Financial Reports and Records Sample Clauses

Financial Reports and Records. Within sixty (60) days after the close of each Calendar Quarter in which there are any Net Sales subject to the payment of royalties or other amounts under this Agreement, Payor shall furnish to Payee a statement of Net Sales of each Licensed Product for such Calendar Quarter setting forth the Net Sales for each country in which Licensed Products were sold during such Calendar Quarter, and a calculation of royalties due pursuant to Article 6 (including any currency conversions). Payor will mail such report to Payee pursuant to Section 14.4. The amount of the royalty payment due to Payee with respect to such Calendar Quarter shall be paid by Payor concurrently with the remittance of each royalty report. Interest shall accrue on any payments due under this Agreement (including royalties) not paid when due through and including the date upon which Payee is paid the funds in accordance herewith at a rate equal to the lesser of (i) [*], or (ii) the maximum interest rate allowed by Applicable Laws.
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Financial Reports and Records. Manager shall maintain separate, complete and accurate books and records for the leasing activities to farmers at the Premises.. Manager need not make any decisions of an accounting nature, and shall merely: (i) record receipts and disbursements concerning the Premises; and (ii) maintain asset listings as required to allow Pure Cycle to apply expense, depreciation, amortization and similar records. Pure Cycle shall be responsible for all determinations of write downs or write offs of assets. Manager shall not decide the expense, depreciation or amortization treatment or period of any asset or expenditure. Manager need not maintain such books and records in accordance with the Internal Control-Integrated Framework issued by the Committee of Sponsoring Organizations of the Xxxxxxxx Commission (COSO) unless Pure Cycle pays all the direct and indirect costs of doing so. All books and records shall be maintained for the duration of the Agreement and be returned to Pure Cycle at the expiration or termination of this Agreement. Manager shall insure that controls over financial reporting and significant processes are properly designed as to Manager’s activities hereunder to capture and report all receipts and disbursements, and additions to assets and removal of assets, owned by Pure Cycle and for which Manager conducted the addition or removal. ..Within twenty (20) days of each calendar month end, Manager shall prepare and provide to Pure Cycle, in a format agreed upon by both parties, the Standard Reports as detailed under Exhibit A attached hereto (the “Standard Reports”). The Standard Reports may be changed from time to time by mutual agreement of the parties. Manager shall provide, at Pure Cycle’s cost and expense, special “customized” reports, which Pure Cycle may reasonably request in writing from Manager. Within thirty (30) days of receipt of a request by Pure Cycle for a customized report, Manager shall respond by written proposal showing the proposed format of such report and Manager’s cost (including those of any third party service providers or vendors) to produce the report. Pure Cycle or its representatives may conduct examinations, during normal business hours and upon prior notice, which may be given verbally, of the books and records maintained for Pure Cycle by Manager. Pure Cycle or its representatives also may perform any and all additional tests or procedures relating to Manager’s activities, either at the Premises or at the office of Manager;...
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Financial Reports and Records. Manager shall keep proper and suitable books and records for the Hotel as reasonably required to protect RoseStar's assets from theft, error or fraudulent activity. (a) Manager shall provide reports with respect to the Hotel as set forth in Exhibit A and such other reports as RoseStar may from time to time request. (b) All financial statements and reports will be prepared in accordance with accounting principles established by RoseStar; if RoseStar does not specify accounting principles to be followed by Manager, then Manager shall keep books and records in accordance with the Uniform System of Accounts for Hotels as approved by the American Hotel Association. (c) RoseStar or its representatives may, at any time, conduct examinations of the books and records maintained for RoseStar by Manager. RoseStar also may perform any and all additional audit tests relating to Manager's activities with respect to this Agreement at any appropriate place. Any and all such audits shall be at the sole expense of RoseStar subject, however, to RoseStar's indemnification rights. All books and records shall be preserved throughout the Management Period, upon termination of this Agreement shall be promptly delivered to RoseStar, and shall at all times remain the exclusive property of RoseStar.
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Financial Reports and Records. Manager shall keep proper and suitable books and records for either Hotel as reasonably required to protect RoseStar Southwest's assets from theft, error or fraudulent activity. (a) Manager shall provide reports with respect to each Hotel as set forth in Exhibit A and such other reports as RoseStar Southwest may from time to time request. (b) All financial statements and reports will be prepared in accordance with accounting principles established by RoseStar Southwest; if RoseStar Southwest does not specify accounting principles to be followed by Manager, then Manager shall keep books and records in accordance with the Uniform System of Accounts for Hotels as approved by the American Hotel Association. (c) RoseStar Southwest or its representatives may, at any time, conduct examinations of the books and records maintained for RoseStar Southwest by Manager. RoseStar Southwest also may perform any and all additional audit tests relating to Manager's activities with respect to this Agreement at any appropriate place. Any and all such audits shall be at the sole expense of RoseStar Southwest subject, however, to RoseStar Southwest's indemnification rights. All books and records shall be preserved throughout the Management Period, upon termination of this Agreement shall be promptly delivered to RoseStar Southwest, and shall at all times remain the exclusive property of RoseStar Southwest.
