Financial and Accounting Information. If PacifiCorp or one of its Affiliates determines that, under (a) the Accounting Standards Codification (ASC) 810, Consolidation of Variable Interest Entities, and (b) Requirements of Law that it may hold a variable interest in Seller, but it lacks the information necessary to make a definitive conclusion, Seller agrees to provide, upon PacifiCorp’s written request, sufficient financial and ownership information so that PacifiCorp or its Affiliate may confirm whether a variable interest does exist under ASC 810 and Requirements of Law. If PacifiCorp or its Affiliate determines that, under ASC 810, it holds a variable interest in Seller, Seller agrees to provide, upon PacifiCorp’s written request, sufficient financial and other information to PacifiCorp or its Affiliate so that PacifiCorp may properly consolidate the entity in which it holds the variable interest or present the disclosures required by ASC 810 and Requirements of Law. PacifiCorp will reimburse Seller for Seller’s reasonable costs and expenses, if any, incurred in connection with PacifiCorp’s requests for information under this Section 6.11. Seller will have the right to seek confidential treatment of any such information from any Governmental Authority entitled to receive such information.
Financial and Accounting Information. If PacifiCorp or one of its Affiliates determines that, under (i) the Accounting Standards Codification (ASC) 810, Consolidation of Variable Interest Entities, and (ii) Requirements of Law that it may hold a variable interest in Seller, but it lacks the information necessary to make a definitive conclusion, Seller hereby agrees to provide, upon PacifiCorp's written request, sufficient financial and ownership information so that PacifiCorp or its Affiliate may confirm whether a variable interest does exist under ASC 810 and Requirements of Law. If PacifiCorp or its Affiliate determines that, under ASC 810, it holds a variable interest in Seller, Seller hereby agrees to provide, upon PacifiCorp's written request, sufficient financial and other information to PacifiCorp or its Affiliate so that PacifiCorp may properly consolidate the entity in which it holds the variable interest or present the disclosures required by ASC 810 and Requirements of Law. PacifiCorp shall reimburse Seller for Seller's reasonable costs and expenses, if any, incurred in connection with PacifiCorp's requests for information under this Section 6.11. The information provided to PacifiCorp under this Section 6.11 shall be treated as Confidential Business Information if at the time the Seller provides such information to PacifiCorp the Seller provides written notice that the information is Confidential Business Information. Seller shall have the right to seek confidential treatment of any such information from any Governmental Authority entitled to receive such information. Information provided pursuant to this Section is subject to PacifiCorp’s rights to disclose such information pursuant to Sections 6.10.4, 6.10.5, 6.10.7, 9.5, 9.6, 23.2 and 23.3, and pursuant to any applicable Requirements of Law.
Financial and Accounting Information. If Buyer or one of its Affiliates determines that, under the Financial Accounting Standards Board’s revised Interpretation No. 46, Consolidation of Variable Interest Entities (“FIN 46”), it may hold a variable interest in Seller, but it lacks the information necessary to make a definitive conclusion, Seller hereby agrees to provide sufficient financial and ownership information so that Buyer or its Affiliate may confirm whether a variable interest does exist under FIN 46. If Buyer or one of its affiliates determines that, under FIN 46, it holds a variable interest in Seller, Seller hereby agrees to provide sufficient financial and other information to Buyer or its Affiliate so that Buyer may properly consolidate the entity in which it holds the variable interest and/or present the disclosures required by FIN 46.
Financial and Accounting Information. If Utility or one of its Affiliates determines that, under (a) the Accounting Standards Codification (“ASC”) 810, Consolidation of Variable Interest Entities, and (b) Requirements of Law that it may hold a variable interest in Seller, but it lacks the information necessary to make a definitive conclusion, Seller agrees to provide, upon Utility’s written request, sufficient financial and ownership information so that Utility or its Affiliate may confirm whether a variable interest does exist under ASC 810 and Requirements of Law. If Utility or its Affiliate determines that, under ASC 810, it holds a variable interest in Seller, Seller agrees to provide, upon Utility’s written request, sufficient financial and other information to Utility or its Affiliate so that Utility may properly consolidate the entity in which it holds the variable interest or present the disclosures required by ASC 810 and Requirements of Law. Utility will reimburse Seller for Seller’s reasonable costs and expenses, if any, incurred in connection with Utility’s requests for information under this Section 6.10. Seller will have the right to seek confidential treatment of any such information from any Governmental Authority entitled to receive such information.
