Company Financial Information. Notwithstanding anything to the contrary contained herein, if Regulation AB is amended, or the Commission has issued interpretive guidance uniformly applicable to registrants of Asset-Backed Securities allowing the presentation of the financial information required by Item 1115 of Regulation AB with respect to an affiliate of the Counterparty rather than the Counterparty and any affiliated entities providing derivatives to the SPV, "Company Financial Information" shall be deemed to refer to the financial information of such permitted entity provided the Counterparty has received written confirmation from CHL that no amendment to this Agreement is necessary. The parties shall reasonably cooperate with respect to any amendments to this Agreement to reflect such amendment or interpretation.
Company Financial Information. Notwithstanding anything to the contrary contained herein, if Regulation AB is amended, or the Commission has issued interpretive guidance uniformly applicable to registrants of Asset-Backed Securities allowing the presentation of the financial information required by Item 1115 of Regulation AB with respect to an affiliate of the Counterparty rather than the Counterparty and any affiliated entities providing derivatives to the SPV, "Company Financial Information" shall be deemed to refer to the financial information of such permitted entity provided the Counterparty has received written confirmation from CHL that such amendment or interpretive guidance can be relied upon.
Company Financial Information. Until such time as the Company shall have satisfied all of its obligations under the Financing Arrangement, Company shall deliver to Warrantholder such financial information as is required under the terms of the Financing Arrangement. From and after the date that the Company shall have satisfied all of its obligations under the Financing Arrangement, and notwithstanding any other agreement to the contrary between the parties hereto, the Company shall deliver to the Warrantholder (so long as the Warrantholder holds all or any portion of the Warrant or any Preferred Stock or any shares of Common Stock issuable upon conversion of the Preferred Stock) all of the financial and other information delivered or required to be delivered by the Company to any of its stockholders. All such financial and other information shall be delivered pursuant to this Section 10 on a timely basis, but no later than 30 days after each fiscal quarter end for quarterly statements and no later than 120 days after each fiscal year end for annual statements.
Company Financial Information. To the extent Lima is required under the Securities Act or the Exchange Act and/or the rules promulgated thereunder or determines to include in any of their respective SEC filings to be made between the execution and delivery of this Agreement and the Merger Date the Company’s financial statements or financial information (in whole or in part) for any period or periods prior to the Merger Date (including prior years’ financial statements or information), the Company agrees to make such financial statements and information available to Lima and to cause its independent public accounts to discuss same and cooperate with Lima in order for Lima to be able to include such financial statements and information in their respective SEC filings.
Company Financial Information. Enterprises has delivered to Shoney's and TPAC true and complete copies of the following (collectively, the "Company Financial Information"): Audited Annual Financial Statements: ENTITY FISCAL YEAR ENDED TPI Enterprises, Inc. and Subsidiaries - Consolidated 12/25/94 TPI Restaurants, Inc. and Subsidiaries - Consolidated 12/25/94 TPI Insurance Corporation 12/25/94 UNAUDITED ANNUAL FINANCIAL STATEMENTS (Balance Sheets, Statements of Operations and Statements of Cash Flows for:) PERIOD ENTITY COVERED TPI Enterprises, Inc. and Subsidiaries - Consolidated Year ended 12/31/95 TPI Restaurants, Inc. and Subsidiaries - Consolidated Year ended 12/31/95 TPI Insurance Corporation Year ended 12/31/95 TPI Entertainment, Inc. Year ended 12/31/95 OTHER Consolidation worksheets for TPIR and Enterprises for the year ended 12/31/95. To Enterprises' Knowledge, none of the Company Financial Information contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which and as of the respective dates they were made, not misleading, except for such statements or omissions as would not have a Material Adverse Effect. To Enterprises' Knowledge, the financial statements (including the accompanying notes) included in any of the Company Financial Information, as of their respective dates, were prepared in accordance with GAAP applied on a consistent basis during the periods indicated (except as may be indicated therein or in the notes thereto), subject, in the case of unaudited financial statements, to the absence of footnotes and normal year-end adjustments. As of December 31, 1995 none of Enterprises or any of its Subsidiaries had invested surplus cash in any investment other than a Cash Equivalent.
Company Financial Information. Until such time as the Company shall have satisfied all of its obligations under the Financing Arrangement, Company shall deliver to Warrantholder such financial information as is required under the terms of the Financing Arrangement. From and after the date that the Company shall have satisfied all of its obligations under the Financing Arrangement, and notwithstanding any other agreement to the contrary between the parties hereto, the Company shall deliver to the Warrantholder (so long as the Warrantholder holds all or any portion of the Warrant or any Preferred Stock or any shares of Common Stock issuable upon conversion of the Preferred Stock) all of the financial and other information delivered or required to be delivered by the Company to any of its stockholders, in their capacities as stockholders.
Company Financial Information. (a) The Company has delivered to Holdings the following financial statements of the Company: (i) unaudited balance sheet of the Company as of December 31, 2002 and the related statements of operations, members' equity and cash flows for the year ended December 31, 2002 and (ii) unaudited balance sheets of the Company as of March 31, 2003 (the "Company's Latest Balance Sheet") and the related statements of operations, members' equity and cash flows for the three months then ended.
(b) Each of the unaudited financial statements of the Company have been prepared in accordance with GAAP, applied on a consistent basis during the relevant periods (except as may be disclosed in the notes thereto), and present fairly the consolidated financial position and consolidated results of operations and changes in cash flows of the Company as of the respective dates or for the respective periods reflected therein, except, in the case of the unaudited interim financial statements, for normal and recurring year-end adjustments that are not material.
(c) Except as set forth in Schedule 3.5(c) and on the Company's Latest Balance Sheet, or in the notes thereto, the Company does not have any liabilities, debts, claims or obligations of any nature (whether accrued, absolute, direct or indirect, contingent or otherwise, whether due or to become due), and there is no existing condition or set of circumstances which would reasonably be expected, individually or in the aggregate, to result in such a liability.
Company Financial Information. Until such time as the Company shall have satisfied all of its obligations under the Financing Arrangement, Company shall deliver to Warrantholder such financial information as is required under the terms of the Financing Arrangement. From and after the date that the Company shall have satisfied all of its obligations under the Financing Arrangement, and notwithstanding any other agreement to the contrary between the parties hereto, the Company shall deliver to the Warrantholder (so long as the Warrantholder holds all or any portion of the Warrant or any Preferred Stock or any shares of Common Stock issuable upon conversion of such shares of Preferred Stock) no later than 150 days after each fiscal year end its annual financial statements.
Company Financial Information. The Company shall furnish to MergerCo the following financial information (all to be prepared in accordance with generally accepted accounting principles consistently applied):
(a) as soon as available but in any event within 30 days of each calendar month, the unaudited consolidated balance sheets and statements of income statements and cash flows of the Company, showing its financial condition as of the close of such month and the results of operations during such month and for the then elapsed portion of the Company's fiscal year, in each case, setting forth the comparative figures for the corresponding month in the prior fiscal year and the corresponding elapsed portion of the prior fiscal year; and
(b) all documents filed with or submitted to the SEC by the Company simultaneously with such filing or submission.
Company Financial Information. 9 Section 2.6 Absence of Certain Changes or Events . . . . . . . . . .
