Basis of Presentation (continued) Sample Clauses

Basis of Presentation (continued) other obligations. The Company believes that based on the availability under the senior secured revolving credit facility (Note 6) the effects of the debt amendments (Note 19), the additional member (debt or equity) contribution in 2008 (Note 19) and anticipated cash flow from operations, the Company will be able to maintain its debt compliance, make required principal and interest payments on debt and fund its working capital and capital expenditure requirements through January 1, 2009.
AutoNDA by SimpleDocs
Basis of Presentation (continued). The misappropriation had a material effect on the Company’s current and previously issued financial statements. As a result, the Company restated its 2006 financial statements in accordance with Financial Accounting Standard No. 154, Accounting Changes and Error Corrections. The amount of the loss attributable to 2006 is $3,261,132 and is shown separately on the consolidated statement of operations. The previously issued 2006 financial statements have also been restated for the effects of the correction of other errors. These other adjustments relate primarily to the Company’s review of the underlying asset and liability accounts examined in connection with its investigation of the misappropriation. A prior period adjustment to retained earnings of $1,626,012, net of tax, was also made to account for the misappropriation losses and other accounting errors that were incurred prior to January 1, 2006. No amounts that may be recoverable have been recorded as a receivable as of December 31, 2006 or 2007. The following line items have accordingly been adjusted for the year ended December 31, 2006: Net sales $ 106,778,136 — $ (354,636 ) $ 106,423,500 Cost of sales 40,067,698 — (97,082 ) 39,970,616 Pre-publication, publishing rights and developed technology amortization 11,370,463 $ (30,660 ) (4,532 ) 11,335,271 Total cost of sales 51,438,161 (30,660 ) (101,614 ) 51,305,887 Selling and administrative 45,810,829 (55,000 ) (119,480 ) 45,636,349 Other intangible asset amortization 1,013,098 — — 1,013,098 Tradename and intangible asset impairment charge — — — — Acquired in-process research and development — — — — Embezzlement expense — 3,261,132 — 3,261,132 Total cost and expenses 98,262,088 3,175,472 (221,094 ) 101,216,466 Income (loss) from operations 8,516,048 (3,175,472 ) (133,542 ) 5,207,034 Interest and other expenses (1,308,055 ) — (56,062 ) (1,364,117 ) Income (loss) from operations before taxes 7,207,993 (3,175,472 ) (189,604 ) 3,842,917 Income tax provision (benefit) 3,045,551 437,803 (80,112 ) 3,403,242 Net income (loss) $ 4,162,442 $ (3,613,275 ) $ (109,492 ) $ 439,675 1. Basis of Presentation (continued) Balance Sheet Items Assets Liabilities and stockholders’ equity 1. Basis of Presentation (continued) Cash Flow Statement Operating activities Investing activities Financing activities
Basis of Presentation (continued). Reclassifications

Related to Basis of Presentation (continued)

  • Basis of Presentation In May 2020, the SEC adopted Release No. 33-10786 “Amendments to Financial Disclosures about Acquired and Disposed Businesses” (the “Final Rule”), which was effective on January 1, 2021. The pro forma financial statements and related notes are presented in accordance with the Final Rule. AAR has elected to present management’s adjustments in addition to transaction accounting adjustments in the pro forma financial statements. Transaction accounting adjustments are included in the preceding pro forma condensed combined financial information tables, while management’s adjustments are included only in note 5 within these notes to unaudited pro forma combined financial information Adjustments included in the “transaction accounting adjustments” column in the pro forma financial statements depict the accounting for the transaction required by GAAP. Transaction accounting adjustments reflect the application of required accounting principles to the transaction, applying the effects of the transaction to AAR’s historical financial information. Certain of the Product Support Business’s historical amounts have been reclassified to conform to AAR’s financial statement presentation, as discussed further in Note 3. The pro forma financial statements should be read in conjunction with (1) our unaudited consolidated financial statements and accompanying notes included in our Quarterly Report on Form 10-Q for the six months ended November 30, 2023 filed with the SEC on December 21 2023; (2) our audited consolidated financial statements and accompanying notes in our Annual Report on Form 10-K for the year ended May 31, 2023 as filed with the SEC on July 18, 2023; and (3) the Product Support Business’s historical audited combined financial statements as of and for the year ended March 31, 2023 and historical unaudited combined financial statements as of and for the nine months ended December 31, 2023 and accompanying notes, which are incorporated by reference as Exhibit 99.2 and Exhibit 99.4, respectively, to this Current Report on Form 8-K. In accordance with Accounting Standards Codification (“ASC”) 805, Business Combinations, the transaction will be accounted for using the acquisition method of accounting with AAR as the acquirer and the Product Support Business as the acquiree. Certain valuations and assessments, including valuations of property and equipment, identifiable intangible assets, assumed liabilities, and the associated income tax impacts are still in process. The estimated fair values used in the accompanying pro forma financial statements are preliminary and represent our current best estimate of fair value as of the date of filing but are subject to revision as valuations and assumptions are finalized. Changes in the fair values of the assets and liabilities between the preliminary estimates and final purchase accounting could have a material impact on the accompanying pro forma financial statements. In addition, the notes herein contain certain assumptions that could have a material impact on the accompanying pro forma financial statements.