Financial and Accounting Information. If PPM or one of its Affiliates determines that, under the Financial Accounting Standards Board’s revised Interpretation No. 46, Consolidation of Variable Interest Entities (“FIN 46”), it may hold a variable interest in MMC, but it lacks the information necessary to make a definitive conclusion, MMC hereby agrees to provide sufficient financial and ownership information so that PPM or its Affiliate may confirm whether a variable interest does exist under FIN 46. If PPM or its Affiliate determines that, under FIN 46, it holds a variable interest in MMC, MMC hereby agrees to provide sufficient financial and other information to PPM or its Affiliate so that PPM may properly consolidate the entity in which it holds the variable interest and/or present the disclosures required by FIN 46. PPM shall reimburse MMC for MMC’s reasonable costs and expenses, if any, incurred in connection with PPM’s requests for information under this Section. Notwithstanding the foregoing, MMC and PPM acknowledge and agree that, in the event of such a determination, they shall endeavor to make such commercially reasonable amendments or modifications to this Agreement so as to avoid such treatment under FIN 46.
Financial and Accounting Information. During the Term, each party shall, upon written request by the other party (the "REQUESTING PARTY"), provide to the Requesting Party such financial and accounting information of such party as is reasonably required for the Requesting Party to respond to any audit (or similar action) conducted by a governmental entity, or to perform its tax filings and reports, end of the month, end of fiscal quarter and end of fiscal year financial closing process, and to prepare the related financial statements and accounting reports, or to revise any financial statements and accounting reports for any prior periods. During the Term, each party shall reasonably cooperate with the other in its efforts to comply with the rules and regulations affecting public companies, including without limitation, the Sarbanes-Oxley Act of 2002.
Financial and Accounting Information. If PacifiCorp or one of its Affiliates determines that, under the Financial Accounting Standards Board’s revised Interpretation No. 46, Consolidation of Variable Interest Entities (“FIN 46”), it may hold a variable interest in Seller, but it lacks the information necessary to make a definitive conclusion, Seller hereby agrees to provide sufficient financial and ownership information so that PacifiCorp or its Affiliate may confirm whether a variable interest does exist under FIN 46. If PacifiCorp or its Affiliate determines that, under FIN 46, it holds a variable interest in Seller, Seller hereby agrees to provide sufficient financial and other information to PacifiCorp or its Affiliate so that PacifiCorp may properly consolidate the entity in which it holds the variable interest or present the disclosures required by FIN 46. PacifiCorp shall reimburse Seller for Seller’s reasonable costs and expenses, if any, incurred in connection with PacifiCorp’s requests for information under this Section 6.11.
Financial and Accounting Information. (a) The (i) audited financial statements of the Company corresponding to the fiscal years ended December 31, 2002, 2003 and 2004, and (ii) unaudited financial statements for the period ended October 31, 2005, a copy of which is attached as Schedule 4.6(a) hereto (each such financial statement, a “Financial Statement”):
Financial and Accounting Information. 6.12 Performance Guaranty 21 6.13 Access Rights 23 6.14 Facility Images 23 SECTION 7 SECURITY 23 7.1 Project Development Security 23
Financial and Accounting Information. Attached hereto as Exhibit 4.13 is a copy of each USC Member’s unaudited plant profitability and allocated SG&A (excluding cement rebates and Houston corporate overhead) for each of the three years ended December 31, 2006 (the “USC Financial Statements”). Each of the USC Financial Statements (including in all cases the notes thereto, if any), is accurate and complete in all material respects, is consistent with the books and records of each USC Member.
