Financial Information and Reports. The Company will furnish to the Securities Valuation Office of the National Association of Insurance Commissioners, 195 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, x copy of the financial statements referred to in Sections 6.6(a) and (b) as soon as they are available. The Company will furnish to you and to any other Institutional Holder (in duplicate if you or such other holder so request) the following:
(a) As soon as available and in any event within 45 days after the end of each of the first three quarterly accounting periods of each fiscal year of the Company, a consolidated balance sheet of the Company and its Restricted Subsidiaries as of the end of such period and consolidated statements of income and retained earnings and cash flows of the Company and its Restricted Subsidiaries for the periods beginning on the first day of such fiscal year and the first day of such quarterly accounting period and ending on the date of such balance sheet, setting forth in comparative form the corresponding consolidated figures for the corresponding periods of the preceding fiscal year, all in reasonable detail, prepared in accordance with generally accepted accounting principles consistently applied throughout the period involved (except for changes disclosed in such financial statements or in the notes thereto and concurred in by the Company's independent certified public accountants) and certified by the chief financial officer or chief accounting officer of the company (i) outlining the basis of presentation, and (ii) stating that the information presented in such statements presents fairly the financial condition of the Company and its Restricted Subsidiaries and the results of operations for the period, subject to customary year-end audit adjustments;
(b) As soon as available and in any event within 90 days after the last day of each fiscal year, a consolidated balance sheet of the Company and its Restricted Subsidiaries as of the end of such fiscal year and the related consolidated statements of income and changes in stockholders' equity, and cash flows for such fiscal year, in each case setting forth in comparative form figures for the preceding fiscal year, all in reasonable detail, prepared in accordance with generally accepted accounting principles consistently applied throughout the period involved (except for changes disclosed in such financial statements or in the notes thereto and concurred in by independent certified public accountants) and accompanied by a ...
Financial Information and Reports. Exhibit A to this Agreement is a complete list of the financial statements and projected financial statements furnished by the Borrower to the Bank in connection with the borrowings to be made hereunder. Each such historical financial statement fairly presents in accordance with generally accepted accounting principles the financial condition of the Borrower and its Subsidiaries and the results of their operations as of the date (or with respect to the period) noted in such financial statements. Other than any liability incident to any actions described in Exhibit B to this Agreement, neither the Borrower nor any Subsidiary has any material contingent liabilities required to be disclosed under generally accepted accounting principles which are not provided for or disclosed in such financial statements. Each such statement (including any related schedule and/or notes) is true, correct and complete in all material respects (subject, as to interim statements, to changes resulting from audits and year-end adjustments) and has been prepared in accordance with generally accepted accounting principles consistently followed throughout the periods involved. No such statement omits to state a material fact necessary to make such statement not misleading in light of the circumstances under which it was made. There has been no material adverse change in the business, operations or condition (financial or otherwise) of the Borrower or any Subsidiary since the date of such financial statements.
Financial Information and Reports. Until all Obligations have been finally and indefeasibly paid and satisfied in full and the Commitments of the Lenders under the Loan Agreement have been terminated, unless consent has been obtained in the manner provided for in Section 19, the Parent will furnish, or cause to be furnished to the Administrative Agent and the Lenders at their respective addresses as set forth on Schedule 1, or such other office as may be designated by the Administrative Agent and the Lenders from time to time:
Financial Information and Reports. Until all the Obligations have been finally and indefeasibly paid and satisfied in full and the Commitments terminated, unless consent has been obtained in the manner set forth in Section 12.11, the Borrower will furnish or cause to be furnished to the Administrative Agent at the Administrative Agent's Office at the address set forth in Section 12.1 and to the Lenders at their respective addresses as set forth Schedule 1.1(a), or such other office as may be designated by the Administrative Agent and the Lenders from time to time:
Financial Information and Reports. 48 SECTION 6.1
Financial Information and Reports. The Company will keep proper books of record and account in which full, true and correct entries will be made of all dealings or transactions of or in relation to the business and affairs of the Company in accordance with the accounting basis used for income tax purposes and will furnish to the Mortgagee:
(a) As soon as available and in any event within one hundred twenty (120) days after the close of each fiscal year of the Company, copies of:
(i) a balance sheet of the Company as of the close of such fiscal year, and
(ii) a statement of operating income, retained earnings and cash flows of the Company for such fiscal year, in each case setting forth in comparative form the figures for the preceding fiscal year, all in reasonable detail and accompanied by a certificate of an officer of the Company to the effect that such financial statements have been prepared in accordance with the accounting basis used for tax purposes, are complete and correct and present fairly, in all material respects, the financial condition of the Company; provided, that if the financial statements required by this paragraph (a) shall be prepared by a firm of independent public accountants, then in lieu of a statement certified by an officer of the Company, copies of such statements shall be furnished to the Mortgagee at the times required by the preceding provisions of this paragraph (a);
(b) Within the periods provided in paragraph (a) above, the written statement of the Company, signed by an authorized officer of the Company, stating whether, to the best of his knowledge, there existed as of the date of such financial statements and on the date of the certificate any Default or Event of Default under this Mortgage, and specifying the nature and period of existence thereof and the action the Company is taking and proposes to take with respect thereto; and
(c) Such additional information as the Mortgagee may reasonably request concerning the Company. The Company will permit the Mortgagee (or such Persons as the Mortgagee may designate) to visit and inspect the Mortgaged Property under the Company’s guidance, to examine all of its books of account, records, reports and other papers, to make copies and extracts therefrom and to discuss its affairs, finances and accounts with its officers, agents and representatives, all at such reasonable times and as often as any such holder may reasonably desire, in each case subject to the terms and conditions set forth in the Lease, provided, t...