  • Regulatory Good Standing Certification - Explanation - Continued If Vendor responded to the prior attribute that "No", Vendor is not in good standing, Vendor must provide an explanation of that lack of good standing here for TIPS consideration.

  • Conflict of Interest Questionnaire Requirement - Form CIQ - Continued If you responded "No, Vendor does not certify - VENDOR HAS CONFLICT" to the Conflict of Interest Questionnaire question above, you are required by law to fully execute and upload the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." If you accurately claimed no conflict above, you may disregard the form attachment entitled "Conflict of Interest Questionnaire - Form CIQ." Have you uploaded this form if applicable? Not Applicable

  • Investigation of Financial Condition Without in any manner reducing or otherwise mitigating the representations contained herein, Company shall have the opportunity to meet with Buyer's accountants and attorneys to discuss the financial condition of Buyer. Buyer shall make available to Company all books and records of Buyer.

  • Notice of Conversion/Continuation a Notice of Conversion/Continuation to be provided by Borrower Agent to request a conversion or continuation of any Loans as LIBOR Loans, in form satisfactory to Agent.

  • Financial Condition of Borrower Any Credit Extensions may be made to Borrower or continued from time to time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrower at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrower. Each Guarantor has adequate means to obtain information from Borrower on a continuing basis concerning the financial condition of Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrower now known or hereafter known by any Beneficiary.

  • Determination to Honor Drawing Request In determining whether to honor any request for drawing under any Letter of Credit by the beneficiary thereof, Agent shall be responsible only to determine that the documents and certificates required to be delivered under such Letter of Credit have been delivered and that they comply on their face with the requirements of such Letter of Credit and that any other drawing condition appearing on the face of such Letter of Credit has been satisfied in the manner so set forth.

  • Certificate and Opinion as to Conditions Precedent Upon any request or application by the Company to the Trustee to take any action under this Indenture, the Company shall furnish to the Trustee: (a) an Officers’ Certificate stating that, in the opinion of the signers, all conditions precedent, if any, provided for in this Indenture relating to the proposed action have been complied with; and (b) an Opinion of Counsel stating that, in the opinion of such counsel, all such conditions precedent have been complied with.

  • Alternative basis of interest or funding (a) If a Market Disruption Event occurs and the Agent or the Company so requires, the Agent and the Company shall enter into negotiations (for a period of not more than thirty days) with a view to agreeing a substitute basis for determining the rate of interest. (b) Any alternative basis agreed pursuant to paragraph (a) above shall, with the prior consent of all the Lenders and the Company, be binding on all Parties.

  • Allocation of Premiums Premiums due and payable under the Bond (as defined in the Agreement) shall be paid 90% by AXA Enterprise Multimanager Funds Trust and the Trust and 10% by the Manager or its affiliates. Except as modified and amended hereby, the Agreement is hereby ratified and confirmed in full force and effect in accordance with its terms.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!