Annual and Quarterly Reports. The BRI Partnership has delivered to the Transferor Partnership true and complete copies of the Annual Report on Form 10-K (and those portions of the Annual Report to Stockholders which are incorporated by reference therein) of the general partner of the BRI Partnership for the fiscal year ended December 31, 1996, as filed with the Securities and Exchange Commission, and all Quarterly Reports on Form 10-Q and Current Reports on Form 8-K filed by the general partner of the Partnership with the Securities and Exchange Commission since December 31, 1996 (the "SEC Filings"). The financial statements of the general partner of the BRI Partnership included or incorporated by reference in the SEC Filings and the PPM have been prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present in all material respects the consolidated assets, liabilities and financial position of the general partner of the BRI Partnership as of the dates thereof and the consolidated results of its operations and changes in cash flow for the periods then ended (subject, in the case of any unaudited interim financial statements, to normal year end adjustments).
Annual and Quarterly Reports. (a) The Board of Directors shall within 45 days after the end of the first three Fiscal Quarters and within 90 days after the close of a Fiscal Year, deliver or mail to the Members, the quarterly and annual, respectively, financial statements of the Company.
(b) The income statements and balance sheets referred to in this Section 14.3 shall be accompanied by the report thereon, if any, of any independent accountants engaged by the Company or the certificate of an authorized officer of the Company that such financial statements were prepared without audit from the books and records of the Company.
(c) The annual financial statements of the Company shall be audited by independent accountants, and independent accountants shall participate in the preparation of quarterly financial statements of the Company, in each case consistent with the rules of the Securities and Exchange Commission relating to annual and quarterly financial statements of publicly-traded companies.
Annual and Quarterly Reports. The Company will furnish to its securityholders, as soon as practicable after the end of each respective period, annual reports (including financial statements audited by independent public accountants) and unaudited quarterly reports of operations for each of the first three quarters of the fiscal year. For a period through and including ___________, 2002, the Company will furnish to you: (i) concurrently with the date on which the same shall be sent to the securityholders of the Company, if applicable, and in any event not later than sixty (60) days after the end of each fiscal quarter of the Company, statements of operations of the Company for each of the first three quarters in the form furnished to the Company's securityholders; (ii) concurrently with the date on which the same shall be sent to the securityholders of the Company, if applicable, and in any event not later than one hundred twenty (120) days after the end of each fiscal year of the Company, a balance sheet of the Company as of the end of such fiscal year, together with statements of operations, of cash flows, and of securityholders' equity of the Company for such fiscal year, accompanied by a copy of the certificate or report thereon of independent public accountants; (iii) as soon as they are available, copies of all reports (financial or otherwise) mailed to securityholders; and (iv) as soon as they are available, copies of all reports and financial statements furnished to or filed with the Commission, any securities exchange, or the NASD. During the period through and including ___________, 2002, the foregoing financial statements shall be made on a consolidated basis to the extent that the accounts of the Company are consolidated with any subsidiaries, and shall be accompanied by similar financial statements for any significant subsidiary that is not so consolidated.
Annual and Quarterly Reports. BRI has delivered to the Stockholders true and complete copies of the Annual Report on Form 10-K (and those portions of the Annual Report to Stockholders which are incorporated by reference therein) of BRI for the fiscal year ended December 31, 1996, as filed with the Securities and Exchange Commission, and all Quarterly Reports on Form 10-Q and Current Reports on Form 8-K filed by BRI with the Securities and Exchange Commission since December 31, 1996 (the "SEC Filings"). The financial statements of BRI included or incorporated by reference in the SEC Filings and the PPM have been prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present in all material respects the consolidated assets, liabilities and financial position of BRI as of the dates thereof and the consolidated results of its operations and changes in cash flow for the periods then ended (subject, in the case of any unaudited interim financial statements, to normal year ended adjustments).
Annual and Quarterly Reports. The Company shall furnish to its stockholders, as soon as practicable after the end of each fiscal year, an annual report (including a balance sheet and statements of income, stockholders’ equity and cash flows of the Company and its consolidated subsidiaries certified by an independent registered public accounting firm selected by the Company) and, as soon as practicable after the end of each of the first three quarters of each fiscal year (beginning with the fiscal quarter ending after the effective date of the Registration Statement), make available to its stockholders consolidated summary financial information of the Company and its subsidiaries for such quarter in reasonable detail; to file with the Commission such information on Form 10-K or Form 10-Q as may be required by Rule 463 under the Act (it being understood that the Company will not be required to furnish or make available such consolidated financial information until after it has filed the same with the Commission).
Annual and Quarterly Reports. Notwithstanding that the Issuers may not be subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, each of the Issuers shall provide the Trustee and Securityholders within 15 days after it would have been required to file them with the SEC, annual and quarterly reports containing the Issuers’ most recent financial statements and schedules and related notes thereto, together with management’s discussion and analysis, all of which meet the requirements of the applicable items in Form 10-K, in the case of annual reports, and Form 10-Q, in the case of quarterly reports. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates). The Issuers also shall comply with the other provisions of TIA Section 314(a).
Annual and Quarterly Reports. For a period of five years after the Final Closing, furnish to its shareholders each year annual audited consolidated financial statements with respect to the Company, including balance sheets and income statements and furnish to its shareholders each calendar quarter unaudited summary financial information.
Annual and Quarterly Reports. (a) Within [***] following the end of each Calendar Quarter during the Research Program Term, or as part of the Committee meeting, the Parties shall provide to each other a written progress report in English which shall describe the work performed to date on the Work Plan, evaluate the work performed in relation to the goals of the Research Program and provide such other information as may be required by the Work Plan relating to the progress of the goals or performance of the Research Program.
(b) To the extent MSD exercises a License Option, if at all, until the First Commercial Sale of such Licensed Product, MSD shall provide an annual summary written progress report in English which shall describe the work performed to date under the Agreement. All subsequent reports following the initial report, shall summarize the activities conducted since the last report. For clarity, all such reports shall be considered the Confidential Information of MSD. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
Annual and Quarterly Reports. Furnish to any Preferred Holder so long as such Preferred Holder owns any Registrable Securities forthwith upon request a written statement by the Company that it has complied with the reporting requirements of said Commission Rule 144 (at any time after the 90 days after the effective date of said first registration statement filed by the Company), and of the Securities Act and the Exchange Act (at any time after it has become subject to such reporting requirements), a copy of the most recent annual or quarterly report of the Company, and such other reports and documents so filed by the Company as may be reasonably requested in availing any Preferred Holder of any rule or regulation of the Commission permitting the selling of any such securities without registration.
Annual and Quarterly Reports. (i) At the time of delivery of the financial statements provided for in Section 7.1(a) above, a company-prepared report containing information as to brand sales and advertising cost analysis and variable contribution margins for the fiscal year of the Borrower most recently ending and (ii) at the time of delivery of the financial statements provided for in Section 7.1(b) above, a company-prepared report containing information with respect to the status of on-going litigation of the Borrower and its Subsidiaries, including, without limitation, judgments and settlements during such fiscal quarter.
