Example ContractsClausesfinal conditionVariants
Remove:

The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal year 2020 audited by Ernst & Young, L.L.P. present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended. The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended, subject to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).

The unaudited consolidated balance sheet of the Principal Borrower and its Subsidiaries dated September 30, 2020, and the related consolidated statements of income or operations, shareholders’ equity and of cash flows offor the Parent Borrower for fiscal year 2020 audited by Ernst & Young, L.L.P.quarter ended on that date # were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and # fairly present fairly, in all material respects,respects the financial condition of the ParentPrincipal Borrower and its Subsidiaries on a consolidated basis as of suchthe date thereof and their results of their operations on a consolidated basis for the period then ended. The balance sheetcovered thereby, subject, in the case of clauses (i) and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended, subject(ii), to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).

The unaudited consolidated balance sheet of the Borrower and its Subsidiaries dated June 30, 2021, and the related consolidated statements of income or operations, shareholders’ equity and of cash flows offor the Parent Borrower for fiscal year 2020 audited by Ernst & Young, L.L.P.quarter ended on that date # were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, # fairly present fairly, in all material respects, the consolidated financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of suchthe date thereof and their results of their operations on a consolidated basis for the period then ended. The balance sheetcovered thereby and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly, in# show all material respects, the financial conditionindebtedness and other liabilities and other liabilities, direct or contingent, of the Parent Borrower and its Subsidiaries on a consolidated basis as of suchthe date thereof that are required to be disclosed therein in accordance with GAAP, subject, in the case of clauses (i) and results of their operations on a consolidated basis for the period then ended, subject(ii), to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).

The audited consolidated balance sheet of Borrower and its Subsidiaries, and the related audited consolidated statements of income and ofincome, cash flows and retained earnings of the Parent Borrower for fiscal year 2020 audited by Ernst & Young, L.L.P. present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended. The balance sheet andfiscal year ended December 31, 2017, copies of which have been furnished to Lender prior to the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021Effective Date, present fairly,fairly in all material respects,respects the consolidated financial conditionposition of the Parent Borrower and its Subsidiaries on a consolidated basis asat the respective dates of such datebalance sheets and the consolidated results of theirthe operations on a consolidated basisof Borrower for the period then ended, subject to the absence of footnotes and to normal year-end audit adjustments. All suchrespective periods covered thereby. The foregoing historical financial statements, including the related schedules and notes thereto,statements have been prepared in accordance with GAAP appliedgenerally accepted accounting principles consistently throughout the periods involved (except as disclosed therein).applied.

SECTION # Financial Information. (a) The consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as of November 25, 2023 and the related consolidated statements of incomeincome, shareholders’ equity and of cash flows offor the Parent Borrower for fiscal year 2020 auditedFiscal Year then ended, reported on by Ernst & Young, L.L.P. present fairly, in all material respects,LLP, copies of which have been delivered to the Bank, and the unaudited but reviewed consolidated financial conditionstatements of the Parent Borrower and its Consolidated Subsidiaries on afor the interim period ended March 2, 2024, fairly present, in conformity with GAAP, the consolidated basisfinancial position of the Borrower and its Consolidated Subsidiaries as of such datedates and their consolidated results of their operations on a consolidated basis for the period then ended. The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended, subject to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).stated.

The unaudited consolidated balance sheetsheets of the Borrower and its Subsidiaries dated March 31, 2018 and June 30, 2018, and the related consolidated statements of income or operations, shareholders’ equity and of cash flows offor the Parent Borrower for fiscal year 2020 audited by Ernst & Young, L.L.P.quarter ended on that date # were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and # fairly present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended. The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly,Subsidiaries, in all material respects, the financial conditionas of the Parent Borrowerdate thereof and its Subsidiaries on a consolidated basis as of such date andtheir results of their operations on a consolidated basis for the period then ended, subjectcovered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).

