COVENANTS TO PROVIDE INFORMATION. The Company covenants and agrees with each Purchaser that until the principal amount of (and premium, if any, on) all the Notes, and all interest, Special Interest and other obligations hereunder in respect thereof, shall have been paid in full:
COVENANTS TO PROVIDE INFORMATION. Each Issuer covenants and agrees with each Holder that until the principal amount of (and premium, if any, on) all the Notes, and all interest and other obligations hereunder in respect thereof, shall have been paid in full, and while any Warrants shall remain outstanding:
COVENANTS TO PROVIDE INFORMATION. Each Closing Time Issuer covenants and agrees with each Purchaser that for so long as any Securities are outstanding:
COVENANTS TO PROVIDE INFORMATION. The Company covenants and agrees with each Holder that for so long as any of the Notes or any of the Warrants remain Outstanding:
COVENANTS TO PROVIDE INFORMATION. The Company covenants and agrees with each Purchaser that so long as the Purchasers and their Affiliates own in the aggregate Preferred Shares, Warrants and Common Shares in excess of the Ownership Threshold, the Company shall deliver to each Purchaser:
(a) Within 45 days after the end of each quarterly fiscal period, (i) unaudited balance sheets and an income statement as of the end of such period, together with statements of retained earnings and cash flow for such period ("Quarterly Financials"), together with such analysis and comparisons to budget as are routinely provided to the Board.
(b) Within 90 days after the end of each fiscal year, commencing with the first fiscal year ending after the Closing, (i) audited balance sheets and an income statement as of the end of such fiscal year, together with statements of retained earnings and cash flow for such fiscal year, all in reasonable detail and certified by a recognized national firm of independent accountants selected by the Board of Directors of the Company as presenting fairly the financial position and results of operations of the Company and as having been prepared in accordance with GAAP consistently applied, including their opinion thereon in the form included in the Company's Annual Report on Form 10-K, and (ii) the accounting firm's management letter.
(c) Promptly upon becoming available, (i) copies of all financial statements, reports, material press releases, notices, proxy statements and other documents sent by the Company to its shareholders or released to the public and copies of all regular and periodic reports, if any, filed by the Company with any securities regulatory agency or any securities exchange and (ii) any other financial or other information available to management of the Company as the Purchasers shall have reasonably requested on a timely basis.
(d) If for any period the Company shall have any subsidiary or subsidiaries whose accounts are consolidated with those of the Company, then, in respect of such period, the financial statements and information delivered pursuant to the foregoing paragraphs (a), (b) and (c) of this Section 4.10 shall be the consolidated and consolidating financial statements of the Company and all such consolidated subsidiaries.
(e) At least 30 days prior to the beginning of each fiscal year, an annual budget for the Company for such fiscal year (displaying anticipated statements of income and cash flows and balance sheets), and promptly upon prepar...
COVENANTS TO PROVIDE INFORMATION. 53 6.1. Future Reports to the Company ................................................... 53
COVENANTS TO PROVIDE INFORMATION. Each Owner will, from time to time, provide such information as the other Owner(s) may reasonably request in connection with the issuance or sale of any bonds or securities or evidences of indebtedness, whether public or private, and in connection with the obtaining of all necessary governmental or regulatory approvals, licenses, orders, permits and consents required in connection with the construction and operation of CB4 Transmission. Agent agrees that it will make available to the Owners, upon request, then-current architectural and engineering reports, if any, prepared by or for the Agent setting forth the design of CB4 Transmission, the status of any required licenses and permits, estimates of construction costs, construction schedules, and reports on the operation of CB4 Transmission.
COVENANTS TO PROVIDE INFORMATION. Notwithstanding anything in the Indenture to the contrary, in addition to the information required to be delivered pursuant to Section 4.02 of the Indenture, the Company shall deliver the following information described in clauses (i) through (vii) of this Section 9:
(a) to each Purchaser, so long as such Purchaser or any of its Affiliates is a Holder of any of the Offered Securities, and (b) prior to the date on which the Notes become Widely Held, to the purchasers of Notes from any of the Purchasers (each a “Subsequent Purchaser”) that are Institutional Accredited Investors; provided, however, in no event shall the Company be obligated to provide such information to Subsequent Purchasers of Notes who beneficially own less than $5,000,000 of the principal amount at maturity of the Notes; and, provided, further, that (1) any Subsequent Purchaser who beneficially owns at least $5,000,000 of the principal amount at maturity of the Notes shall be entitled to receive information described in clauses (i), (ii) and (vi) of this Section 9, and (2) any Subsequent Purchaser that is a “venture capital operating company” (within the meaning of Department of Labor regulations under ERISA) who beneficially owns at least $20,000,000 of the outstanding principal amount at maturity of the Notes shall be entitled to receive information pursuant to this Section 9 that, in the opinion of such Subsequent Purchaser’s counsel, is necessary for the investment of such Subsequent Purchaser in the Notes to qualify as a “venture capital investment” for purposes of the Department of Labor Regulation §2510.3-101 (or any successor provision), regardless of whether such Subsequent Purchaser has acquired the Notes prior to or after the Notes becoming Widely Held:
COVENANTS TO PROVIDE INFORMATION. Holdings and PlayCore Wisconsin jointly and severally covenant and agree with each Holder that until the principal amount of (and premium, if any, on) all the Notes, and all interest, and other obligations hereunder in respect thereof (other than indemnity obligations that have not yet become due and payable), shall have been paid in full:
COVENANTS TO PROVIDE INFORMATION. The Issuer covenants and agrees that while any Shares (but only if any applicable Holder of Shares owns at least 50% of the Series A Shares originally purchased by such Holder on the date hereof pursuant to this Agreement) or any Notes or Exchange Notes shall remain outstanding:
