Delivery of Financial Statements and other Documents. The Seller Party Agent shall deliver (or cause to be delivered) to Buyer (i) concurrently with the delivery to the Securitization Agent as required thereunder, copies of each of the items described in Section 5.3(a) of the applicable Securitization Purchase Agreement concurrently with the delivery thereof to the Securitization Agent pursuant thereto, (ii) reasonably promptly following Buyer’s request therefor, each of the following: (A) the Outstanding Amount of each Seller Note, (B) the Sellers’ Net Worth and (C) such other information regarding each Seller Note and the business and financial condition of each Receivables Entity as Buyer shall reasonably request and (iii) promptly upon Buyer’s reasonable request therefor, copies of any other notices, reports, documentation or information required to be furnished to the Securitization Agent pursuant to Section 5.3 of the applicable Securitization Purchase Agreement. Notwithstanding the foregoing, the obligations in Section 5.3(r)
(i) may be satisfied with respect to financial information of Guarantor and its Subsidiaries by furnishing Guarantor’s Annual Report on Form 10-K or Quarterly Reports on Form 10-Q filed with the SEC and, to the extent not included in the relevant 10-K, a related Accounting Opinion.
Delivery of Financial Statements and other Documents. (a) The Company shall deliver to the Buyers, as soon as practicable, but in any event within ninety (90) days after the end of each fiscal year of the Company, a statement of operations for such fiscal year, a balance sheet of the Company as of the end of such year, and a statement of cash flows for such year, such year-end financial reports to be in reasonable detail and prepared in accordance with GAAP.
(b) The Company shall deliver to the Buyers, as soon as practicable, but in any event within forty-five (45) days after the end of each of the first three (3) quarters of each fiscal year of the Company, an unaudited statement of operations, balance sheet, and statement of cash flows of the Company for such fiscal quarters as of the end of such fiscal quarters.
(c) The Company shall deliver to the Buyers, as soon as practicable, but in any event within thirty (30) days after the end of each month, an unaudited statement of operations, balance sheet, and statement of cash flows of the Company for such month and for the fiscal year-to-date.
(d) The Company shall deliver to the Buyers prior to the close of each fiscal year, an operating budget for the next fiscal year forecasting the Company's revenues, expenses and cash position, prepared on a monthly basis, including balance sheets and sources and applications of funds statements for such months.
(e) The Company shall deliver to the Buyers, as soon as practicable, but in any event within ten (10) days of receipt by the Company, copies of any management letters of the Company's accountants.
(f) The Company shall promptly deliver to the Buyers: (i) notice of any defaults under any Contracts or other material agreements and (ii) notice of any material litigation.
(g) The Company shall deliver to the Buyers, as soon as practicable, all other information requested by the Buyers, where such information is readily available and may be reduced to written form.
Delivery of Financial Statements and other Documents. Each Seller shall deliver (or cause to be delivered) to Buyer (i) concurrently with the delivery to the Securitization Agent as required thereunder, copies of each of the items described in Section 5.3(b)(i) of the Securitization Purchase Agreement concurrently with the delivery thereof to the Securitization Agent pursuant thereto and (ii) promptly upon Buyer’s reasonable request therefor, copies of any other notices, reports, documentation or information required to be furnished to the Securitization Agent pursuant to Section 5.3 of the Securitization Purchase Agreement.
Delivery of Financial Statements and other Documents. The Seller Party Agent shall deliver (or cause to be delivered) to Buyer (i) concurrently with the delivery to the Securitization Agent as required thereunder, copies of each of the items described in Sections 1(l)(i), 1(l)(ii), 3(f)(i) and 3(f)(ii) of Exhibit IV of the Securitization Purchase Agreement concurrently with the delivery thereof to the Securitization Agent pursuant thereto, (ii) reasonably promptly following Buyer’s request therefor, each of the following: (A) the Outstanding Amount of the Seller Note, (B) the Receivables Entity’s tangible net worth and (C) such other information regarding the Seller Note and the business and financial condition of the Receivables Entity as Buyer shall reasonably request and (iii) promptly upon Buyer’s reasonable request therefor, copies of any other notices, reports, documentation or information required to be furnished to the Securitization Agent pursuant to Sections 1(l)(i), 1(l)(ii), 3(f)(i) and 3(f)(ii) of Exhibit IV of the Securitization Purchase Agreement.
Delivery of Financial Statements and other Documents. Within thirty (30) days following each fiscal quarter, REDC shall provide to Impac a copy of REDC's income statement for such quarter. Additionally, with each fee payment as set forth in Section 3.1, REDC shall deliver to Impac a statement of operations for each relevant period in reasonable detail and prepared in accordance with GAAP.
Delivery of Financial Statements and other Documents. Until the ---------------------------------------------------- Closing Date, each Company, on the one hand, and the Buyer, on the other hand, shall deliver to the other:
(a) as soon as practicable, but in any event within thirty (30) days after the end of each month, and within forty-five (45) days after the end of each quarter (with respect to the first three quarters of the applicable fiscal year) and within 60 days after the end of the last fiscal quarter, its unaudited consolidated profit and loss account, consolidated balance sheet and consolidated cash flow statement for such month or quarter, as the case may be, and for the fiscal year-to-date. Buyer's independent accountants, Ernst & Young, shall have reviewed all quarterly financial statements submitted by Buyer in compliance with the foregoing covenant;
(b) as soon as practicable, but in any event within five (5) days of its receipt thereof, copies of any management letters and other correspondence of its independent auditors;
(c) prompt notice of any material defaults under any material contracts and of any litigation;
(d) monthly updates to the backlog descriptions described in Section 4.20 and 5.19, as applicable. Each such update shall serve to supersede and replace in its entirety all previous backlog descriptions, provided that such updated descriptions shall, thereafter, be subject to the representations and warranties set forth in Sections 4.20 and 5.19, as applicable;
(e) as soon as practicable, all other information requested by the other, where such information is readily available and may be reduced to written form.
Delivery of Financial Statements and other Documents. Until the Closing Date, each Company, on the one hand, and the Buyer, on the other hand, shall deliver to the other: (a) as soon as practicable, but in any event within thirty (30) days after the end of each month, and within forty-five (45) days after the end of each quarter (with respect to the first three quarters of the applicable fiscal year) and within 60 days after the end of the last fiscal quarter, its unaudited consolidated profit and loss account, consolidated balance sheet and consolidated cash flow statement for such month or quarter, as the case may be, and for the fiscal year-to-date. Buyer's independent accountants, Ernst & Young, shall have reviewed all quarterly financial statements submitted by Buyer in compliance with the foregoing covenant; (b) as soon as practicable, but in any event within five (5) days of its receipt thereof, copies of any management letters and other correspondence of its independent auditors; 28
Delivery of Financial Statements and other Documents. Each Seller shall deliver (or cause to be delivered) to Buyer Agent and each Buyer, concurrently with the delivery to Cofina as required thereunder, copies of each of the items described in Section 5.2 of the Securitization SCA.
Delivery of Financial Statements and other Documents. CHS shall deliver (or cause to be delivered) to Buyer:
(1) as soon as available and in any event within sixty (60) days after the end of each of the first three quarterly accounting periods of CHS, a copy of the consolidated balance sheet of CHS and its Subsidiaries as of the last day of such period and the consolidated statement of income of CHS and its Subsidiaries for the fiscal quarter and for the fiscal year to date period then ended, prepared by CHS in accordance with GAAP and certified to by a Responsible Officer; 752839588 provided that delivery within the time period specified above of copies of CHS’s quarterly reports on Form 10-Q prepared in compliance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.2(f)(i); provided, further, that, each quarterly financial statement or Form 10-Q required pursuant to this clause (i) shall be accompanied by the related Compliance Certificate (as defined in the Credit Agreement) delivered pursuant to Subsection 11.2.2 of the Credit Agreement; and
(2) as soon as available and in any event within ninety (90) days after the end of each annual accounting period of CHS, a copy of the consolidated balance sheet of CHS and its Subsidiaries as of the last day of the period then ended and the consolidated statements of income and cash flows of CHS and its Subsidiaries for the period then ended, and accompanying notes thereto, each in reasonable detail showing in comparative form the figures for the previous fiscal year, accompanied by a statement of CHS (with, if necessary, qualifications related to changes in GAAP), to the effect that the financial statements have been prepared in accordance with GAAP and present fairly in accordance with GAAP the consolidated financial condition of CHS and its Subsidiaries as of the close of such fiscal year and the results of their operations and cash flows for the fiscal year then ended; provided that delivery within the time period specified above of copies of CHS’s annual report on Form 10-K prepared in compliance with the requirements therefor and filed with the SEC shall be deemed to satisfy the requirements of this Section 7.2(f)(ii); provided, further, that, each annual financial statement or Form 10-K required pursuant to this clause (ii) shall be accompanied by the related Compliance Certificate (as defined in the Credit Agreement) delivered pursuant to Subsection 11.2.1 of the Credit Agreement.
(3) Notwithstan...
Delivery of Financial Statements and other Documents. So long as the ---------------------------------------------------- Purchasers and/or their respective successors and assigns hold any shares of Common Stock, the Company shall deliver the following financial statements and other documents to such parties:
(a) The Company shall deliver to the Purchasers, as soon as practicable, but in any event within ninety (90) days after the end of each fiscal year of the Company, a statement of operations for such fiscal year, a balance sheet of the Company as of the end of such year, and a statement of cash flows for such year, such year-end financial reports to be in reasonable detail and prepared in accordance with GAAP.
(b) The Company shall deliver to the Purchasers, as soon as practicable, but in any event within forty-five (45) days after the end of each of the first three (3) quarters of each fiscal year of the Company, an unaudited statement of operations, balance sheet, and statement of cash flows of the Company for such fiscal quarters as of the end of such fiscal quarters.
(c) The Company shall deliver to the Purchasers, as soon as practicable, but in any event within thirty (30) days after the end of each month, an unaudited statement of operations, balance sheet, and statement of cash flows of the Company for such month and for the fiscal year-to-date.
(d) The Company shall deliver to the Purchasers prior to the close of each fiscal year, an operating budget for the next fiscal year forecasting the Company's revenues, expenses and cash position, prepared on a monthly basis, including balance sheets and sources and applications of funds statements for such months.
