Common use of Accountant's Comfort Letter and Update Clause in Contracts

Accountant's Comfort Letter and Update. At the Closing the Representative shall have received from Spear, Safer, Harmon & Co. a letter dated suxx xxxe, in form and substance satisfactory to the representative containing statements and information of the type ordinarily included in accountants' "comfort letter" to underwriters with respect to the financial statements and certain financial information contained in the Registration Statement and Prospectus; and, at the Closing, the Representative shall also have received from Spear, Safer Harmon & Co. a letter, dated ax xxx Closing Date, to the effect that they reaffirm the statements made in the letter furnished pursuant to the previous clause, except that the specified date referred to shall be a date not more than three days prior to the Closing Date. At the Closing Date, the capital stock and surplus accounts of the Company shall be substantially the same as at the date of the last audited balance sheet included in the Registration Statement, without considering the proceeds from the sale of the Stock, other than as may be set forth in the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Bio Aqua Systems Inc), Underwriting Agreement (Bio Aqua Systems Inc)

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Accountant's Comfort Letter and Update. At the Closing the Representative shall have received from Spear, Safer, Harmon Xxxxxx & Co. a letter dated suxx xxxesuch date, in form and substance satisfactory to the representative Representative, containing statements and information of the type ordinarily included in accountants' "comfort letter" to underwriters with respect to the financial statements and certain financial information contained in the Registration Statement and Prospectus; and, at the Closing, the Representative shall also have received from Spear, Safer Harmon Safer, Xxxxxx & Co. a letter, dated ax xxx at the Closing Date, to the effect that they reaffirm the statements made in the letter furnished pursuant to the previous clause, except that the specified date referred to shall be a date not more than three days prior to the Closing Date. At the Closing Date, the capital stock and surplus accounts of the Company shall be substantially the same as at the date of the last audited balance sheet included in the Registration Statement, without considering the proceeds from the sale of the StockUnits, other than as may be set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Bio Aqua Systems Inc)

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Accountant's Comfort Letter and Update. At at the Closing the Representative shall have received from Spear, Safer, Harmon & Co. a letter dated suxx xxxe, in form and substance satisfactory to the representative containing statements and information of the type ordinarily included in accountants' "comfort letter" to underwriters with respect to the financial statements and certain financial information contained in the Registration Statement and Prospectus; and, at the Closing, the Representative shall also have received from Spear, Safer Harmon & Co. a letter, dated ax xxx Closing Date, to the effect that they reaffirm the statements made in the letter furnished pursuant to the previous clause, except that the specified date referred to shall be a date not more than three days prior to the Closing Date. At the Closing Date, the capital stock and surplus accounts of the Company shall be substantially the same as at the date of the last audited balance sheet included in the Registration Statement, without considering the proceeds from the sale of the Stock, other than as may be set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Bio Aqua Systems Inc)

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