FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following: (a) as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles; (b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee; (c) within the time period prescribed in paragraph (a) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that such officer is not aware (without any obligation of due inquiry), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter; (d) within the time period prescribed in paragraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer is not aware, as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease; (e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C) (f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 2 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:
(a) as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that such officer is not aware (without any obligation of due inquiry), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period prescribed in paragraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer is not aware, as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease Participation Agreement (TRLI 2001-1B) as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;
(e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C)and
(f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 2 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:: Participation Agreement (TRLI 2001-1A) 49
(a) as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that such officer is not aware (without any obligation of due inquiry), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period prescribed in paragraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer is not aware, as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases Subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;
; Participation Agreement (TRLI 2001-1A) 50 (e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C)
(f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner Participant or the Indenture Trustee may from time to time reasonably request.and
Appears in 2 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:
(a) unless included in a Form 10-Q delivered under clause (c) below within the 60-day period specified in this clause (a), as soon as available and in any event within 60 days after the end of each of quarterly period, except the first three quarters last, of each fiscal year, a the consolidated balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee and its consolidated Subsidiaries as at the end of such quarterperiod, together with the related consolidated statements of income and cash flows of the Lessee and its consolidated Subsidiaries for the period beginning on the first day of such fiscal year and ending on the last day of such quarterquarterly period, setting forth in each case (except for the consolidated balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) unless included in a Form 10-K delivered under clause (c) below within the 120-day period specified in this clause (b), as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report financial statements covering the operations of the Lessee and its consolidated Subsidiaries, including a consolidated balance sheet, and related consolidated statements of income and retained earnings and consolidated statement of cash flows of the Lessee and its consolidated Subsidiaries for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph as soon as available, one copy of each Annual Report on Form 10-K (aor any successor form) above, a certificate, signed and Quarterly Report on Form 10-Q (or any successor form) filed by the Treasurer Lessee with the Securities and Exchange Commission or principal financial officer of the General Partner, (i) to the effect that such officer is not aware (without any obligation of due inquiry), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quartersuccessor agency;
(d) within the time period prescribed in paragraph subparagraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General PartnerLessee, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer that he is not aware, as aware of any default in compliance by the Lessee with any of the date covenants, terms and provisions of such certificate, of any the Participation Agreement or the Lease Default(except as specified), and if a Lease Default or Lease Event of Default shall exist, specifying such Lease Default, Default or Lease Event of Default and the nature and status thereof and what action the action, if any, that the Lessee is taking to remedy such Lease Default or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as Lease Event of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the LeaseDefault;
(e) within promptly, all material reports or statements which the time periods presented Lessee may make to, or file with, the Securities and Exchange Commission or any successor thereto (excluding such reports or statements which are treated as confidential and not available to the public, in Section 7 of the Management Agreementaccordance with applicable law, each of the reports referred to therein delivered by the Manager to the LesseeSecurities and Exchange Commission, for so long as such confidentiality shall be maintained); and Participation Agreement (TRLI 2001-1C)and
(f) promptly after request thereforpromptly, such additional information with respect to the financial condition or business of the Lessee as the Owner any Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 1 contract
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:: Participation Agreement (TRLI 2001-1A) 49
(a) as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that such officer is not aware (without any obligation of due inquiry), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period prescribed in paragraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer is not aware, as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases Subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;; Participation Agreement (TRLI 2001-1A) 50
(e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C)and
(f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 1 contract
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:
(a) as soon as available and in any event within 60 days after the end of each of the first three quarters quarters, of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) aboveas soon as available, a certificate, signed one copy of any document filed by the Treasurer Lessee with the Securities and Exchange Commission or principal financial officer any successor agency pursuant to Section 13(a), 13(c), 14 or 15(d) (or any successor sections) of the General PartnerSecurities Exchange Act of 1934, as amended (i) excluding such documents or portions thereof which are treated as confidential and not available to the effect that such officer is not aware (without any obligation of due inquirypublic, in accordance with applicable law, by the Securities and Exchange Commission), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period periods prescribed in paragraph paragraphs (a) and (b) above, a certificate, signed by the Treasurer or principal financial officer of the General PartnerLessee, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year quarter or year, as the case may be, and that, after due inquiry, such officer is not aware, as aware of any default in compliance by the Lessee with any of the date covenants, terms and provisions of such certificate, of any this Agreement or the Lease Default(except as specified), and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;; and
(e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C)
(f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner any Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 1 contract
Samples: Participation Agreement (General American Railcar Corp Ii)
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the [Participation Agreement (GARC II 98-A)] Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:
