Example ContractsClausesaccuracy of financial statementsVariants
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Annual Financial Statements. As soon as available, but in any event within one hundred and five (105) days after the end of each fiscal year of the Parent Borrower, a copy of the consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as at the end of such fiscal year and the related consolidated statements of income and retained earnings and of cash flows of the Parent Borrower and its consolidated Subsidiaries for such year, audited by an independent certified public accountant of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous year, reported on without a “going concern” or like qualification or exception, or qualification indicating that the scope of the audit was inadequate to permit such independent certified public accountants to certify such financial statements without such qualification; and

Annual Financial Statements. As soon as available, but in any event within one hundred and five (105)ninety (90) days after the end of each fiscal year of the Parent Borrower,Borrower (commencing with the fiscal year ended December 31, 2017), a copy of the consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as at the end of such fiscal yearyear, and the related consolidated statements of income or operations, changes in shareholders' equity, and retained earnings and of cash flows of the Parent Borrower and its consolidated Subsidiaries for such fiscal year, audited by an independent certified public accountant of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous fiscal year, reported on withoutall in reasonable detail and prepared in accordance with GAAP, audited and accompanied by a “going concern”report of an independent certified public accountant of nationally recognized standing, which report shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any "going concern" or like qualification or exception,exception or any qualification indicating thator exception as to the scope of the audit was inadequate to permit such independent certified public accountants to certify such financial statements without such qualification; andaudit.

Annual Financial Statements. As soon as available, but in any event within one hundred and five (105)ninety (90) days after the end of each fiscal year of the Parent Borrower,Borrower (commencing with the fiscal year ended December 31, 2018), a copy of the consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as at the end of such fiscal yearyear, and the related consolidated statements of income or operations, changes in shareholders’ equity, and retained earnings and of cash flows of the Parent Borrower and its consolidated Subsidiaries for such fiscal year, audited by an independent certified public accountant of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous fiscal year, reported on withoutall in reasonable detail and prepared in accordance with GAAP, audited and accompanied by a “going concern”report of an independent certified public accountant of nationally recognized standing, which report shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any “going concern” or like qualification or exception,exception or any qualification indicating thator exception as to the scope of the audit was inadequate to permit such independent certified public accountants to certify such financial statements without such qualification; andaudit.

Annual Financial Statements. As soon as available, butavailable and in any event within one hundred and five (105)90 days after the endclose of each fiscal year of the Parent Borrower, a copy ofBorrower beginning with the fiscal year ending December 31, 2017, the consolidated balance sheetsheets of the Parent Borrower and its consolidated Subsidiaries as at the end of such fiscal year and the related consolidated statements of income and retained earningsincome, of stockholders’ equity and of cash flows for such fiscal year, in each case setting forth comparative figures for the preceding fiscal year, all in reasonable detail and accompanied by the opinion with respect to such consolidated financial statements of independent public accountants of recognized national standing selected by the Borrower, which opinion shall be unqualified and shall # state that such accountants audited such consolidated financial statements in accordance with generally accepted auditing standards, that such accountants believe that such audit provides a reasonable basis for their opinion, and that in their opinion such consolidated financial statements present fairly, in all material respects, the consolidated financial position of the Parent Borrower and its consolidated Subsidiariessubsidiaries as at the end of such fiscal year and the consolidated results of their operations and cash flows for such year, audited by anfiscal year in conformity with generally accepted accounting principles, or # contain such statements as are customarily included in unqualified reports of independent certified public accountantaccountants in conformity with the recommendations and requirements of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous year, reported on without a “going concern” or like qualification or exception, or qualification indicatingAmerican Institute of Certified Public Accountants (or any successor organization); provided, however, that the scope ofBorrower 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 audit was inadequate to permit such independent certified public accountants to certify such financial statements without such qualification;Administrative Agent and each Lender notice thereof.

AnnualQuarterly Financial Statements. As soon as available, but in any event within one hundred and forty-five (105)(45) days after the end of each of the first three fiscal yearquarters of the Parent Borrower, a copy of thecompany-prepared consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as at the end of such fiscal yearperiod and the related consolidatedcompany-prepared statements of income and retained earnings and of cash flows offor the Parent Borrower and its consolidated Subsidiaries for such year, audited by an independent certified public accountantquarterly period and for the portion of nationally recognized standing reasonably acceptable to the Required Lenders,fiscal year ending with such period, in each case setting forth in each case in comparative form theconsolidated figures for the previous year, reported on without a “going concern”corresponding period or like qualification or exception, or qualification indicating that the scopeperiods of the preceding fiscal year (subject to normal recurring year-end audit was inadequate to permit such independent certified public accountants to certify such financial statements without such qualification;adjustments and the absence of footnotes).

