Common use of Year-End Financials Clause in Contracts

Year-End Financials. As soon as available and in any event within ninety (90) days after the end of each Fiscal Year of Holdings, Borrower Representative will deliver (1) the consolidated and consolidating balance sheets of Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, Stockholders’ equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of certified public accountants selected by Borrowers and reasonably acceptable to Agents, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”) “Reports on Audited Financial Statements” and such report shall be “Unqualified” as to going concern and scope of audit (as such term is defined in such Statement).

Appears in 2 contracts

Samples: Credit Agreement (Uap Holding Corp), Credit Agreement (Uap Holding Corp)

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Year-End Financials. As soon as available and in any event within ninety (90) days after the end of each Fiscal Year of HoldingsBorrower, Borrower Representative will deliver (1) the consolidated and consolidating balance sheets of Holdings Borrower and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, Stockholdersstockholders’ equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings Borrower and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a PricewaterhouseCoopers LLP or another firm of certified public accountants Certified Public Accountants selected by Borrowers Borrower and reasonably acceptable to Agentsthe Administrative Agent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”) “Reports on Audited Financial Statements” and such report shall be “Unqualifiedunqualifiedas to going concern and scope of audit (as such term is defined in such Statement).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding Corp)

Year-End Financials. As soon as available and in any event within ninety (90) days after the end of each Fiscal Year of HoldingsBorrowers, Borrower Representative will deliver (1) the consolidated and consolidating balance sheets of Holdings Borrowers and its their Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, Stockholders’ stockholders' equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings Borrowers and its their Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of certified public accountants Certified Public Accountants selected by Borrowers and reasonably acceptable to Agents, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "Statement") "Reports on Audited Financial Statements" and such report shall be "Unqualified" as to going concern and scope of audit (as such term is defined in such Statement).

Appears in 1 contract

Samples: Credit Agreement (Platte Chemical Co)

Year-End Financials. As soon as available and in any event within ninety (90) days after the end of each Fiscal Year of HoldingsRPP USA, US Borrower Representative will deliver (1) the consolidated and consolidating balance sheets of Holdings RPP USA and its Subsidiaries, as at the end of such yearFiscal Year, and the related consolidated and consolidating statements of income, Stockholdersstockholders’ equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings RPP USA and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of certified public accountants Certified Public Accountants selected by Borrowers and reasonably acceptable to Agents, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the “Statement”) “Reports on Audited Financial Statements” and such report shall be “Unqualified” as to going concern and scope of audit (as such term is defined in such Statement).

Appears in 1 contract

Samples: Credit Agreement (RPP Capital Corp)

Year-End Financials. As soon as available and in any event within ninety (90) days after the end of each Fiscal Year of HoldingsBorrowers, Borrower Representative will deliver (1) the consolidated and unaudited consolidating balance sheets of Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and unaudited consolidating statements of income, Stockholders’ stockholders' equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of certified public accountants Certified Public Accountants selected by Borrowers and reasonably acceptable to AgentsAgent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "Statement") "Reports on Audited Financial Statements" and such report shall be "Unqualified” as to going concern and scope of audit " (as such term is defined in such Statement).

Appears in 1 contract

Samples: Credit Agreement (Osullivan Industries Inc)

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Year-End Financials. As soon as available and in any event ------------------- within ninety (90) days after the end of each Fiscal Year fiscal year of Holdingsthe Borrower, the Borrower Representative will deliver (1i) the consolidated and consolidating balance sheets sheet of Holdings the Borrower and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, Stockholders’ stockholders' equity and cash flow for such Fiscal Yearfiscal year, (2ii) a schedule of the outstanding Indebtedness for borrowed money of Holdings the Borrower and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3iii) a report with respect to the consolidated Financial Statements financial statements from a firm of certified public accountants Certified Public Accountants selected by Borrowers the Borrower and reasonably acceptable to AgentsLender, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "Statement") entitled "Reports on Audited Financial Statements" and such report shall be "Unqualified” as to going concern and scope of audit " (as such term is defined in such Statement).

Appears in 1 contract

Samples: Loan Agreement (Zefer Corp)

Year-End Financials. As soon as available and in any event within ninety (90) days after the end of each Fiscal Year (or 120 days in the case of Holdingsthe Fiscal Year ended January 31, 2006), Borrower Representative will deliver (1) the consolidated and consolidating balance sheets of Holdings and its Subsidiaries, as at the end of such year, and the related consolidated and consolidating statements of income, Stockholders’ stockholders' equity and cash flow for such Fiscal Year, (2) a schedule of the outstanding Indebtedness for borrowed money of Holdings and its Subsidiaries describing in reasonable detail each such debt issue or loan outstanding and the principal amount and amount of accrued and unpaid interest with respect to each such debt issue or loan and (3) a report with respect to the consolidated Financial Statements from a firm of certified public accountants Certified Public Accountants selected by Borrowers Borrower and reasonably acceptable to AgentsAgent, which report shall be prepared in accordance with Statement of Auditing Standards No. 58 (the "Statement") "Reports on Audited Financial Statements" and such report shall be "Unqualified” as to going concern and scope of audit " (as such term is defined in such Statement).

Appears in 1 contract

Samples: Credit Agreement (RathGibson Inc)

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