(a) as soon as available and in any event within 60 days after the end of each of the first three quarters quarters, of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) aboveas soon as available, a certificate, signed one copy of any document filed by the Treasurer Lessee with the Securities and Exchange Commission or principal financial officer any successor agency pursuant to Section 13(a), 13(c), 14 or 15(d) (or any successor sections) of the General PartnerSecurities Exchange Act of 1934, as amended (i) excluding such documents or portions thereof which are treated as confidential and not available to the effect that such officer is not aware (without any obligation of due inquirypublic, in accordance with applicable law, by the Securities and Exchange Commission), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period periods prescribed in paragraph paragraphs (a) and (b) above, a certificate, signed by the Treasurer or principal financial officer of the General PartnerLessee, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year quarter or year, as the case may be, and that, after due inquiry, such officer is not aware, as aware of any default in compliance by the Lessee with any of the date covenants, terms and provisions of such certificate, of any this Agreement or the Lease Default(except as specified), and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;
(e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered signed by the Manager to the Lesseeappropriate Person designated therein; and [Participation Agreement Agreeement (TRLI 2001GARC II 98-1CA)]
(f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner any Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 1 contract
Samples: Participation Agreement (General American Railcar Corp Ii)
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:
(a) as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that such officer is not aware (without any obligation of due inquiry), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period prescribed in paragraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer is not aware, as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;
(e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C)
(f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner Participant or the Indenture Trustee may from time to time reasonably request.,
Appears in 1 contract
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:
(a) as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year, a balance sheet of the Participation Agreement (TRLI 2001-1C) 51 Lessee as at the end of such quarter, together with the related consolidated statements of income and cash flows of the Lessee for the period beginning on the first day of such fiscal year and ending on the last day of such quarter, setting forth in each case (except for the balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of the Lessee's audited annual report covering the operations of the Lessee including a balance sheet, and related statements of income and retained earnings and statement of cash flows of the Lessee for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that such officer is not aware (without any obligation of due inquiry), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period prescribed in paragraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General Partner, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer is not aware, as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;
(e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C)
(f) promptly after request therefor, such additional information with respect to the financial condition or business of the Lessee as the Owner Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 1 contract
FINANCIAL AND OTHER REPORTS OF THE LESSEE. The Lessee agrees during the Lease Term and (if longer, in the event that the Lessee has assumed all of the rights and obligations of the Lessor under the Indenture in respect of the Equipment Notes) so long as any Equipment Note remains outstanding, that it will furnish directly to each Participant the following:
(a) unless included in a Form 10-Q delivered under clause (c) below within the 60-day period specified in this clause (a), as soon as available and in any event within 60 days after the end of each of quarterly period, except the first three quarters last, of each fiscal year, a consolidated balance sheet sheets of each of the Participation Agreement (TRLI 2001-1C) Lessee and Parent and their respective consolidated Subsidiaries as at the end of such quarterperiod, together with the related consolidated statements of income and cash flows of each of the Lessee and Parent and their respective consolidated Subsidiaries for the period beginning on the first day of such fiscal year and ending on the last day of such quarterquarterly period, setting forth in each case (except for the consolidated balance sheet) in comparative form the figures for the corresponding periods of the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles;
(b) unless included in a Form 10-K delivered under clause (c) below within the 120-day period specified in this clause (b), as soon as available and in any event within 120 days after the last day of each fiscal year, a copy of each of the Lessee's and Parent's annual audited annual report covering the operations of the Lessee and Parent and their respective consolidated Subsidiaries, including a consolidated balance sheetsheets, and related consolidated statements of income and retained earnings and consolidated statement of cash flows of each of the Lessee and Parent and their respective consolidated Subsidiaries for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail and prepared in accordance with generally accepted accounting principles applied on a consistent basis, which statements will have been certified by a firm of independent public accountants of recognized national standing selected by the Lessee;
(c) within the time period prescribed in paragraph (a) aboveas soon as available, a certificate, signed one copy of each document filed by the Treasurer Lessee or principal financial officer Parent with the Securities and Exchange Commission or any successor agency pursuant to Section 13(a), 13(c), 14 or 15(d) (or any successor sections) of the General PartnerSecurities Exchange Act of 1934, as amended (ior any successor statute) (excluding such documents or portions thereof which are treated as confidential and not available to the effect that such officer is not aware (without any obligation of due inquirypublic, in accordance with applicable law, by the Securities and Exchange Commission), as of the date of such certificate, of any Lease Default, and if a Lease Default shall exist, specifying such Lease Default, the nature and status thereof and what action Lessee is taking or plans to take with respect thereto and (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the immediately preceding calendar quarter;
(d) within the time period prescribed in paragraph subparagraph (b) above, a certificate, signed by the Treasurer or principal financial officer of the General PartnerLessee, (i) to the effect that the signer has reviewed the Operative Agreements and activities and records of the Lessee during the immediately preceding fiscal year and that, after due inquiry, such officer that he is not aware, as aware of any default in compliance by the Lessee with any of the date covenants, terms and provisions of such certificate, of any the Participation Agreement or the Lease Default(except as specified), and if a Lease Default or Lease Event of Default shall exist, specifying such Lease Default, Default or Lease Event of Default and the nature and status thereof and what action Lessee is taking or plans to take with respect thereto, (ii) setting forth the Historical Coverage Ratio and the Projected Coverage Ratio as of the last Business Day of the preceding fiscal year and (iii) setting forth in summary terms the Lessee's compliance with Section 8.3 of the Lease as to new Subleases entered into by the Lessee, and sub-subleases entered into by any Sublessee, during such fiscal year, including without limitation as to whether such new Subleases are subject and subordinate to the terms of the Lease;thereof; and
(e) within the time periods presented in Section 7 of the Management Agreement, each of the reports referred to therein delivered by the Manager to the Lessee; and Participation Agreement (TRLI 2001-1C)
(f) promptly after request thereforpromptly, such additional information with respect to the financial condition or business of the Lessee as the Owner any Participant or the Indenture Trustee may from time to time reasonably request.
Appears in 1 contract