Common use of Annual and Quarterly Reports Clause in Contracts

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. 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 ___________, 2002of five years after the Closing Date, 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 National Association of Securities Dealers, Inc. ("NASD"). During the period through and including ___________, 2002such five year period, 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. 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 ___________November 29, 20021999, 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 National Association of Securities Dealers, Inc. ("NASD"). During the period through and including ___________November 29, 20021999, 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. The Company and the Trust ---------------------------- will furnish to its securityholderssecurity holders, 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 ___________June 30, 20022006, the Company will furnish to youthe Selling Agent: (i) concurrently with the date on which the same shall be sent to the securityholders security holders of the CompanyCompany and the Trust, if applicable, and in any event not later than sixty (60) days after the end of each fiscal quarter of the CompanyCompany and the Trust, statements of operations of the Company and the Trust for each of the first three quarters in the form furnished to the Company's securityholdersand the Trust's security holders; (ii) concurrently with the date on which the same shall be sent to the securityholders security holders of the CompanyCompany and the Trust, if applicable, and in any event not later than one hundred twenty (120) days after the end of each fiscal year of the CompanyCompany and the Trust, a balance sheet of the Company and the Trust as of the end of such fiscal year, together with statements of operations, of cash flows, and of securityholderssecurity holders' equity of the Company and the Trust 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 securityholderssecurity holders; 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 ___________June 30, 20022006, the foregoing financial statements shall be made on a consolidated basis to the extent that the accounts of the Company are consolidated with any subsidiariesthe Trust, and shall be accompanied by similar financial statements for any significant subsidiary the Trust that is not so consolidated.