Financial and Operating Information. Owner has, or has the ability to secure, sufficient equity or financing to comply with Owner’s obligations under this Agreement.
Financial and Operating Information. The Seller has provided the Buyer with true and complete copies of each of the Seller's 12 most recent monthly statements for account number 8801317465 at Sun Trust [Atlanta, N.A.].
Financial and Operating Information. (a) No later than 60 days after the end of each quarter of the Company’s Fiscal Year (other than the last quarter of such Fiscal Year), at the Company’s expense, the Investor shall forward or cause to be forwarded to each Member in each case certified by the Investor as being true and correct. (A) an unaudited balance sheet of the Company and each Subsidiary dated as of the end of such fiscal quarter, (B) an unaudited related income statement of the Company and each Subsidiary for such fiscal quarter, (C) an unaudited statement of each Member’s Capital Account for such fiscal quarter, (D) an unaudited statement of cash flows of the Company and each Subsidiary for such fiscal quarter, and (E) a reconciliation of actual operating expenses and Revenues during such period compared with the Annual Budget amounts for such items, and (F) a quarterly explanation of the discrepancies; and
(b) Within 60 days after the end of each calendar month, the Investor will prepare, or cause to be prepared, at the expense of the Company, a status report of the Company’s activities during such calendar month, including summary descriptions of additions to, dispositions of and leasing and occupancy of the Property and Company Assets and any material legal issues such as claims filed or threatened against the Company, material claims of the Company and each Subsidiary against other parties and developments in any then pending legal actions affecting the Company during such month.
(c) The Investor will prepare, or cause to be prepared, on an accrual basis in accordance with GAAP and on a tax basis, at the expense of the Company, and furnish to each Member no later than 120 days after the end of each Fiscal Year of the Company the following, all of which shall be certified by the Investor as being true and correct:
(i) an unaudited balance sheet of the Company and each Subsidiary dated as of the end of such Fiscal Year;
(ii) an unaudited related income statement of the Company and each Subsidiary for such Fiscal Year;
(iii) an unaudited statement of each Member’s Capital Account for such Fiscal Year;
(iv) an unaudited statement of cash flows of the Company and each Subsidiary as of the end of the Fiscal Year; and
(v) such other supporting schedules, reports and backup information as are reasonably requested by Investor.
(d) The Investor shall, as a Company expense, at least once every calendar year have the Company’s books and records audited by the Company Accountant. In addition,...
Financial and Operating Information. The 1995 Noteholders shall have received copies of such financial statements, projections, budgets, reports, agings and other financial and business information relating to the Company as they may have reasonably requested, all in form and substance satisfactory to the 1995 Noteholders.
Financial and Operating Information. The Companies have provided to Buyer operating information, including operating information depicted on the income statement, rates charged customers, miles per tractor, empty miles, and other information underlying the financial statements provided to Buyer. All of such information is accurate and fairly depicts the operations represented by such information.
Financial and Operating Information. The 1989 Noteholders shall have received copies of such financial statements, projections, budgets, reports, agings and other financial and business information relating to the Company as they may have reasonably requested, all in form and substance satisfactory to the 1989 Noteholders.
Financial and Operating Information. (i) To the best of seller's knowledge, based on information and belief, Schedule 4.2(l) contains a complete and accurate chart setting forth the physician utilization of the Surgery Center for 1997 and for the months of January through September of 1998.
(ii) SELLER has heretofore delivered to PURCHASER the following financial statements: (i) a balance sheet as of September 30, 1998, (ii) an income statement as of September 30, 1998, and (iii) an income statement for each month in 1998, (collectively, the "Financial Statements"). The Financial Statements (i) are in accordance with the books and records of SELLER, (ii) have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods covered thereby and (iii) fairly and accurately present the assets, liabilities (including all reserves) and financial position of SELLER as of the date thereof and the results of operations for the periods then ended. As of the September 30, 1998 balance sheet, there were no liabilities of SELLER which, in accordance with generally accepted accounting principles, should have been shown on such balance sheet.
Financial and Operating Information. The Seller has provided LTC with true and complete copies of each of the following documents:
Financial and Operating Information. On or prior to the Effective Date, Owner will provide Invest Atlanta with the Due Diligence Materials to the extent available and applicable.
Financial and Operating Information. The Company has provided LTC with true and complete copies of each of the following documents:
(a) LEASES. Each of the lease agreements (each individually, a "LEASE" and collectively, the "LEASES") to which the Company is a party. Each Lease is listed in SCHEDULE 1.1, and a true and complete copy of each has been delivered to LTC and will be attached to the Secretary's Certificate delivered at Closing pursuant to SECTION 6.9. The premises leased by the Company pursuant to the Leases constitute all of the locations at which the Company conducts its business.
(b) CUSTOMER ACTIVATION AGREEMENTS. Each customer activation agreement (collectively, the "CUSTOMER ACTIVATION AGREEMENTS") between the Company and each cellular customer of the Company, which Customer Activation Agreements provide for, among other things, charge-backs to be paid to the Company by each customer.
(c) CUSTOMER PAGER AGREEMENTS. Each customer pager agreement (collectively, the "CUSTOMER PAGER AGREEMENTS") between the Company and each paging customer of the Company. As of the date hereof and the Closing Date, the Company has not less than 2,800 Customer Pager Agreements each representing a current paging customer.
