Affirmative Xxxxxxxxx.Xxxxxxxxx Information. (a) So long as a Party, or an entity that is controlled by, controls, or is under common control with the Party, holds two percent (2%) or more of the outstanding capital shares of the Company on an as-converted basis and in the case of the Investor only, so long as it holds at least twenty-five (25%) of the Series C Shares outstanding as at the date hereof, the Company will provide the following reports to each such Party: (i) As soon as practicable after the end of each fiscal year, and in any event within ninety (90) days thereafter, audited consolidated financial statements of the Company as of the end of such fiscal year prepared in reasonable detail, in accordance with generally accepted accounting principles in the United States (“U.S. GAAP”). (ii) As soon as practicable after the end of each month, and in any event no later than twenty (20) days thereafter, financial statements of the Company as of the end of each such month for such month and for the current fiscal year to date, prepared in reasonable detail in accordance with U.S. GAAP, with the exception that no notes need be attached to such statements. (b) The rights granted pursuant to this Section 8.1 may not be assigned or otherwise conveyed by the Parties or by any subsequent transferee of any such rights without the prior written consent of the Company except for transfers to (i) a shareholder, partner, retired partner, member, or beneficiary of such Party or subsequent transferee, (ii) any immediate family member, trust or beneficiary of the estate of such Party or subsequent transferee, (iii) any affiliated fund within the same fund management group as such Party, or (iv) an entity that is controlled by, controls, or is under common control with the Party. (c) The Company shall permit each Investor, at such Investor’s expense, to visit and inspect the Company’s properties, to examine its books of account and records and to discuss the Company’s affairs, finances and accounts with its officers, all at such reasonable times as may be requested by the Investor.
Appears in 2 contracts
Samples: Shareholders Agreement (Home Inns & Hotels Management Inc.), Shareholders Agreement (Home Inns & Hotels Management Inc.)
Affirmative Xxxxxxxxx.Xxxxxxxxx Information. (a) So long as a Party, or an entity that is controlled by, controls, or is under common control with the Party, holds two percent (2%) or more of the outstanding capital shares of the Company on an as-converted basis and in the case of the Investor only, so long as it holds at least twenty-five (25%) of the Series C Shares outstanding as at the date hereofbasis, the Company will provide the following reports to each such Party:
(i) As soon as practicable after the end of each fiscal year, and in any event within ninety (90) days thereafter, audited consolidated financial statements of Home Inns Hotel Management (Beijing) Limited (the Company “China Sub”) as of the end of such fiscal year prepared in reasonable detail, in accordance with generally accepted accounting principles in the United States China (“U.S. China GAAP”), and audited by an internationally recognized public accountant.
(ii) As soon as practicable after the end of each month, and in any event no later than twenty (20) days thereafter, financial statements a balance sheet of the Company China Sub as of the end of each such month month, and statements of income and cash flows of the China Sub for such month and for the current fiscal year to date, prepared in reasonable detail in accordance with U.S. China GAAP, with the exception that no notes need be attached to such statements.
(b) The rights granted pursuant to this Section 8.1 may not be assigned or otherwise conveyed by the Parties or by any subsequent transferee of any such rights without the prior written consent of the Company except for transfers to (i) a shareholder, partner, retired partner, member, or beneficiary of such Party or subsequent transferee, (ii) any immediate family member, trust or beneficiary of the estate of such Party or subsequent transferee, (iii) any affiliated fund within the same fund management group as such Party, or (iv) an entity that is controlled by, controls, or is under common control with the Party.
(c) The Company shall permit each Investor, at such Investor’s expense, to visit and inspect the Company’s properties, to examine its books of account and records and to discuss the Company’s affairs, finances and accounts with its officers, all at such reasonable times as may be requested by the Investor.
Appears in 2 contracts
Samples: Series B Preference Shares Purchase Agreement (Home Inns & Hotels Management Inc.), Series B Preference Shares Purchase Agreement (Home Inns & Hotels Management Inc.)
Affirmative Xxxxxxxxx.Xxxxxxxxx Information. (a) So long as a Party, or an entity that is controlled by, controls, or is under common control with the Party, holds two percent (2%) or more of the outstanding capital shares of the Company on an as-converted basis and in the case of the Investor only, so long as it holds at least twenty-five (25%) of the Series C Shares outstanding as at the date hereofClosing, the Company will provide the following reports to each such Party:
(i) As soon as practicable after the end of each fiscal year, and in any event within ninety (90) days thereafter, audited consolidated financial statements of the Company as of the end of such fiscal year prepared in reasonable detail, in accordance with generally accepted accounting principles in the United States Hong Kong (“U.S. Hong Kong GAAP”) and the audited consolidated financial statements of (Home Inns Hotel Management (Beijing) Limited) (the “Beijing Sub”) as of the end of their fiscal years prepared in reasonable detail, in accordance with generally accepted accounting principles in China (“China GAAP”).
(ii) As soon as practicable after the end of each month, and in any event no later than twenty (20) days thereafter, financial statements of the Company and consolidated financial statements of the Beijing Sub as of the end of each such month for such month and for the current fiscal year to date, prepared in reasonable detail in accordance with U.S. Hong Kong GAAP or China GAAP, respectively, with the exception that no notes need be attached to such statements.
(b) The rights granted pursuant to this Section 8.1 may not be assigned or otherwise conveyed by the Parties or by any subsequent transferee of any such rights without the prior written consent of the Company except for transfers to (i) a shareholder, partner, retired partner, member, or beneficiary of such Party or subsequent transferee, (ii) any immediate family member, trust or beneficiary of the estate of such Party or subsequent transferee, (iii) any affiliated fund within the same fund management group as such Party, or (iv) an entity that is controlled by, controls, or is under common control with the Party.
(c) The Company shall permit each Investor, at such Investor’s expense, to visit and inspect the Company’s properties, to examine its books of account and records and to discuss the Company’s affairs, finances and accounts with its officers, all at such reasonable times as may be requested by the Investor.
Appears in 2 contracts
Samples: Series C Preference Shares Purchase Agreement (Home Inns & Hotels Management Inc.), Series C Preference Shares Purchase Agreement (Home Inns & Hotels Management Inc.)