Restated Financial Statements. The Stockholder will cause the Company to deliver to Purchaser the Company's financial statements for the calendar year ended December 31, 1998 and for the three month period ended March 31, 1999 as soon as practicable after the execution of this Agreement, but in no event later than April 7, 1999. Said statements shall be prepared to reflect the business operations of the Company on an accrual basis in accordance with GAAP.
Restated Financial Statements. As soon as available audited restated financial statements regarding the Borrower and its Subsidiaries for Fiscal Year 2002 and audited financial statements regarding the Borrower and its Subsidiaries for the Fiscal Years 2003 and 2004, each consisting of Consolidated balance sheets of the Borrower and its Subsidiaries as of the end of each such Fiscal Year and related statements of income and cash flows of the Borrower and its Subsidiaries for each such Fiscal Year, all prepared in conformity with GAAP and certified, without qualification as to the scope of the audit, by the Borrower's Accountants.
Restated Financial Statements. On or prior to sixty (60) days after the date hereof, Seller shall deliver to Buyer the Restated Financial Statements.
Restated Financial Statements. If within 60 days after the date ----------------------------- hereof, Kindred has not delivered to the Ventas Parties a copy of each of the Kindred Financial Statements as restated (the "Restated Financial ------------------ Statements") together with a certificate signed by the chief accounting ---------- officer and the chief financial officer of Kindred to the effect that the Restated Financial Statements fairly present in all material respects, in conformity with generally accepted accounting principles, the consolidated financial position of Kindred and its consolidated subsidiaries as of December 31, 2000, as of December 31, 1999, as of December 31, 1998, as of the end of each of the fiscal quarters during the period from January 1, 1998 to March 31, 2001 and as of the end of each of the fiscal months of each of the first five fiscal months of the year 2001 and each of the fiscal months of the years 2000, 1999 and 1998 and the consolidated results of operations and cash flows of Kindred and its consolidated subsidiaries for the respective periods then ended.
Restated Financial Statements. On or before February 16, 2010, Borrower shall: (i) (A) file with the SEC restated financial statements for all fiscal periods impacted by the “Accounting Errors” (as that term is defined in the Second Amendment and Limited Waiver to Loan Agreement dated as of December 23, 2009, by and among Bank, Borrower and Guarantors (the “Second Amendment”), and/or (B) provide Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying in reasonable detail the basis upon which Borrower has concluded that the financial statements for any or all of such fiscal periods do not require restatement; and (ii) provide to Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying that to the best of Borrower’s knowledge after due inquiry, that the Accounting Errors have not resulted in any Events of Default other than the Existing Defaults (as that term is defined in the Second Amendment).
Restated Financial Statements. Each Purchaser hereby acknowledges and agrees that it has (i) received and reviewed the Restated Financial Statements of the Company, including the Notes thereto (the "Restated Financial Statements"), a copy of which is set forth on Exhibit C attached hereto, (ii) had the opportunity to review the books and records of the Company and (iii) been furnished or provided access to such relevant information (financial or otherwise) that such Purchaser has requested.
Restated Financial Statements. The Company shall have delivered to Parent the Restated Financial Statements contemplated by Section 5.13 at least fourteen (14) days prior to the Closing Date.
Restated Financial Statements. The restatement of the Company’s accounts receivable reserve accrual balance as of December 31, 2008 (as reflected in the Company Financial Statements) is consistent with the terms disclosed to the Administrative Agent (as defined in the Unitek First Lien Credit Agreement) prior to the Forbearance Effective Date (as defined in Amendment No. 4 to the Unitek First Lien Credit Agreement).
Restated Financial Statements. In the event Borrower restates its financial statements for one or more prior periods in order to reflect the accounting adjustments described in the Waiver Request, Borrower shall promptly furnish to the Administrative Agent and each Lender true and correct copies of such restated financial statements, together with the certificate of a Financial Officer of the Borrower required by Section 5.01(e) with respect to such restated financial statements, which Financial Officer may take into account the effect of this Waiver in making the certifications required by Section 5.01(e).
Restated Financial Statements. The Borrower shall have delivered to the Agent copies of the Revised Financial Statements, each in form, detail and substance satisfactory to the Agent. Such Revised Financial Statements shall be substantively identical to the restated financial statements filed by the Borrower with the SEC, contemporaneously with the Fourth Amendment Effective Date, with respect to the Affected Fiscal Periods. Part 6