Financial Information and Reports. (a) Borrower represents that the fiscal year of Borrower currently ends January 31. Borrower agrees to notify CitiCapital in writing of any change in the fiscal year of Borrower at least 90 days prior to effectuating any such change. Borrower agrees to provide financial statements and such other information with respect to the business and operations of Borrower as CitiCapital may from time to time reasonably request. Without request, Borrower shall furnish to CitiCapital the following:
(i) As soon as available, and in any event within 125 days after the end of each annual fiscal year of RDO Equipment Co. ("Guarantor") and its Subsidiaries (as defined below), a copy of the complete audit report for such fiscal period and accompanying financial statements (including balance sheet, statement of cash flow and profit and loss statement) of Guarantor and its Subsidiaries as prepared in accordance with GAAP (as defined below) and certified by independent certified public accountants of recognized standing selected by Guarantor.
Financial Information and Reports. The Lessee shall provide the Lessor (i) as soon as available after the end of each fiscal year of each of the Lessee and each Guarantor, the Lessee's and each Guarantor's respective consolidated balance sheet, together with related statements of income, retained income and cash flows, all in reasonable detail and prepared in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accounts, and reviewed by an unaffiliated auditing firm; and (ii) with such other information respecting the Lessee's or either Guarantor's financial condition or operations as the Lessor may from time to time reasonably request, including without limitation quarterly financial information after a material adverse change in the financial condition of Lessee or either Guarantor. The Lessee's fiscal year ends December 31. Each Guarantor's fiscal year ends October 31.
Financial Information and Reports. (a) The Company will furnish the following information without charge to any Management Stockholder:
(i) within thirty (30) days after the end of each fiscal month of the Company other than the last such month of any fiscal quarter of the Company, consolidated statements of income and cash flows of the Company for such fiscal month and consolidated balance sheets of the Company as of the end of such fiscal month;
(ii) as soon as practicable, but in any event within thirty (30) days after the end of each of the first three (3) quarters of each fiscal year of the Company, unaudited statements of income and cash flows for such fiscal quarter, and an unaudited balance sheet as of the end of such fiscal quarter, with comparisons to the Approved Budget, all prepared in accordance with generally accepted accounting principles applied (“GAAP”) (except that such financial statements may (i) be subject to normal year-end audit adjustments and (ii) not contain all notes thereto that may be required in accordance with GAAP);
(iii) within sixty (60) days after the end of each fiscal year of the Company, the Company’s unaudited financial statements (balance sheet, income statement and statement of cash flows) as of the end of such fiscal year, prepared substantially in accordance with GAAP on a consistent basis (except that such financial statements may (i) be subject to normal year-end audit adjustments and (ii) not contain all notes thereto that may be required in accordance with GAAP);
(iv) within sixty (60) days after the commencement of each fiscal year of the Company, (A) a consolidated annual budget of the Company and its Subsidiaries for such fiscal year (such annual budget to include, budgeted statements of earnings and sources and uses of cash and balance sheets) and annual projections and estimates related thereto and (B) a consolidated capital expenditure budget of the Company and its Subsidiaries for such fiscal year (including a summary of the capital expenditures made or committed to by the Company and its Subsidiaries in the prior fiscal quarter) (together, the “Company Budgets”).
Financial Information and Reports. (a) The VAR shall furnish to InterSystems semi-annually a statement identifying each Sublicense Agreement executed by the VAR, together with any use of the Licensed Software by the VAR or its Affiliates, that occurred during the period in question, and identifying the request for approval relating to each such Sublicense Agreement or other use, accompanied by a letter from a duly authorized officer of the VAR certifying that such statement is true and correct.
(b) The VAR will at all times give InterSystems or its agents or representatives reasonable access to its premises and will permit the examination, copying, and extracting from its books and records and will from time to time furnish and make available to InterSystems all such information as InterSystems may reasonably request in order to verify the reports and payments due hereunder. InterSystems agrees that, during the period of this Agreement and at any time thereafter, InterSystems will not disclose any such information or data to any third person or to any of InterSystems’ officers, employees or agents not involved in or responsible for the performance of this obligation. In the event that the VAR reasonably believes (and so notifies InterSystems) that any such examination, copying and/or extracting from its books and records would result in the unacceptable disclosure of confidential or proprietary information of the VAR, a mutually acceptable third party, which shall be nationally recognized accounting firm, shall be designated by InterSystems and the VAR. Such mutually acceptable third party shall render a certification as to the matter in question. The costs of obtaining any such certification shall be borne equally by the parties. Any such accounting firm shall be required to execute a nondisclosure agreement in form and substance reasonably acceptable to the VAR prior to any such examination and related actions.
(c) The VAR will permit InterSystems to examine copies of Subcontracts executed with Users in order to enable InterSystems to verify that such Subcontracts comply with the provisions of this Agreement.
