Common use of Financial Statements; Fiscal Year Clause in Contracts

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of August 25, 2001, and the related statements of income, changes in stockholder's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur), and present fairly the financial positions of Borrower and its Subsidiaries at such dates and the results of Borrower's operations for such periods. Since August 25, 2001, there has been no material change in the condition, financial or otherwise, of Borrower, its Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or its Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the Saturday closest to December 31 of each year.

Appears in 1 contract

Samples: Loan and Security Agreement (Mmi Products Inc)

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Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries of Borrower for the respective periods during which a Subsidiary relationship existed) as of August 25September 30, 20011998, and the related statements of income, changes in stockholder's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concurthe omission of footnotes thereto), and present fairly fairly, in all material respects, the financial positions of Borrower and its Subsidiaries such Persons at such dates and the results of Borrower's operations for such periods. Since August 25September 30, 20011998, there has been no material change in the condition, financial or otherwise, of Borrower, its Subsidiaries Borrower and such other Persons as shown on the Consolidated balance sheet as of such date and no material change in the aggregate value of Equipment and real Property owned by Borrower or its Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the Saturday closest to December 31 of each year.

Appears in 1 contract

Samples: Loan and Security Agreement (Metromedia International Group Inc)

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower ACPI and such other Persons described therein (including the accounts of all Subsidiaries of ACPI and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of August 25December 31, 20011996, and February 28, 1997, respectively and the related statements of income, changes in stockholder's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur)GAAP, and present fairly the financial positions of Borrower Borrowers and its Subsidiaries such Persons at such dates and the results of Borrower's Borrowers' and such Persons' operations for such periods. Since August 25February 28, 20011997, there has been no material change in the condition, financial or otherwise, of Borrower, its Subsidiaries and any Borrower or such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or its Subsidiaries Borrowers or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower Borrowers and each of its their respective Subsidiaries ends on the last Saturday closest to December 31 of the 52nd week of each year.

Appears in 1 contract

Samples: Loan and Security Agreement (Vista 2000 Inc)

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries of Borrower and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of August 25December 31, 20012000, and the related statements of income, changes in stockholder's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur)GAAP, and present fairly the financial positions of Borrower and its Subsidiaries such Persons at such dates and the results of Borrower's and such Persons' operations for such periods. Since August 25December 31, 20012000, there has been no material change in the condition, financial or otherwise, of Borrower, its Subsidiaries and Borrower or such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or its Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the Saturday closest to December 31 of each year.

Appears in 1 contract

Samples: Loan and Security Agreement (Color Spot Nurseries Inc)

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Financial Statements; Fiscal Year. (a) The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries of Borrower for the respective periods during which a Subsidiary relationship existed) as of August 25June 30, 20011999, and the related statements of income, changes in stockholder's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP (except for changes in application in year-end adjustments, which Borrower's independent certified public accountants concurshall not be material, and the absence of footnotes), and present fairly the financial positions position of Borrower and its Subsidiaries at such dates and the results of Borrower's operations for such periods. Since August 25June 30, 20011999, there has been no material change in the condition, financial or otherwise, of Borrower, its Subsidiaries Borrower and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or its Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the Saturday closest to December 31 31st of each year.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

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