Books and Records; Bank Accounts. (a) The Board shall keep or cause to be kept complete and accurate books of account and records with respect to the Company’s business. The books of the Company shall at all times be maintained by the Board. The Member and its duly authorized representatives shall have the right to examine the Company books, records and documents during normal business hours. The Company’s books of account shall be kept using the method of accounting determined by the Member. The Company’s independent auditor shall be an independent public accounting firm selected by the Member.
(b) The Member may authorize any Manager or Officer to open and maintain one or more bank accounts; rent safety deposit boxes or vaults; sign checks, written directions, or other instruments to withdraw all or any part of the funds belonging to the Company and on deposit in any savings account or checking account; negotiate and purchase certificates of deposit, obtain access to the Company safety deposit box or boxes, and generally sign such forms on behalf of the Company as may be required to conduct the banking activities of the Company.
Books and Records; Bank Accounts. Section 8.1 Access to Books and Records........................................................ 11 Section 8.2
Books and Records; Bank Accounts. All of the books of account and other financial and corporate records of the Company and the Subsidiaries have been made available to the Purchaser and its representatives (or will be so made available prior to the Closing Date). Such books of account and records are current and complete in all material respects. All such books and records are consistent with the financial statements set forth in SCHEDULE 3.12 hereto.
Books and Records; Bank Accounts. Company Procedures. 45 Section 8.3 Information and Access Rights. 46 Section 8.4 Reports. 47 Section 8.5 Permitted Investments. 48 Section 8.6 Tax Elections. 48 Section 8.7 Partnership Representative and Company Tax Filings. 49 Section 8.8 Financial Accounting. 51
Books and Records; Bank Accounts. The books and records of the Company accurately reflect in all material respects the assets, liabilities, business, financial condition and results of operations of the Company and have been maintained in accordance with good business and bookkeeping practices. Section 2.30 of the Company Disclosure Schedule contains a list of all bank accounts and safe deposit boxes of the Company and the Subsidiaries and the names of persons having signature authority with respect thereto or access thereto. Neither the Company nor any of its members or managers has taken any actions at any meetings of the Company’s members, managers or any committee thereof, or via written consent in lieu of the holding of any such meetings, that has not been properly reflected in the books and records of the Company and delivered to Xxxx.xxx. Any actions that would have required the approval of the members or managers of the Company under the Formation Documents or applicable Law were properly approved prior to the taking of such actions.
Books and Records; Bank Accounts. (a) The Manager shall cause the LLC to keep just and true books of account with respect to the operations of the LLC. Such books shall be maintained at the principal place of business of the LLC, or at such other place as the Manager shall determine, and all Members, and their duly authorized representatives, shall at all reasonable times have access to such books.
(b) Such books shall be closed and balanced as of December 31 in each year. The same method of accounting shall be used for both LLC accounting and tax purposes. The fiscal year of the LLC shall be the calendar year.
Books and Records; Bank Accounts. (a) The books and records of each of DBL and the Controlled Partnerships are complete and correct in all material respects, and the books and records of each of DBL and the Controlled Partnerships contain accurate and complete records of all material actions taken by them since the date Seller acquired the DBL Shares.
(b) Seller has provided accurate lists of all of the bank and brokerage accounts of each of DBL and the Controlled Partnerships and the authorized signatories for such accounts.
Books and Records; Bank Accounts. All of the books of account of the Business and other financial and corporate records relating to the Business have been made available to the Purchaser and its representatives. Such books of account and records are complete in all material respects. All such books and records are consistent with the Financial Statements listed on SCHEDULE 3.12 hereto.
Books and Records; Bank Accounts. (a) The Managers shall cause the Company to keep just and true books of account with respect to the operations of the Company. Such books shall be maintained at the principal place of business of the Company, or at such other place as the Managers shall determine, and all Members and Managers, and their duly authorized representatives, shall at all reasonable times have access to such books. Within seventy-five (75) days after the end of each fiscal year of the Company, each Member (who was a Member at any time during the fiscal year then ended) shall be furnished with financial statements which shall contain a balance sheet as of the end of the fiscal year and statements of income and cash flows for such fiscal year. In addition, within seventy-five (75) days after the end of each taxable year of the Company, each person who was a non-Member Interest Holder (at any time during the fiscal year then ended) shall be furnished with that tax information concerning the Company which is necessary for preparing such Interest Holder’s income tax returns for that year. Any Member may, at any time, at his, her, or its own expense, cause an audit or review of the Company books to be made by a certified public accountant of his, her or its own selection.
(b) Such books shall be kept on the cash basis method of accounting, or on such other method of accounting as all Managers may from time to time determine, and shall be closed and balanced as of December 31 in each year. The same method of accounting shall be used for both Company accounting and tax purposes. The fiscal year of the Company shall be the calendar year.
(c) All Managers shall cause the Company to maintain one or more accounts in a bank (or banks) which is a member of the F.D.I.C. or has some other form of insurance, which accounts shall be used for the payment of the expenditures incurred by the Managers in connection with the business of the Company, and in which shall be deposited any and all cash receipts. All such amounts shall be and remain the property of the Company, and shall be received, held, and disbursed by the Managers for the purposes specified in this Agreement.
(d) Mxxxxxx X. Xxxxx shall be the “tax matters partner” of the Company for purposes of the Code.
Books and Records; Bank Accounts. All contract, land, title, engineering, environmental, operating, accounting, business, marketing, and other data, files, documents, instruments, notes, correspondence, papers, ledgers, journals, reports, abstracts, surveys, maps, books, records, and studies which relate to the Assets or which are used or held for use in connection with, the ownership, operation, use or maintenance of the other Assets (collectively, the “Records”) and, subject to Section 2.3, the Bank Accounts of the Entities and associated cash balances; and
