provide a financial statement, certified by Guarantor to be true and correct in all material respects, with sufficient detail, as reasonably requested by the Agent FCRHA, for the FCRHA to determine that such Guarantor has satisfied its financial covenants set forth herein. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] WITNESS the signature and each Lender seal of Guarantor as of the day and year first above written. GUARANTOR: _____________________________, a ____________________________ By:_____________________________[SEAL] Name: Title: EXHIBIT A Description of the Premises EXHIBIT A Description of the Premises Exhibit F Exhibit F 9% Project Criteria for Affordable Housing Units, Tenants, Rents and Eligible Household Income The Premises will be used as a residential rental development having 100% of its __ dwelling units operated as affordable housing (such dwelling units may be referred to as “Affordable Housing Units” or as “AHUs”). At all times during the term of the Lease Tenant will maintain, as applicable, all AHUs in compliance with (a) within forty-five (45) days after as and when applicable, the end of each quarter of each of its fiscal yearslaws, unaudited financial statements rules, and regulations of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as federal Low-Income Housing Tax Credit Program administered under Section 42 of the end Internal Revenue Code of such quarter1986, as amended, (“LIHTC Program”) and/or the applicable requirements of the Virginia Housing, and related statements of income, covering the period from the end of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer or Vice-President-Finance and Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after with the end of each of its fiscal years, audited Consolidated financial statements terms and conditions of the Borrower Lease and its Subsidiariesthis Exhibit F thereto. Notwithstanding anything herein to the contrary, which shall consist of a Consolidated and consolidating balance sheet so long as an AHU Unit is subject to the regulatory restrictions of the end of such year and the related statements of incomeLIHTC Program, retained earnings and cash flows covering such fiscal year, audited by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other independent certified public accountants satisfactory to the Agent, together with a Compliance Certificate from the President or Vice President-Finance and Treasurer of the Borrower; (c) promptly, after their preparations copies of all such proxy statements, financial statements and reports which the Borrower sends to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files then Tenant will comply with the Securities requirements of (a) and Exchange Commission; (db) promptly after the filing thereof with the Pension Benefit Guaranty Corporation, a copy of each annual report filed above with respect to each Plan; (e) by such AHU Unit. At such time as an ASH Unit is not a subject to the end of each of its fiscal years, a forecast regulatory restrictions of the statements of income and cash flows as of and through LIHTC Program (i.e., after the close of its following fiscal year expiration of the Borrower and the Subsidiaries; and extended use restriction period), then Tenant need only comply with requirements of (fb) with respect to such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the SubsidiariesAHU Unit.

Appears in 1 contract

Samples: www.fairfaxcounty.gov

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Financial Reporting Requirements. Furnish to the Agent and each Lender (a) within forty-five (45) days after the end of each quarter of each of its fiscal years, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as of the end of such quarter, and related statements of income, covering the period from the end of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer or Officer, Executive Vice-President-Finance and or Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end of each of its fiscal years, audited Consolidated financial statements of the Borrower and its Subsidiaries, which shall consist of a Consolidated and consolidating balance sheet as of the end of such year and the related statements of income, retained earnings and cash flows covering such fiscal year, audited by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other independent certified public accountants satisfactory to the Agent, together with a Compliance Certificate from the President or President, Executive Vice President-Finance and or Treasurer of the Borrower; (c) promptly, after their preparations copies of all such proxy statements, financial statements and reports which the Borrower sends to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files with the Securities and Exchange Commission; (d) upon reasonable request, and if applicable, promptly after the filing thereof with the Pension Benefit Guaranty Corporation, a copy of each annual report filed with respect to each Plan; (e) by the end of each of its fiscal years, a forecast of the statements of income and cash flows as of and through the close of its following fiscal year of the Borrower and the Subsidiaries; and (f) such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Astronics Corp)

Financial Reporting Requirements. Furnish to the Agent and each Lender (a) within forty-five (45) days after the end of each quarter of the first three quarters of each of its fiscal years, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as of the end of such quarter, and related statements of income, covering the period from the end of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer or Officer, Executive Vice-President-Finance and or Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end of each of its fiscal years, audited Consolidated financial statements of the Borrower and its Subsidiaries, which shall consist of a Consolidated and consolidating balance sheet as of the end of such year and the related statements of income, retained earnings and cash flows covering such fiscal year, audited by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other independent certified public accountants satisfactory to the Agent, which report and opinion shall be prepared in accordance with GAAP and shall not be subject to any “going concern” or like qualification or exception, together with a Compliance Certificate from the President or President, Executive Vice President-Finance and or Treasurer of the Borrower; (c) promptly, after their preparations copies of all such proxy statements, financial statements and reports which the Borrower sends to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files with the Securities and Exchange Commission; (d) upon reasonable request, and if applicable, promptly after the filing thereof with the Pension Benefit Guaranty Corporation, a copy of each annual report filed with respect to each Plan; (e) by the end of each of its fiscal years, a forecast of the statements of income and cash flows as of and through the close of its following fiscal year of the Borrower and the Subsidiaries; and (f) such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Astronics Corp)

Financial Reporting Requirements. Furnish to the Agent and each Lender (a) within forty-five (45) days after the end of each quarter of the first three quarters of each of its fiscal years, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as of the end of such quarter, and related statements of income, covering the period from the end of the Borrower’s immediately preceding fiscal year to the end of such quarter certified to be correct by the President, Chief Executive Officer or Officer, Executive Vice-President-Finance and or Treasurer of the Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end of each of its fiscal years, audited Consolidated financial statements of the Borrower and its Subsidiaries, which shall consist of a Consolidated and consolidating balance sheet as of the end of such year and the related statements of income, retained earnings and cash flows covering such fiscal year, audited by and together with an opinion of, in the case of such Consolidated financial statements, Ernst & Young LLP, or other independent certified public accountants satisfactory to the Agent, which report and opinion shall be prepared in accordance with GAAP and shall not be subject to any “going concern” or like qualification or exception, together with a Compliance Certificate from the President or President, Executive Vice President-Finance and or Treasurer of the Borrower; (c) promptly, after their preparations copies of all such proxy statements, financial statements and reports which the Borrower sends to its stockholders, and copies of all regular, periodic and special reports, as well as all registration statements, which the Borrower files with the Securities and Exchange Commission; (d) upon reasonable request, and if applicable, promptly after the filing thereof with the Pension Benefit Guaranty Corporation, a copy of each annual report filed with respect to each Plan; (e) by the end of each of its fiscal years, a forecast of the statements of income and cash flows as of and through the close of its following fiscal year of the Borrower and the Subsidiaries; (f) from the First Amendment Date through delivery of the Borrower’s quarterly financial statements for the quarter ending September 30, 2021, monthly, within fifteen (15) days after the end of each month, a certificate of the Borrower certifying to compliance with the liquidity covenant set forth in Section 6.15 of this Agreement; and (fg) such additional information, reports or statements (including, without limitation, a duly completed and executed Compliance Certificate) as the Agent may from time to time reasonably request regarding the financial and business affairs of the Borrower and the Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Astronics Corp)

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