Annual Financial Statements. As soon as available, but in any event within one hundred and five (105)Within 90 days after the endclose of each fiscal year of Borrower, # the Parent Borrower, a copy of theaudited consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income and retained earnings and statement of cash flows of the Parent Borrower and its consolidated Subsidiaries for such year, auditedfiscal year setting forth comparative figures for the preceding fiscal year and certified by anKPMG or other independent certified public accountantaccountants of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous year, reported on standing, together with a report of such accounting firm (which report shall be without a “going concern” or like qualification or exception,exception and without any qualification or qualification indicating that theexception as to scope of audit) and # management’s discussion and analysis of the audit was inadequate to permitimportant operational and financial developments during such independent certified public accountants to certify such financial statements without such qualification; andfiscal year.

Borrower Annual Financial Statements. As soon as available, but in any event within one hundred and five (105)twenty (120) days after the end of each fiscal year of the Parent Borrower, a copy of the consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as atof the end of such fiscal yearyear, and the related consolidated statements of income or operations, shareholders’ equity and retained earnings and of cash flows of the Parent Borrower and its consolidated Subsidiaries for such fiscal year, audited by an independent certified public accountant of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous fiscal year, reported on without a “going concern”all in reasonable detail and prepared in accordance with GAAP, such consolidated statements to be audited and certified by Whitley Penn LLP, or like qualification or exception, or qualification indicating that the scope of the audit was inadequate to permit suchother independent certified public accountants of recognized standing reasonably acceptable to certifyAdministrative Agent, to the effect that such financial statements without such qualification;report has been prepared in accordance with GAAP and containing no material qualifications or limitations on scope.

Annual Financial Statements. As soon as available, butpracticable and in any event within one hundred and five (105)ninety (90) days (or, if earlier, on the date of any required public filing thereof) after the end of each fiscal year ofFiscal Year (commencing with the Parent Borrower, a copy of the consolidatedFiscal Year ended December 31, 2018), an audited Consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as atof the close of such Fiscal Year and audited Consolidated statements of income, retained earnings and cash flows including the notes thereto, all in reasonable detail setting forth in comparative form the corresponding figures as of the end of such fiscal year and for the related consolidated statements of incomepreceding Fiscal Year and retained earnings and of cash flowsprepared in accordance with GAAP and, if applicable, containing disclosure of the Parent Borrowereffect on the financial position or results of operations of any change in the application of accounting principles and its consolidated Subsidiaries for such year,practices during the year. Such annual financial statements shall be audited by Grant Thornton LLP or an independent certified public accountantaccounting firm of nationally recognized national standing reasonably acceptable to the Required Lenders, setting forthAdministrative Agent, and accompanied by a report and opinion thereon by such certified public accountants prepared in each case in comparative form the figures for the previous year, reported on without aaccordance with generally accepted auditing standards that is not subject to any “going concern” or likesimilar qualification or exception,exception or any qualification indicating thatas to the scope of such audit or with respect to accounting principles followed by the audit was inadequate to permit such independent certified public accountants to certify such financial statements without such qualification; andBorrower or any of its Subsidiaries not in accordance with GAAP.

Annual Financial Statements. Asas soon as available, but in any event within one hundred and five (105)twenty (120) days after the end of each fiscal year of the ParentPrincipal Borrower, a copy of the consolidated balance sheet of the ParentPrincipal Borrower and its consolidated Subsidiaries as at the end of such fiscal yearyear, and the related consolidated statements of income or operations, shareholders’ equity and retained earnings and of cash flows of the Parent Borrower and its consolidated Subsidiaries for such fiscal year, audited by an independent certified public accountant of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous fiscal year, reported on withoutall in reasonable detail and prepared in accordance with GAAP, audited and accompanied by a report and opinion of a Registered Public Accounting Firm of nationally recognized standing reasonably acceptable to the Required Lenders, which report and opinion shall be prepared in accordance with generally accepted auditing standards and applicable Securities Laws and shall not be subject to any “going concern” or like qualification or exception,exception or any qualification indicating thator exception as to the scope of the audit was inadequate to permit such independent certified public accountants to certify such financial statements without such qualification; andaudit;

Borrower Annual Financial Statements. As soon as available, but in any event within one hundred and five (105)ninety (90) days after the end of each fiscal year of the Parent Borrower, a copy of the consolidated balance sheet of the Parent Borrower and its consolidated Subsidiaries as atof the end of such fiscal yearyear, and the related consolidated statements of income or operations, shareholders’ equity and retained earnings and of cash flows of the Parent Borrower and its consolidated Subsidiaries for such fiscal year, audited by an independent certified public accountant of nationally recognized standing reasonably acceptable to the Required Lenders, setting forth in each case in comparative form the figures for the previous fiscal year, reported on without a “going concern”all in reasonable detail and prepared in accordance with GAAP, such consolidated statements to be audited and certified by Whitley Penn LLP, or like qualification or exception, or qualification indicating that the scope of the audit was inadequate to permit suchother independent certified public accountants of recognized standing reasonably acceptable to certifyAdministrative Agent, to the effect that such financial statements without such qualification;report has been prepared in accordance with GAAP and containing no material qualifications or limitations on scope.

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