Common use of Access to Information; Financial Statements Clause in Contracts

Access to Information; Financial Statements. (a) Upon reasonable prior written notice, the Company will, and will cause its Subsidiaries and the Representatives of the Company and its Subsidiaries to, afford Tengelmann and its Representatives reasonable access, consistent with applicable Law, to its and its Subsidiaries’ Representatives, and to the books and records of the Company and its Subsidiaries, and shall furnish Tengelmann with financial, operating and other data and information of the Company and its Subsidiaries as Tengelmann may from time to time reasonably request in writing, including to enable Tengelmann to prepare its financial statements and in connection with its financial reporting generally. Neither the Company nor its Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the Company or its Subsidiaries or contravene any Law (including antitrust Laws). (b) As soon as reasonably practicable following the end of each fiscal quarter and fiscal year, the Company will furnish to Tengelmann the consolidated financial statements of the Company (including providing draft statements as such statements become available and, with respect to fiscal years, audit reports as such reports become available). The Company shall use its reasonable best efforts to assist Tengelmann with respect to preparing Tengelmann’s financial statements and in connection with Tengelmann’s financial reporting generally, in a manner consistent with past practice. The Company will cooperate, in a manner consistent with past practice, with and assist Tengelmann in the translation of the Company’s financial statements in order to conform such financial statements to applicable German and/or international accounting standards and shall otherwise provide Tengelmann with access to information necessary in connection with such financial statements and financial reporting.

Access to Information; Financial Statements. (a) Upon reasonable prior written notice, the Company A&P will, and will cause its Subsidiaries and the Representatives of the Company A&P and its Subsidiaries to, afford Tengelmann and its Representatives reasonable access, consistent with applicable Law, to its and its Subsidiaries’ Representatives, and to the books and records of the Company A&P and its Subsidiaries, and shall furnish Tengelmann with financial, operating and other data and information of the Company A&P and its Subsidiaries as Tengelmann may from time to time reasonably request in writing, including to enable Tengelmann to prepare its financial statements and in connection with its financial reporting generally. Neither the Company A&P nor its Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the Company A&P or its Subsidiaries or contravene any Law (including antitrust Laws).. Table of Contents (b) As soon as reasonably practicable following the end of each fiscal quarter and fiscal year, the Company A&P will furnish to Tengelmann the consolidated financial statements of the Company A&P (including providing draft statements as such statements become available and, with respect to fiscal years, audit reports as such reports become available). The Company A&P shall use its reasonable best efforts to assist Tengelmann with respect to preparing Tengelmann’s financial statements and in connection with Tengelmann’s financial reporting generally, in a manner consistent with past practice. The Company A&P will cooperate, in a manner consistent with past practice, with and assist Tengelmann in the translation of the CompanyA&P’s financial statements in order to conform such financial statements to applicable German and/or international accounting standards and shall otherwise provide Tengelmann with access to information necessary in connection with such financial statements and financial reporting.

Access to Information; Financial Statements. (a) Upon reasonable prior written notice, the Company A&P will, and will cause its Subsidiaries and the Representatives of the Company A&P and its Subsidiaries to, afford Tengelmann and its Representatives reasonable access, consistent with applicable Law, to its and its Subsidiaries’ Representatives, and to the books and records of the Company A&P and its Subsidiaries, and shall furnish Tengelmann with financial, operating and other data and information of the Company A&P and its Subsidiaries as Tengelmann may from time to time reasonably request in writing, including to enable Tengelmann to prepare its financial statements and in connection with its financial reporting generally. Neither the Company A&P nor its Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the Company A&P or its Subsidiaries or contravene any Law (including antitrust Laws). (b) As soon as reasonably practicable following the end of each fiscal quarter and fiscal year, the Company A&P will furnish to Tengelmann the consolidated financial statements of the Company A&P (including providing draft statements as such statements become available and, with respect to fiscal years, audit reports as such reports become available). The Company A&P shall use its reasonable best efforts to assist Tengelmann with respect to preparing Tengelmann’s financial statements and in connection with Tengelmann’s financial reporting generally, in a manner consistent with past practice. The Company A&P will cooperate, in a manner consistent with past practice, with and assist Tengelmann in the translation of the CompanyA&P’s financial statements in order to conform such financial statements to applicable German and/or international accounting standards and shall otherwise provide Tengelmann with access to information necessary in connection with such financial statements and financial reporting.