Accounts and Information. Manager shall keep and maintain complete, ------------------------ legible, reproducible, accurate records of its operations on and management of the Land, including without limitation, accounting records maintained in accordance with generally accepted accounting principles as applied to the agricultural industry (subject to the written instruction of Owner to follow other procedures), sufficient records to enable Owner to comply with all applicable requirements of taxing authorities, records required by the Fair Labor Standards Act or any law applicable to farm labor employers or housing providers and employers in general, including without limit, requirements of the Occupational Health and Safety Act and the Immigration Reform and Control Act of 1986 and all records required by federal, state or local statute or ordinance pertaining to the use, storage, mixing, application, handling, transportation or disposal of motor fuels or lubricants, agricultural chemicals, fertilizers, herbicides, pesticides or other toxic or hazardous materials. Owner shall have the right at anytime during the term hereof to review and copy any or all of the records information maintained, created or retained by Manager under this Paragraph 3 upon three (3) business day's notice, with any inspection to be performed during normal business hours and at the sole cost and expense of Owner. At the conclusion of the term hereof, Manager shall provide Owner with copies of all such records or otherwise assure Owner to its satisfaction that such records and information will be maintained and available to Owner for any period of time required by Law.
Accounts and Information. Omega and the Broker agree to provide accounting and other information to APIC in the form and in the manner that may be reasonably required by APIC from time to time. Omega and the Broker shall keep, in such forms as may be agreed from time to time with APIC, books, records, underwriting statistics and accounts of all transactions under this Agreement. APIC may, subject to any confidentiality obligations, at any reasonable time and on reasonable notice appoint its officers, employees, agents, or auditors to inspect, examine and verify at the offices of Omega and the Broker (and to take copies of such books and records) all such accounts, records, books, vouchers, correspondence and papers relating to any of the functions performed by the relevant party under this Agreement insofar as they relate to the Program and the affairs of APIC, including the application of any money belonging to APIC paid or received by the relevant party pursuant to this Agreement; and Omega and the Broker shall whenever reasonably required at any time during normal business hours give such officers, employees, servants or agents of APIC access to its offices for such purposes. APIC undertakes to agree to supply, to the extent permissible under any applicable law or regulatory requirements, such information as Omega or the Broker shall reasonably request from time to time in order to facilitate the management of the Business.
Accounts and Information. The Borrower undertakes with each of the Finance Parties that, from the Signing Date until all its liabilities and obligations under the Financing Documents have been permanently and unconditionally discharged:
(a) Preparation of accounts: it will prepare the financial statements referred to in paragraph (b) (Information) below on a basis consistently applied in accordance with the Accounting Principles and those financial statements shall give a true and fair view of the results of its operations for the period in question and the state of its affairs as at the date to which the financial statements are made up;
(b) Information: it will deliver to the Facility Agent in sufficient numbers for each of the Lenders:
(i) as soon as they become available (and in any event within 60 (sixty) days of the end of each of its financial periods) copies of its consolidated annual (audited) financial statements for that period which shall contain an income statement, a balance sheet and a cash flow statement and be audited and certified by a firm of independent accountants of recognised international standing;
(ii) as soon as they become available (and in any event within 45 (forty five) days of the end of each of its first three quarters of each of its financial periods) copies of its consolidated quarterly (unaudited) financial statements for that quarter which shall contain an income statement, a balance sheet and a cash flow statement;
(iii) with each set of financial statements delivered under paragraphs (i) and (ii) above, a certificate of the Borrower setting out in reasonable detail computations establishing compliance with clause 24.4 (Financial Covenants) in form and content satisfactory to the Facility Agent;
(iv) promptly, all notices or other documents despatched by the Borrower to its shareholders (or any class thereof), the holders of any debt securities or its creditors generally, provided that such notices or documents contain information which, if disclosed to the Lenders, may render the Lenders to determine that the Obligor's ability to observe or perform its obligations under the Financing Documents would be materially and adversely affected; and
(v) promptly, such additional financial or other information as the Facility Agent may from time to time reasonably request;
(c) Details of bank accounts: on the last Business Day of March of each calendar year, it will deliver to the Facility Agent a letter signed by its authorised persons setting out detai...
Accounts and Information. The Operator must:
(1) in accordance with the Accounting Procedure or where the Accounting Procedure is not applicable, in accordance with applicable generally accepted accounting practice in the mining industry, keep and maintain such books of account and accounting records in relation to the Joint Venture as would normally be kept by an Operator under the same or similar circumstances;
(2) at the request, made at any time and from time to time, and at the expense of a Participant the Operator must allow the books of account and accounting records (whether embodied in tangible or electronic form) referred to in clause 7.16(1) to be audited by an auditor (which may be the auditor of the Participant concerned) nominated by that Participant;
(3) prepare, have audited by its auditor and deliver to the Participants a set of accounts (together with the auditor’s report on those accounts) for the Joint Venture:
(a) in respect of each Financial Year; and
(b) at the direction of a Participant, in respect of a financial year of a Participant if that financial year comprises a period different to the Financial Year, and all costs incurred in the Operator complying with this clause 7.16(3) will be Joint Venture Expenditure; and
(4) make all technical information (including all samples and drill cores and assay results), data, statistics and reports and insurance policies (whether embodied in tangible or electronic form) available at all reasonable times for inspection by the Participants and must promptly furnish copies of those documents to a Participant requesting the same, at that Participant’s expense. Except as provided in clause 7.16(4), all costs and expenses incurred by the Operator in complying with this clause 7.16 will be Joint Venture Expenditure whether or not included in an Approved Budget.
