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Accuracy of Financial Statements
Accuracy of Financial Statements contract clause examples

Financial Statements. The shall have received the audited financial statements for the Borrower and its consolidated Subsidiaries for the fiscal year ended December 31, 2021 and unaudited financial statements for the Borrower and its consolidated Subsidiaries for the fiscal quarters ended March 31, 2022, June 30, 2022 and September 30, 2022. The Administrative Agent and acknowledge having received the financial statements referred to above.

Financial Statements; Projections; Etc. Administrative Agent shall have received # audited annual financial statements of Borrower and its Subsidiaries for each of the 2016, 2017 and 2018 fiscal years of Borrower; # unaudited quarterly financial statements for the Borrower and its Subsidiaries for each of the fiscal quarters of Borrower ending in 2016, 2017 and 2018; # copies of financial projections of Borrower and its Subsidiaries for the next five (5) fiscal years; and # an unaudited balance sheet of Borrower and its Subsidiaries for Borrower and its Subsidiaries for the fiscal quarter of Borrower ended on March 31, 2019, adjusted, on a Pro Forma Basis, to give effect to the consummation of the Transactions.

Financial Statements and Projections. The Lender shall have received # audited consolidated financial statements of the Borrower and its Subsidiaries for the 2014, 2015 and 2016 fiscal years and # unaudited interim consolidated financial statements of the Borrower and its Subsidiaries for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements

The Administrative Agent shall have received # audited consolidated financial statements of the Borrower for each of the annual periods ended December 31, 2013 and December 31, 2014, # unaudited consolidated financial statements of the Borrower with respect to the fiscal year ended December 31, 2015 and # unaudited interim consolidated financial statements of the Borrower for the quarterly period ended March 31, 2016.

Section #2Financial Statements; Etc. Borrower has delivered to Administrative Agent audited financial statements of Borrower and its Subsidiaries as at and for the fiscal year ended December 31, 2022 and unaudited financial statements of Borrower and its Subsidiaries as at and for each fiscal quarter ended thereafter through and including the fiscal quarter ended December 31, 2023. Such financial statements are true and correct in all material respects, have been prepared in accordance with GAAP, and fairly and accurately present, on a consolidated basis, the financial condition of Borrower and its Subsidiaries as of the respective dates indicated therein and the results of operations for the respective periods indicated therein. Neither Borrower nor any of its Subsidiaries has any material contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments except as referred to or reflected in such financial statements. No Material Adverse Event has occurred since the effective date of the audited financial statements referred to in this Section 6.2. All projections delivered by Borrower to Administrative Agent and Lenders have been prepared in good faith, with care and diligence and using assumptions that are reasonable under the circumstances at the time such projections were prepared and delivered to Administrative Agent and Lenders and all such assumptions are disclosed in the projections. Other than the Debt listed on [Schedule 8.1] and Debt otherwise permitted by Section 8.1, Borrower and each Subsidiary have no Debt.

# shall have received # audited consolidated financial statements of for the two most recent fiscal years ended prior to the Effective Date as to which such financial statements are available, # unaudited interim consolidated financial statements of for each quarterly period ended subsequent to the date of the latest financial statements delivered pursuant to clause (i) of this paragraph and completed at least 45 days prior to the Effective Date and as to which such financial statements are publicly available and # financial statement projections through and including ’s 2023 fiscal year, together with such information relating to such projections as the Administrative Agent and shall reasonably request (including, without limitation, a detailed description of the assumptions used in preparing such projections).

Financial Statements. The October 2, 2016 audited annual consolidated financial statements of and its Subsidiaries and the January 1, 2017 quarterly consolidated financial statements of and its Subsidiaries, each heretofore delivered to the Lenders, were prepared in accordance with generally accepted accounting principles in effect in the United States of America on the date such statements were prepared and fairly present the consolidated financial condition and operations of and its Subsidiaries at such date and the consolidated results of their operations for the period then ended (subject to year-end audit adjustments and the absence of footnotes in the case of the quarterly financial statements).

The Lenders shall have received # satisfactory audited consolidated financial statements of for the two most recent fiscal years ended prior to the Restatement Effective Date as to which such financial statements are available, # satisfactory unaudited interim consolidated financial statements of for each quarterly period ended subsequent to the date of the latest financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are publicly available and # satisfactory financial statement projections through and including ’s 2020 fiscal year, together with such information as the Administrative Agent and the Lenders shall reasonably request (including, without limitation, a detailed description of the assumptions used in preparing such projections).

Financial Statements. The Administrative Agent shall have received # the audited Consolidated balance sheet of the Borrower and its Subsidiaries as of December 31, 2015, December 31, 2016 and December 31, 2017 and the related audited statements of income and retained earnings and cash flows for the Fiscal Year then ended and # unaudited Consolidated balance sheet of the Borrower and its Subsidiaries as of March 31, 2018 and related unaudited interim statements of income and retained earnings.

Quarterly Financial Statements. As soon as available and in any event within 50 days after the close of each of the quarterly accounting periods in each fiscal year of the Borrower beginning with the fiscal quarter ending April 2, 2017, the unaudited consolidated balance sheets of the Borrower and its consolidated Subsidiaries as at the end of such quarterly period and the related unaudited consolidated statements of income and of cash flows for such quarterly period and/or for the fiscal year to date, and setting forth, in the case of such unaudited consolidated statements of income and of cash flows, comparative figures for the related periods in the prior fiscal year, and which shall be certified on behalf of the Borrower by the Chief Financial Officer of the Borrower, subject to changes resulting from normal year-end audit adjustments; provided, however, that the Borrower may also comply with this subpart by publishing such statements and reports on its internet website or in another publicly accessible electronic database and giving the Administrative Agent and each Lender notice thereof.

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