Common use of Pro Forma Balance Sheet; Financial Statements Clause in Contracts

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower and its Subsidiaries for the 2005, 2006 and 2007 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower and its Subsidiaries for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its Subsidiaries, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (Waste Services, Inc.), Credit Agreement (Waste Services, Inc.)

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Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower and its consolidated Subsidiaries for the 2005, 2006 1996 and 2007 1997 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower and its consolidated Subsidiaries for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; , and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its consolidated Subsidiaries, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Powerhouse Technologies Inc /De)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited combined and consolidated financial statements of the US Borrower and its Subsidiaries for the 20052001, 2006 2000 and 2007 1999 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower and its Subsidiaries for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; , and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its Subsidiaries, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower and its Subsidiaries for the 2005, 2006 2001 and 2007 2002 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower and its Subsidiaries for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; available to the Borrower, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its Subsidiaries, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Credit Agreement (Panavision Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower and its Subsidiaries for the 20051999, 2006 1998 and 2007 1997 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower and its Subsidiaries for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; , and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its Subsidiaries, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Credit Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower and its Subsidiaries for the 20051997, 2006 1998 and 2007 1999 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower and its Subsidiaries for each fiscal month and quarterly four week period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; , and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its Subsidiaries, as reflected in the financial statements or projections contained in the Confidential Information Memorandumsince December 29, 1999.

Appears in 1 contract

Samples: Credit Agreement (Buffets Inc)

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Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (a) the Pro Forma Balance Sheet, (iib) audited consolidated financial statements of the US Borrower Holdings and its consolidated Subsidiaries for the 20051997, 2006 1998 and 2007 1999 fiscal years and (iiic) unaudited interim consolidated financial statements of the US Borrower Holdings and its consolidated Subsidiaries for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (iib) of this paragraph as to which such financial statements are available; , and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower Holdings and its Subsidiaries, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Credit Agreement (Osullivan Industries Holdings Inc)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower and its consolidated Subsidiaries for the 2005, 2006 2000 and 2007 1999 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower and its consolidated Subsidiaries for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its Subsidiaries, consolidated Subsidiaries as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Credit Agreement (Tesoro Petroleum Corp /New/)

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the US Borrower AVG Technologies and its Subsidiaries for the 2005December 31, 2006 2008 and 2007 December 31, 2009 fiscal years and (iii) unaudited interim consolidated financial statements of the US Borrower AVG Technologies and its Subsidiaries for each fiscal month and quarterly period quarter ended subsequent to after the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available; , and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the US Borrower and its SubsidiariesBorrowers, as reflected in the financial statements or projections contained in the Confidential Information Memorandum.

Appears in 1 contract

Samples: Credit Agreement (AVG Technologies N.V.)

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