ACCOUNTS AND FINANCIAL INFORMATION. The Parties will take such steps as are necessary to ensure that the Company and its subsidiaries:
9.1 Keep proper accounting books and records relating to the Business and make such books and records available for inspection on request by each of Xxxxxxxx and Xxxxxxx.
9.2 Furnish each of Xxxxxxxx and Xxxxxxx with monthly management accounts (in a format to be agreed by Xxxxxxxx and Xxxxxxx) within fifteen days of the end of each month.
9.3 Furnish each of Xxxxxxxx and Xxxxxxx with half-yearly unaudited financial statements (consisting of a balance sheet and profit and loss account) and audited accounts for each financial year of the Company and any subsidiaries (such statements and accounts to be provided within sixty (60) days of the end of the period to which they relate).
9.4 Furnish to each of Xxxxxxxx and Xxxxxxx such further information as either of them may from time to time reasonably require in relation to the Business or the financial position of the Company and any subsidiaries or otherwise relating to their respective affairs.
9.5 The Shareholders shall require that the Operator deliver the Budget required to be delivered under each of the Property Management Agreements and shall procure that not later than 30 days before the beginning of each financial year, the Board will prepare and deliver to them a proposed annual budget and cash flow forecast for the next financial year and such other information relating to the financial position and affairs of the Company and any subsidiaries as each Shareholder may from time to time reasonably require.
9.6 Within the 30 day period referred to in clause 9.5, Xxxxxxx and Xxxxxxxx, subject to Clause 6 and any amendments which they deem appropriate to the proposed budget, shall approve the annual budget for the Company’s financial year and communicate the annual budget to the Board.
9.7 Xxxxxxx and Xxxxxxxx shall procure that the Board will review the annual budget during the course of each financial year of the Company. The Board may propose changes to Xxxxxxx and Xxxxxxxx to which they shall respond within 15 days of receipt of each proposal. It is the understanding of the Shareholders that the approval of the Budget will be a Major Decision made in accordance with Clause 6.1.
ACCOUNTS AND FINANCIAL INFORMATION. (a) Copies of (i) the most recent annual audited accounts of each of the Sponsor, Constellation, the Borrower and the Head Charterer and (ii) the most recent unaudited accounts of the Sponsor, Constellation, the Borrower and the Head Charterer.
(b) Evidence that each of the Accounts have been opened and that all necessary bank mandates and signature forms in form and content acceptable to the Agents have been delivered to the Account Bank and that $1 has been credited to each such account.
(c) Evidence acceptable to the Agents that all fees then due to the Arranger, the Facility Agent and the Security Trustee and any applicable commitment commission then due have been paid in full or, as the case may be, arrangements satisfactory to the Agents for the payment of such fees have been put in place.
ACCOUNTS AND FINANCIAL INFORMATION. The Sub-Lessee shall provide to the Sub-Lessor:
(a) a copy of its annual audited accounts for each of its financial years; and
(b) (or, as the case may be, shall procure that there is provided to the Sub-Lessor) such reasonably available financial information relating to the Sub-Lessee as the Sub-Lessor may reasonably request from time to time.
ACCOUNTS AND FINANCIAL INFORMATION. The Assets...............................................................25 4. The Business.............................................................25 5. Events since the Accounts Date...........................................26 6. Contracts................................................................26 7. Employees................................................................27 8. Pensions.................................................................28 9. Business intellectual property rights....................................28 10. Litigation...............................................................29 11.
ACCOUNTS AND FINANCIAL INFORMATION. 2.1 The accounting records of the Vendor comply with the requirements of sections 221 and 222 Companies Act 1985 and do not contain any material inaccuracy or discrepancy.
2.2 All relevant financial books and records of the Vendor required by law to be in its possession or under its direct control are in its possession or otherwise under its direct control.
2.3 The Management Accounts fairly reflect the profits, assets and liabilities in relation to the Business as at the end of the period to which they relate, it being understood that the Management Accounts have been prepared for internal purposes only.
ACCOUNTS AND FINANCIAL INFORMATION. The Borrower shall provide, or procure that there shall be provided to the Participating Banks:
(a) as soon as practicable but, in any event, by no later than 120 days from the end of the relevant financial year, the audited consolidated Accounts of the Borrower for each of its financial years, including, in each case, a balance sheet, profit and loss statement, in each case setting forth comparative figures for the preceding year;
(b) as soon as practicable but, in any event, by no later than 45 days from the end of the first half-year of each financial year, the unaudited consolidated reviewed Accounts of the Borrower for that half year;
(c) as soon as practicable but, in any event, by no later than 45 days from the end of each of the first three Quarters, the unaudited consolidated reviewed Accounts of the Borrower, for such Quarter; and
(d) not more than 90 (ninety) days after its preparation, a revised business plan and revised cash flow projections to the extent approved by the Board of Directors of the Borrower.
