Buyer Financial Information. If requested by Seller, Buyer shall deliver to Seller (a) within one hundred twenty (120) days after the end of each fiscal year with respect to Buyer, a copy of Buyer’s annual report containing audited consolidated financial statements for such fiscal year, if available, and (b) within sixty (60) days after the end of each of Buyer’s first three fiscal quarters of each fiscal year, a copy of Buyer’s quarterly report containing unaudited consolidated financial statements for each accounting period, if available, prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval system; provided however, that should such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default, so long as such statements are provided to Seller upon their completion and filing with the SEC.
Appears in 35 contracts
Samples: Guaranty Agreement, Guaranty Agreement, Consent and Agreement
Buyer Financial Information. If requested by Seller, Buyer shall deliver to Seller (a) within one hundred twenty (120) days after the end of each fiscal year with respect to Buyer, a copy of BuyerBuyers’s annual report containing audited consolidated financial statements for such fiscal year, if available, year and (b) within sixty (60) days after the end of each of Buyer’s first three fiscal quarters of each fiscal year, a copy of BuyerBuyers’s quarterly report containing unaudited consolidated financial statements for each accounting period, if available, period prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval system; provided however, that should such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default, so long as such statements are provided to Seller upon their completion and filing with the SEC.
Appears in 15 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Buyer Financial Information. If requested by Seller, Buyer shall deliver to Seller (ai) within one hundred twenty (120) days after following the end of each fiscal year with respect to Buyeryear, a copy of Buyer’s annual report containing audited consolidated financial statements for such fiscal year, if available, year and (bii) within sixty (60) days after the end of each of Buyer’s its first three fiscal quarters of each fiscal year, a copy of Buyer’s quarterly report containing unaudited consolidated financial statements for each such fiscal quarter. In all cases the statements shall be for the most recent accounting period, if available, period and prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval systemgenerally accepted accounting principles; provided provided, however, that should any such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default, Default so long as Buyer diligently pursues the preparation, certification and delivery of the statements. Buyer shall be deemed to have satisfied such statements are provided to Seller upon their completion and filing with delivery requirement if the SECapplicable report is publicly available.
Appears in 10 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Green Tariff Power Purchase Agreement
Buyer Financial Information. If requested by Seller, Buyer shall deliver to Seller (ai) within one hundred twenty (120) days after following the end of each fiscal year with respect to Buyeryear, a copy of Buyer’s annual report containing audited consolidated financial statements for such fiscal year, if available, year and (bii) within sixty (60) days after the end of each of Buyer’s its first three fiscal quarters of each fiscal year, a copy of Buyer’s quarterly report containing unaudited consolidated financial statements for each such fiscal quarter. In all cases the statements shall be for the most recent accounting period, if available, period and prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval systemgenerally accepted accounting principles; provided provided, however, that should any such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall shall not be an Event of Default, Default so long as Buyer diligently pursues the preparation, certification and delivery of the statements. Buyer shall be deemed to have satisfied such statements are provided to Seller upon their completion and filing with delivery requirement if the SECapplicable report is publicly available.
Appears in 4 contracts
Samples: Consent and Agreement, Consent and Agreement, Consent and Agreement
Buyer Financial Information. If requested by Seller, Buyer shall deliver to Seller (a) within one hundred twenty (120) days after the end of each fiscal year with respect to Buyer, a copy of Buyer’s annual report containing audited consolidated financial statements for such fiscal year, if available, year and (b) within sixty (60) days after the end of each of Buyer’s first three fiscal quarters of each fiscal year, a copy of Buyer’s quarterly report containing unaudited consolidated financial statements for each accounting period, if available, period prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval system; provided however, that should such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default, so long as such statements are provided to Seller upon their completion and filing with the SEC.
Appears in 1 contract
Samples: Power Purchase Agreement
Buyer Financial Information. If requested by SellerXxxxxx, Buyer shall deliver to Seller (a) within one hundred twenty (120) days after the end of each fiscal year with respect to Buyer, a copy of BuyerBuyers’s annual report containing audited consolidated financial statements for such fiscal year, if available, year and (b) within sixty (60) days after the end of each of Buyer’s first three fiscal quarters of each fiscal year, a copy of BuyerBuyers’s quarterly report containing unaudited consolidated financial statements for each accounting period, if available, period prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval system; provided however, that should such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default, so long as such statements are provided to Seller upon their completion and filing with the SEC.
Appears in 1 contract
Samples: Power Purchase Agreement
Buyer Financial Information. If requested by Seller, Buyer shall deliver to Seller (a) within one hundred twenty (120) calendar days after the end of each fiscal year with respect to Buyer, a copy of Buyer’s annual report containing audited consolidated financial statements for such fiscal year, if available, and (b) within sixty (60) calendar days after the end of each of Buyer’s first three fiscal quarters of each fiscal year, a copy of Buyer’s quarterly report containing unaudited consolidated financial statements for each accounting period, if available, prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval system; provided however, that should such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default, so long as such statements are provided to Seller upon their completion and filing with the SEC.
Appears in 1 contract
Samples: Distribution Services Agreement
Buyer Financial Information. If requested by Seller, Buyer shall deliver to Seller (a) within one hundred twenty (120) days after the end of each fiscal year with respect to Buyer, a copy of Buyer’s annual report containing audited consolidated financial statements for such fiscal year, if available, and (b) within sixty (60) days after the end of each of Buyer’s first three fiscal quarters of each fiscal year, a copy of Buyer’s quarterly report containing unaudited consolidated financial statements for each accounting period, if available, prepared in accordance with Generally Accepted Accounting Principles. Buyer shall be deemed to have satisfied such delivery requirement if the applicable report is publicly available on Buyer’s website or on the SEC XXXXX information retrieval system; provided however, that should such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default, so long as such statements are provided to Seller upon their completion and filing with the SEC.. 29
Appears in 1 contract
Samples: Distribution Services Agreement