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Financial Reports and Records. Manager shall keep proper and suitable books and records for the Resort as reasonably required to protect WCH's assets from theft, error or fraudulent activity. (a) Manager shall provide reports with respect to the Resort as set forth in Exhibit A and such other reports as WCH may from time to time request. (b) All financial statements and reports will be prepared in accordance with accounting principles established by WCH; if WCH does not specify accounting principles to be followed by Manager, then Manager shall keep books and records in accordance with the Uniform System of Accounts for Hotels as approved by the American Hotel Association. (c) WCH or its representatives may, at any time, conduct examinations of the books and records maintained for WCH by Manager. WCH also may perform any and all additional audit tests relating to Manager's activities with respect to this Agreement at any appropriate place. Any and all such audits shall be at the sole expense of WCH subject, however, to WCH's indemnification rights. All books and records shall be preserved throughout the Management Period, upon termination of this Agreement shall be promptly delivered to WCH, and shall at all times remain the exclusive property of WCH.
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Financial Reports and Records. (a) SMC shall keep proper and suitable books and records for the Property or Properties which are the subject of the Subsidiary Asset Management Agreement as reasonably required to protect such Subsidiary's assets from theft, error or fraudulent activity. (b) SMC shall provide reports with respect to the Property or Properties as set forth in Exhibit C and such other reports as such Subsidiary may from time to time request. (c) All financial statements and reports with respect to a Property will be prepared in accordance with accounting principles established by such Subsidiary and consistent with the requirements of the Lease to which such Property is subject; if such Subsidiary does not specify accounting principles to be followed by SMC, then SMC shall keep books and records in accordance with the Uniform System of Accounts for Hotels as approved by the American Hotel Association. (d) Such Subsidiary or its representatives may, at any time, conduct examinations of the books and records maintained for such Subsidiary by SMC. Such Subsidiary also may perform any and all additional audit tests relating to SMC's activities with respect to this Agreement or the Subsidiary Asset Management Agreement at any appropriate place. Any and all such audits shall be at the sole expense of such Subsidiary subject, however, to such Subsidiary's indemnification rights. All books and records shall be preserved throughout the Management Period, upon termination of this Agreement shall be promptly delivered to such Subsidiary, and shall at all times remain the exclusive property of such Subsidiary.
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Financial Reports and Records. Manager shall keep proper and suitable books and records for the Hotel as reasonably required to protect Crescent's assets from theft, error or fraudulent activity. (a) Manager shall provide reports as set forth in Exhibit A and such other reports as Crescent may from time to time request. (b) All financial statements and reports will be prepared in accordance with accounting principles established by Crescent; if Crescent does not specify accounting principles to be followed by Manager, then Manager shall keep books and records in accordance with the Uniform System of Accounts for Hotels as approved by the American Hotel Association. (c) Crescent or its representatives may, at any time, conduct examinations of the books and records maintained for Crescent by Manager. Crescent also may perform any and all additional audit tests relating to Manager's activities at any appropriate place. Any and all such audits shall be at the sole expense of Crescent subject, however, to Crescent's indemnification rights. All books and records shall be preserved throughout the Management Period, upon termination of this Agreement shall be promptly delivered to Crescent, and shall at all times remain the exclusive property of Crescent.