ACCOUNTS AND FINANCIAL INFORMATION. 2001 FINANCIAL STATEMENT
4.1 The Vendor has attached to the Disclosure Letter, a true and complete copy of the audited combined balance sheet of the Wider SF Group as at 31 December 2001 and the notes thereto, audited by the Vendor's Accountants on 11 February 2002 and which is accompanied by the reports of the Vendor's Accountants thereon (WIDER SF GROUP being for these purposes the entities listed in Note 1 of that balance sheet and their subsidiaries and the specifically identified assets and liabilities identified in Note 1 of that balance sheet, which include, for the avoidance of doubt, the Companies) (the 2001 FINANCIAL STATEMENT).
4.2 The 2001 Financial Statement fairly presents, in all material respects, the financial position of the Wider SF Group at 31 December 2001, in conformity with accounting principles generally accepted in the United States.
(a) The 2001 Financial Statement has been prepared from the books and records of the Wider SF Group in accordance (or in conformity) with US GAAP.
(b) When US GAAP permits the application of alternative accounting principles, the method elected by the ABB Group, and applied consistently in the preparation of the ABB Group accounts, complies with US GAAP. SF GROUP COMPANY ACCOUNTS
4.4 The Vendor has attached to the Disclosure Letter, true and complete copies of the audited statutory accounts of each SF Group Company as at 31 December 1999, 31 December 2000 and 31 December 2001 (SF GROUP COMPANY ACCOUNTS). CONFORMED COPY
4.5 The SF Group Company Accounts of each SF Group Company have been prepared in accordance with the requirements of the laws applicable in and the generally accepted accounting principles of its jurisdiction of incorporation. In respect of each SF Group Company, there was no change in the accounting policies applied in preparing its SF Group Company Accounts during the period covered by them, save as disclosed in those SF Group Company Accounts or as otherwise required by law or by changes in the generally accepted accounting principles of its jurisdiction of incorporation.
4.6 The SF Group Company Accounts were filed with the relevant authorities on a timely basis. OTHER
4.7 As at 31 December 2001 the Wider SF Group and as at 31 March 2002 Xerox Noleggi S.p.A. had no indebtedness, obligations, or liabilities of any kind (whether accrued, actual, contingent, deferred or otherwise), that were then required to be accrued or disclosed by accounting principles generally accepted in the Unit...
ACCOUNTS AND FINANCIAL INFORMATION. (a) The Original Financial Statements.
(b) Evidence that each of the Project Accounts have been opened and that all necessary bank mandates and signature forms have been delivered to the relevant Account Bank.
(c) A certificate from a duly authorised signatory of the Borrower confirming details of the total Project Costs incurred.
(a) An updated copy of the Financial Model, confirming, inter alia:
(i) the Project Cost incurred and forecast to be incurred to achieve Final Acceptance; and
(ii) that there is no forecast Cost Overrun or shortfall in funding to achieve Final Acceptance by the earlier of (i) the Cancellation Date and (ii) 18 March 2015.
ACCOUNTS AND FINANCIAL INFORMATION. (a) The Original Financial Statements.
(b) Evidence that each of the Project Accounts have been opened and that all necessary bank mandates and signature forms have been delivered to the relevant Account Bank.
(c) A certificate from a duly authorised signatory of the Borrower confirming details of the total Project Costs incurred.
(a) An updated copy of the Financial Model, confirming, inter alia:
ACCOUNTS AND FINANCIAL INFORMATION. (i) The unaudited accounts of the Corporation (the “Accounts”) for the period to 31 December 2020 (the “Accounts Date”) and the consolidated management accounts of the Acquired Companies for the period from the Accounts Date to 31 January 2021 (the “Management Accounts”) give a true and fair view of the state of affairs of the Acquired Companies as at the end of each of the relevant financial periods and of the profit or loss and cashflow for such period and were prepared in accordance with applicable law and comply with the requirements of the UK Companies Xxx 0000 and general accepted accounting standards in the United Kingdom.
(ii) Neither the Corporation or any Subsidiary had at the Accounts Date any material liability (whether actual, deferred, contingent or disputed) or commitment which, in accordance with generally accepted accounting principles and practice (on the basis on which the Accounts have been prepared) should have been disclosed or provided for in the Accounts and which have not been so disclosed or provided for.
(iii) Proper provision or, as appropriate, disclosure in accordance with generally accepted accounting principles and practice (on the basis on which the Accounts have been prepared) has been made for any taxation payable by any Acquired Company.
(iv) Except as set out in Section 3.2(2)(iv) of the Disclosure Letter, or as set out in the Management Accounts since the Accounts Date:
a. the Acquired Companies have carried on business in the ordinary and usual course;
b. there has been no significant change, nor any development likely to give rise to a significant change, in the commercial or trading position or prospects of the Acquired Companies and no material depletion in the net assets of the Acquired Companies;
c. no Acquired Company has acquired or disposed of or agreed to acquire or dispose of any business, company or asset or assumed or acquired any material liability (including any contingent liability) other than in the ordinary and usual course of trading;
d. no Acquired Company has entered into any Contract or commitment of an unusual or onerous nature or which could involve an obligation of a material nature or magnitude;
e. no dividend or other distribution has been, or is treated as having been, declared, made or paid by the Corporation or any Subsidiary nor has it repaid any loan capital or other debenture;
f. no Acquired Company has incurred any liability for taxation of whatsoever nature otherwise than in the ordin...