The unaudited consolidated balance sheetsheets of the Borrower and its Subsidiaries dated March 31, 2017 and June 30, 2017, and the related consolidated statements of income or operations, shareholders' equity and of cash flows offor the Parent Borrower for fiscal year 2020 audited by Ernst & Young, L.L.P.quarter ended on that date # were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and # fairly present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended. The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly,Subsidiaries, in all material respects, the financial conditionas of the Parent Borrowerdate thereof and its Subsidiaries on a consolidated basis as of such date andtheir results of their operations on a consolidated basis for the period then ended, subjectcovered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).

The Company has heretofore furnished to each of the Lenders unaudited condensed consolidated balance sheetsheets of the Company and its Subsidiaries as at March 31, 2016, the related unaudited condensed consolidated statements of income and condensed consolidated statement of cash flows of the Parent BorrowerCompany and its Subsidiaries for the fiscal quarter ended on said date, and consolidated balance sheets of the Company and its Subsidiaries as at December 31, 2015 and the related consolidated statements of income and consolidated statement of cash flows of the Company and its Subsidiaries for the fiscal year 2020 audited byended December 31, 2015, together with the opinion of Ernst & Young, L.L.P.Young LLP covering said consolidated balance sheet and statements for the fiscal year ended December 31, 2015. All such financial statements present fairly, in all material respects, the consolidated financial conditionposition of the Parent BorrowerCompany and its Subsidiaries on aas at said respective dates and the consolidated basis as of such date and results of their operations on a consolidated basisand their cash flows for the period then ended. The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly, inrespective periods so presented are all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended, subject to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).GAAP. Since December 31, 2015 there has been no Material Adverse Change.

The unaudited consolidated balance sheet of the Borrower and its Subsidiaries dated September 30, 2022, and the related consolidated and consolidating statements of income or operations, shareholders’ equity and of cash flows offor the Parent Borrower for fiscal year 2020 audited by Ernst & Young, L.L.P.quarter ended on that date # were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and # fairly present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of suchthe date thereof and their results of their operations on a consolidated basis for the period then ended. The balance sheetcovered thereby, subject, in the case of clauses (i) and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended, subject(ii), to the absence of footnotes and to normal year-end audit adjustments. All[Schedule 5.05] sets forth all material indebtedness and other liabilities, direct or contingent, of the Borrower and its consolidated Subsidiaries as of the date of such financial statements, including the related schedulesliabilities for taxes, material commitments and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein).Indebtedness.

(a) The audited consolidated balance sheets of the Borrower and its Restricted Subsidiaries as at December 31, 2015, 2016 and 2017, and the related consolidated statements of income, stockholder’s equity and cash flows for the fiscal years ended December 31, 2015, 2016 and 2017, reported on by and accompanied by reports thereon of PricewaterhouseCoopers LLP, present fairly in all material respects the consolidated financial position of the Borrower and its Subsidiaries as at such dates, and the consolidated results of operations and consolidated cash flows of the Borrower and its Subsidiaries for the respective fiscal years then ended. The unaudited consolidated balance sheet of the Borrower and its Subsidiaries as at March 31, 2018, June 30, 2018, and September 30, 2018, and the related consolidated statements of income and of cash flows offor the Parent Borrower forrespective fiscal year 2020 audited by Ernst & Young, L.L.P.quarters then ended, present fairly,fairly in all material respects,respects the consolidated financial conditionposition of the Parent Borrower and its Subsidiaries on aas at such date, and the consolidated basis as of such date and results of theirits operations on aand its consolidated basiscash flows for the periodrespective fiscal quarters then ended. The balance sheet and the related statements of income and of cash flows of the Parent Borrower for fiscal quarter ended March 31, 2021 present fairly, in all material respects, the financial condition of the Parent Borrower and its Subsidiaries on a consolidated basis as of such date and results of their operations on a consolidated basis for the period then ended, subject to the absence of footnotes and to normal year-end audit adjustments. All such financial statements, including the related schedules and any notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as disclosed therein)therein, and, in the case of the unaudited financial statements, subject to normal period-end adjustments and the absence of footnotes).

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.