Financial Delivery. In the table below, detail the expenditure of the project during this reporting period and to date. Additional budget headings may be added as necessary. Include original receipts and relevant documentation related to each eligible expenditure.
Financial Delivery. Financial statements, opinions of independent certified public accountants, other information, Compliance Certificates and Officer’s Certificates that are required to be delivered by the Company pursuant to paragraph 5A shall be deemed to have been delivered if the Company satisfies any of the following requirements with respect thereto:
(i) such financial statements satisfying the requirements of paragraph 5A(i) or 5A(ii) and related Compliance Certificate are delivered to each holder of a Note by e-mail at the e-mail address set forth in the Purchaser Schedule, or as communicated from time to time in a separate writing delivered to the Company;
(ii) such financial statements satisfying the requirements of paragraph 5A(i) or 5A(ii) and related Compliance Certificate are timely posted by or on behalf of the Company on IntraLinks or on any other similar website to which each holder of Notes has free access; or
(iii) the Company shall have timely filed any of the items referred to in paragraph 5A(iv) with the SEC on XXXXX and shall have made such items available on its home page on the internet, which is located at xxxx://xxx.xxxxxxxxxx.xxx as the date of closing, or on IntraLinks or on any other similar website to which each holder of Notes has free access; provided however, that in no case shall access to such financial statements, other information and Officer’s Certificates be conditioned upon any waiver or other agreement or consent (other than confidentiality provisions consistent with paragraph 12F of this Agreement); provided further, that in the case of any of clauses (ii) or (iii), the Company shall have given each holder of a Note prior written notice, which may be by e-mail or in accordance with paragraph 12J, of such posting or filing in connection with each delivery, provided further, that upon request of any holder to receive paper copies of such forms, financial statements, other information, Compliance Certificates and Officer’s Certificates or to receive them by e-mail, the Company will promptly e-mail them or deliver such paper copies, as the case may be, to such holder.
Financial Delivery. The Joint Lead Arrangers shall have received (a) audited consolidated annual balance sheets and related statements of operations and comprehensive income, stockholders equity and cash flows of the Borrower for the three most recently completed fiscal years ended at least 60 days before the Closing Date, (b) unaudited interim consolidated balance sheets and related statements of operations and comprehensive income and cash flows of the Borrower for any subsequent interim financial period ended at least 40 days prior to the Closing Date, and for the comparable period of the prior fiscal year, (c) audited consolidated annual balance sheets and related statements of operations and comprehensive income, stockholders equity and cash flows of Target for the three most recently completed fiscal years ended at least 60 days before the Closing Date, (d) unaudited interim consolidated balance sheets and related statements of operations and comprehensive income and cash flows of Target for any subsequent interim financial period ended at least 40 days prior to the Closing Date, and for the comparable period of the prior fiscal year and (e) customary unaudited pro forma financial statements of the Borrower giving effect to the Transactions, for the prior fiscal year and as of the date of and for the period ending on the date of the latest financial statements pursuant to the above clauses and for the comparable period of the prior fiscal year, in each case prepared in compliance with Rule 3-05 and Article 11 of Regulation S-X under the Securities Act, as applicable, regardless of when Borrower is required to file such financial statements with the Securities and Exchange Commission, and in each of (a) through (e) meeting the requirements of Regulation S-X under the Securities Act. The public filing with the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, of any of the foregoing financial statements, will satisfy the requirements under clauses (a), (b), (c) or (d), as applicable, of the first sentence of this clause (e). The Joint Lead Arrangers hereby acknowledge receipt of the financial statements for (i) the Borrower for the fiscal years ended October 31, 2023, October 31, 2022 and October 31, 2021 and (ii) Target for the fiscal years ended December 31, 2022, December 31, 2021 and December 31, 2020 and for the fiscal quarters ended September 30, 2023, June 30, 2023 and March 31, 2023.
