Example ContractsClausesAccuracy of Financial Statements
Accuracy of Financial Statements
Accuracy of Financial Statements contract clause examples

Financial Statements. Receipt and satisfactory review by the Lenders of the consolidated financial statements of the Borrower and its Subsidiaries for the fiscal years ended 2016, 2015 and 2014, including balance sheets, income and cash flow statements audited by

will furnish (or make available via the IntraLinks website or the Securities and Exchange Commission EDGAR website) the following to the Agent and each Bank (if not provided via IntraLinks, in duplicate if so requested):

Financial Statements. The Agent shall have received balance sheets with respect to each Property and each Guarantor for the most recent Fiscal Year and calendar quarter and statements of income and statements of cash flows with respect to each Property and each Guarantor for the most recent Fiscal Year and calendar quarter, each in form and substance satisfactory to the Agent.

Financial Statements. The Borrower has furnished or otherwise made available to the Administrative Agent, for itself and its Subsidiaries, its most recent filings with the Securities and Exchange Commission on Forms 10-K and 10-Q. Such Forms 10-K and 10-Q do not contain any untrue statement of a material fact or omit to state a material fact necessary to make any statement therein, in light of the circumstances under which it was made, not misleading. Each of the financial statements in such Forms 10-K and 10-Q has been, and each of the financial statements to be furnished pursuant to Section 8.2 will be, prepared in accordance with GAAP applied consistently with prior periods, except as therein noted, and fairly presents or will fairly present in all material respects the consolidated financial position of the Borrower and its Subsidiaries as of the date thereof and the results of the operations of the Borrower and its Subsidiaries for the period then ended.

Financial Statements. There has been furnished to the Lender a statement of assets and liabilities of the Company as at the Balance Sheet Date and a statement of operations of the Company for the fiscal year ended December 31, 2015. There are no Contingent Liabilities of the Company as of such date involving material amounts, known to the officers of the Company, which were not disclosed in such balance sheet or the notes related thereto.

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 Company has made available to Purchaser the following financial statements (collectively the “Company Financial Statements”):

The consolidated balance sheet of the Company and its Consolidated Subsidiaries as at December 31, 20122015 and the related consolidated statements of income and cash flows of the Company and its Consolidated Subsidiaries for the fiscal year then ended, certified by PriceWaterhouseCoopers, LLP, certified public accountants, and set forth in the Company’s 20122015 Form 10-K, a copy of which has been delivered to each of the Lenders, fairly present, in all material respects, in conformity with GAAP, the consolidated financial position of the

Financial Statements. The Company will deliver, or cause to be delivered, to each of the Lenders:

The Financial Statements attached to [Schedule 4.1.11(a)] present fairly in all material respects the financial position of the Company as of the dates designated therein and the results of operations and cash flows for the periods designated therein, and were prepared in accordance with GAAP, subject, in the case of the interim monthly financial statements, to normal recurring year-end adjustments and the absence of footnotes.

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