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Applicable Financial Statements
Applicable Financial Statements contract clause examples

Financial Statements. The Administrative Agent shall have received # the audited consolidated balance sheet of the Borrower and its Subsidiaries as of December 27, 2020 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 June 27, 2021 and related unaudited interim statements of income and retained earnings.

Financial Statements. The Administrative Agent shall have received the audited Consolidated balance sheet of the Borrower and its Subsidiaries and the related audited statements of income and retained earnings and cash flows for each of the Fiscal Years ended June 27, 2015, June 25, 2016 and June 24, 2017.

Financial Information. The Administrative Agent shall have received # the financial statements of the Borrower referred to in [Section 4.04(a) and (ii)])] draft consolidated balance sheets and related consolidated statements of income and cash flows of the Borrower and its Subsidiaries as of the end of and for the fiscal quarter ended March 31, 2017, together with a certificate, dated as of the Closing Date and signed by a senior executive officer of the Borrower, in form and substance reasonably acceptable to the Administrative Agent certifying as to the foregoing in this clause (ii).

Financial Statements. The Administrative Agent and the Lenders shall have received copies of the Audited Financial Statements referred to in Section 3.5 and the consolidated annual projected balance sheet, income statement and cash flow statement for the Parent and its Consolidated Subsidiaries on a consolidated basis for the period through the Maturity Date, each in form and substance reasonably satisfactory to the Administrative Agent and the other Lenders.

Financial Statements. The Borrower has made available to the Administrative Agent and the Banks (by way of DebtX, pursuant to the Borrower’s filings with the Securities and Exchange Commission or otherwise) # the audited consolidated balance sheets and statements of income, capitalization, common shareholders’ equity and cash flows of the Borrower and its Subsidiaries as of and for the fiscal year of the Borrower ended September 30, 2020, all certified by the Borrower’s independent certified public accountants, and # the consolidated balance sheets and statements of income, capitalization, common shareholders’ equity and cash flows of the Borrower and its Subsidiaries as of and for the fiscal quarter of the Borrower ended December 31, 2020, which financial statements in each case have been prepared in accordance with GAAP consistently applied. The Borrower further represents and warrants to the Administrative Agent and each Bank that the balance sheets referred to the above and their accompanying notes (if any) fairly present in all material respects the financial condition of the Borrower and its Subsidiaries as of the dates thereof, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in [clause (b) above].

Financial Statements. The Borrower has made available to the Administrative Agent and the Banks (by way of DebtX, pursuant to the Borrower’s filings with the Securities and Exchange Commission or otherwise) # the audited consolidated balance sheets and statements of income, capitalization, common shareholders’ equity and cash flows of the Borrower and its Subsidiaries as of and for the fiscal year of the Borrower ended September 30, 2019, all certified by the Borrower’s independent certified public accountants, and # the consolidated balance sheets and statements of income, capitalization, common shareholders’ equity and cash flows of the Borrower and its Subsidiaries as of and for the fiscal quarter of the Borrower ended December 31 2019, which financial statements in each case have been prepared in accordance with GAAP consistently applied. The Borrower further represents and warrants to the Administrative Agent and each Bank that the balance sheets referred to the above and their accompanying notes (if any) fairly present in all material respects the financial condition of the Borrower and its Subsidiaries as of the dates thereof, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in [clause (b) above].

Financial Statements. Receipt by the Administrative Agent and the Lenders of the audited financial statements of each Borrower and its Consolidated Affiliates for the fiscal year ended as of December 31, 2018 (it being agreed that each Borrower may make available such items on its corporate website, any Securities and Exchange Commission website or any such other publicly available website and will notify the Administrative Agent and Lenders of the availability on such website).

The Administrative Agent shall have received satisfactory unaudited interim consolidated financial statements of the Borrower for each quarterly period ended subsequent to the date of the latest audited consolidated financial statements of the Borrower for the most recent fiscal year ended prior to the Closing Date as to which such financial statements are available (provided the Borrower will be deemed to have delivered such financial statements for purposes of this clause (i) to the extent it has publicly filed with the Securities and Exchange Commission reports that contain such financial statements).

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended January 2, 2016. In addition, the Borrower has delivered to the Administrative Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended October 1, 2016 (all such annual and interim statements being collectively referred to as the "Statements"). The Statements were compiled from the books and records maintained by the Borrower's management, are correct and complete and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 28, 2019. In addition, the Borrower has delivered to the Administrative Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended June 27, 2020 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, except to the extent provided in the notes to said financial statements and subject (in the case of the interim statements) to normal year-end audit adjustments.

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