Accounts and Information. 8.1 Each Agent agrees to provide accounting and other information to Munich Re, National Indemnity or Converium in the form and in the manner that may be reasonably required by Munich Re, National Indemnity or Converium from time to time by giving notice as provided for in Clause 22.
8.2 Each of the Agents shall keep, in such forms as may be agreed from time to time with (a) Munich Re and Converium in relation to Relevant Risks for which Munich Re or a member of its Group provides Fronting Insurance Contracts or (b) National Indemnity and Converium in relation to Relevant Risks for which National Indemnity or a member of its Group provides Fronting Insurance Contracts, books, records, underwriting statistics and accounts of all transactions under this Agreement.
8.3 Munich Re, National Indemnity or Converium may, subject to any confidentiality obligations of either Agent, at all reasonable times and on reasonable notice appoint its officers, employees agents, or auditors to inspect, examine and verify at the offices of either Agent (and to take copies of such books and records) all such accounts, records, books, vouchers, correspondence and papers relating to any of the functions performed by the relevant Agent under this Agreement insofar as they relate to the affairs of Munich Re or the members of its Group set out in Part I of Schedule 2 or National Indemnity or the members of its Group set out in Part I of Schedule 3 or Converium or a member of its Group respectively, including without limitation the application of any money belonging to them paid or received by the relevant Agent and the operation of bank accounts of such persons by the relevant Agent pursuant to this Agreement, and each of the Agents shall whenever reasonably required at any time during normal business hours give such officers, employees, servants or agents access to its offices for such purposes.
8.4 Each of National Indemnity and Munich Re undertakes to agree to supply, to the extent permissible under any applicable law or regulatory requirements, such information as either Agent shall reasonably request from time to time in order to facilitate the management of the Business or the arrangements referred to in Clause 2A (but shall not be obliged to provide any information relating to any business of each of National Indemnity and Munich Re or any member of its Group to the extent it does not relate to the Business or the arrangements referred to in Clause 2A).
Accounts and Information. Each Borrower undertakes with each of the Lenders, the Agent and the Security Trustee that, from the date of this Agreement until all its liabilities under the Financing Documents have been discharged:
Accounts and Information. The Operator must: (a) in accordance with applicable generally accepted accounting practice in the mining industry, keep and maintain such books of account and accounting records in relation to the Partnership as would normally be kept by an Operator under the same or similar circumstances; (b) at the request and at the expense of a Partner which may not be made more than once in any Fiscal Year, the Operator must allow the books of account and accounting records (whether embodied in tangible or electronic form) referred to in Section 5.15(a) to be audited by an auditor (which may be the auditor of the Partner concerned) nominated by that Partner provided that, to the greatest extent possible, such audit must be conducted in conjunction with the Partnership’s annual audit; Except as provided in Section 5.15(d), all costs and expenses incurred by the Operator in complying with this Section 5.15 will be Expenditures whether or not included in an Approved Program and Budget.
Accounts and Information it will:- ------------------------
(i) deliver to the Hedging Counterparty as soon as they become available, but in any event within one hundred and eighty (180) days after the end of each of its financial periods (which shall not be longer than fifteen (15) months), copies of its financial statements for that period, which shall contain an income statement and a balance sheet, be prepared on a basis consistently applied, be audited and certified by a firm of independent accountants of recognised international standing and if qualified, such qualification shall not be in a manner which is, in the opinion of the Hedging Counterparty, material in the context of this Guarantee, together with the auditor's report;
(ii) deliver to the Hedging Counterparty as soon as they become available, but in any event within ninety (90) days after the end of its financial period to which they relate, copies of its unaudited half-yearly financial statements;
(iii) deliver to the Hedging Counterparty all notices or other documents dispatched by it to its shareholders (or any class thereof) or its creditors generally (or any class thereof); and
(iv) promptly supply the Hedging Counterparty with such information (except that of a proprietary nature) as the Hedging Counterparty may from time to time reasonably request;
Accounts and Information. Provide information necessary for Owner to maintain segregated accounts for its fixed asset records, such information to be provided in a format specified by Owner in a Notice to Contractor within ninety (90) days after execution of this Contract. Such information shall be sufficient to permit such segregation to include separate accounting for expenditures with respect to buildings, land improvements, engineering and project management, major equipment and systems, permit and license costs and fees paid by Contractor and attributable to the Work and to be paid by Contractor.
Accounts and Information. Omega and the Broker agree to provide accounting and other information to WYNDHAM in the form and in the manner that may be reasonably required by WYNDHAM from time to time. Omega and the Broker shall keep, in such forms as may be agreed from time to time with WYNDHAM, books, records, underwriting statistics and accounts of all transactions under this Agreement. WYNDHAM may, subject to any confidentiality obligations, at any reasonable time and on reasonable notice appoint its officers, employees, agents, and/or auditors to inspect, examine and verify at the offices of Omega and the Broker (and to take copies of such books and records) all such accounts, records, books, vouchers, correspondence and papers relating to any of the functions performed by the relevant party under this Agreement insofar as they relate to the Program and the affairs of WYNDHAM, including the application of any money belonging to WYNDHAM paid or received by the relevant party pursuant to this Agreement; and Omega shall whenever reasonably required at any time during normal business hours give such officers, employees, servants or agents of WYNDHAM access to its and/or Broker’s offices for such purposes. WYNDHAM undertakes to agree to supply, to the extent permissible under any applicable law or regulatory requirements, such information as Omega or the Broker shall reasonably request from time to time in order to facilitate the management of the Business.
