Delivery of Financial Statements At the latest on the day that is ​ after the Closing Date, the Seller shall provide the Purchaser with audited abbreviated financial statements for the Business for the financial year ended on ​, which financial statements shall meet the presentation requirements set forth in § 210.3-05(e) of Regulation S-X (the “Abbreviated Financials”) and information reasonably requested by the Purchaser and necessary to prepare any applicable pro forma financial information required to be filed by the Purchaser with the U.S. Securities and Exchange Commission (the “SEC”) pursuant to [Article II] of Regulation S-X; provided, however, that the Purchaser will execute such acknowledgments and releases as are requested by the Seller’s independent certified public accountants with respect to the receipt and use of the Abbreviated Financials. Without limiting the foregoing, for purposes of complying with [Section 210.3.05] of Regulation S-X, the Purchaser will request from the Seller’s independent certified public accountants customary consent for inclusion or incorporation by reference of the audit report in respect of the Abbreviated Financials in the Purchaser’s filings with the SEC. The Seller will # use ​ efforts to obtain such consent from the Seller’s independent certified public accountants and # otherwise cooperate with the Purchaser in good faith in connection with the use of the Abbreviated Financials referred to in the [foregoing [clause (A)]] in any filing by the Purchaser with the SEC, including any reasonable requests from the Purchaser to the Seller’s independent certified public accountants in connection with any use of the Abbreviated Financials in any filing by the Purchaser with the SEC (subject, in each case, to the execution by the Purchaser of any necessary acknowledgments, releases and consents reasonably requested by the Seller’s independent certified public accountants). The ​ shall pay ​ for ​ to be retained by ​ in connection with complying with the delivery of the Abbreviated Financials to the Purchaser; provided, however, in no event shall the ​ be required to pay ​ for any other fees, costs, or expenses incurred now or in the future by ​ for or in connection with complying with its obligations under this [Section 9.13].

The Corporation’s “Comparator Group” shall mean all companies in the S&P 400 Financials Index as of the first day of the Performance Period (“Peer Companies”), modified to take into account mergers, acquisitions, spin-offs and other similar events as follows:

“Test Period” shall mean each period of four consecutive fiscal quarters of Lead Borrower (in each case taken as one accounting period) for which [Section 9.01] Financials have been (or were required to be) delivered or are otherwise internally available.

Section # Project Pro Forma. Borrower shall deliver to Lender (concurrently with delivery of the annual financials of Borrower required pursuant to [Section 8.6] hereof) a pro forma income and expense statement in connection with the Project. Documents required to be delivered pursuant to this [Section 4.10] may be delivered electronically.

notwithstanding the foregoing, Pricing Level I shall be deemed to be applicable until the Administrative Agent’s receipt of the applicable Financials for the Company’s first fiscal quarter ending after the Effective Date and adjustments to the Pricing Level then in effect shall thereafter be effected in accordance with this definition;

Coordinate with independent auditors on quarterly reviews and annual audits, including # supervision of Company staff to prepare financial results, schedules, and documents associated with such audits or reviews; # resolve complicated accounting issues that may arise during the review or audit; and # ensure that all financials are properly presented in accordance with U.S. GAAP, as applicable;

“Test Period”: for any determination under this Agreement, the four consecutive fiscal quarters of the Borrower and its Restricted Subsidiaries most recently ended on or prior to such date of determination and for which [Section 6.1] Financials shall have been delivered (or were required to be delivered) to the Administrative Agent or have been filed with the SEC.

notwithstanding the foregoing, Category 6 shall be deemed to be applicable from and after the Amendment No. 2 Effective Date until ​’s receipt of the applicable Financials for ​’s fiscal quarter ending on or about ​ and adjustments to the Category then in effect shall thereafter be effected in accordance with the preceding paragraphs.

together with the delivery of each Compliance Certificate pursuant to [Section 6.02(b)] pertaining to the delivery of annual financials pursuant to [Section 6.01(a)], a report supplementing [Schedules 5.12] and 5.16 to the extent necessary so that the related representation and warranty would be true and correct if made as of the date of such Compliance Certificate; and

The annual bonus shall be paid no later than 15 days following the completion of audited financials for each calendar year. If your employment is terminated for any reason prior to the expiration of the Term or the Renewal Term, as applicable, your annual bonus will be prorated for that year based on the number of days worked in that year.