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Financial Reports and Records. 92 SECTION 28.1 ARTICLE 29 - SURRENDER AT END OF TERM..............................................,..................,...........,.................... 95
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Financial Reports and Records 
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Related to Financial Reports and Records

  • BOOKS AND RECORDS; FINANCIAL REPORTING (a) Borrower shall keep and maintain at all times at the Mortgaged Property or the management agent's office, and upon Lender's request shall make available at the Mortgaged Property (or, at Borrower's option, at the management agent's office), complete and accurate books of account and records (including copies of supporting bills and invoices) adequate to reflect correctly the operation of the Mortgaged Property, and copies of all written contracts, Leases, and other instruments which affect the Mortgaged Property. The books, records, contracts, Leases and other instruments shall be subject to examination and inspection by Lender at any reasonable time. (b) Within 120 days after the end of each fiscal year of Borrower, Borrower shall furnish to Lender a statement of income and expenses for Borrower's operation of the Mortgaged Property for that fiscal year, a statement of changes in financial position of Borrower relating to the Mortgaged Property for that fiscal year and, when requested by Lender, a balance sheet showing all assets and liabilities of Borrower relating to the Mortgaged Property as of the end of that fiscal year. If Borrower's fiscal year is other than the calendar year, Borrower must also submit to Lender a year-end statement of income and expenses within 120 days after the end of the calendar year. (c) Within 120 days after the end of each calendar year, and at any other time, upon Lender's request, Borrower shall furnish to Lender each of the following. However, Lender shall not require any of the following more frequently than quarterly except when there has been an Event of Default and such Event of Default is continuing, in which case Lender may, upon written request to Borrower, require Borrower to furnish any of the following more frequently: (i) a rent schedule for the Mortgaged Property showing the name of each tenant, and for each tenant, the space occupied, the lease expiration date, the rent payable for the current month, the date through which rent has been paid, and any related information requested by Lender; (ii) an accounting of all security deposits held pursuant to all Leases, including the name of the institution (if any) and the names and identification numbers of the accounts (if any) in which such security deposits are held and the name of the person to contact at such financial institution, along with any authority or release necessary for Lender to access information regarding such accounts; and (iii) a statement that identifies all owners of any interest in Borrower and any Controlling Entity and the interest held by each (unless Borrower or any Controlling Entity is a publicly-traded entity in which case such statement of ownership shall not be required), if Borrower or a Controlling Entity is a corporation, all officers and directors of Borrower and the Controlling Entity, and if Borrower or a Controlling Entity is a limited liability company, all managers who are not members. (d) At any time upon Lender's request, Borrower shall furnish to Lender each of the following. However, Lender shall not require any of the following more frequently than quarterly except when there has been an Event of Default and such Event of Default is continuing, in which case Lender may require Borrower to furnish any of the following more frequently: (i) a balance sheet, a statement of income and expenses for Borrower and a statement of changes in financial position of Borrower for Borrower's most recent fiscal year; (ii) a quarterly or year-to-date income and expense statement for the Mortgaged Property; and (iii) a monthly property management report for the Mortgaged Property, showing the number of inquiries made and rental applications received from tenants or prospective tenants and deposits received from tenants and any other information requested by Lender. (e) Upon Lender's request at any time when an Event of Default has occurred and is continuing, Borrower shall furnish to Lender monthly income and expense statements and rent schedules for the Mortgaged Property. (f) An individual having authority to bind Borrower shall certify each of the statements, schedules and reports required by Sections 14(b) through 14(e) to be complete and accurate. Each of the statements, schedules and reports required by Sections 14(b) through 14(e) shall be in such form and contain such detail as Lender may reasonably require. Lender also may require that any of the statements, schedules or reports listed in Section 14(b) and 14(c)(i) and (ii) be audited at Borrower's expense by independent certified public accountants acceptable to Lender, at any time when an Event of Default has occurred and is continuing or at any time that Lender, in its reasonable judgment, determines that audited financial statements are required for an accurate assessment of the financial condition of Borrower or of the Mortgaged Property. (g) If Borrower fails to provide in a timely manner the statements, schedules and reports required by Sections 14(b) through (e), Lender shall give Borrower Notice specifying the statements, schedules and reports required by Section 14(b) through (e) that Borrower has failed to provide. If Borrower has not provided the required statements, schedules and reports within 10 Business Days following such Notice, then Lender shall have the right to have Borrower's books and records audited, at Borrower's expense, by independent certified public accountants selected by Lender in order to obtain such statements, schedules and reports, and all related costs and expenses of Lender shall become immediately due and payable and shall become an additional part of the Indebtedness as provided in Section 12. Notice to Borrower shall not be required in the case of an emergency, as determined in Lender's discretion, or when an Event of Default has occurred and is continuing. (h) If an Event of Default has occurred and is continuing, Borrower shall deliver to Lender upon written demand all books and records relating to the Mortgaged Property or its operation. (i) Borrower authorizes Lender to obtain a credit report on Borrower at any time.

  • Financial Reports Borrowers shall furnish to Agent and each Lender (i) as soon as available and in any event within one hundred twenty (120) calendar days after the end of each fiscal year of Borrowers, annual financial statements of Borrowers on a Consolidated Basis and on a consolidating basis, including the notes thereto, consisting of a consolidated and consolidating balance sheet at the end of such completed fiscal year and the related consolidated and consolidating statements of income, consolidated (but not consolidating) retained earnings, consolidated (but not consolidating) cash flows and consolidated (but not consolidating) owners' equity for such completed fiscal year, which consolidated financial statements shall be audited and shall be accompanied by an opinion of a Big Four accounting firm (or other independent certified public accounting firm reasonably satisfactory to Agent), which opinion shall not be qualified as to going concern or scope of audit; (ii) as soon as available and in any event within forty-five (45) calendar days after the end of each fiscal quarter of Borrowers (other than the last fiscal quarter of each fiscal year), unaudited financial statements of Borrowers on a Consolidated Basis and on a consolidating basis consisting of a consolidated and consolidating balance sheet and consolidated and consolidating statements of income, consolidated (but not consolidating) retained earnings and consolidated (but not consolidating) cash flows and consolidated (but not consolidating) owners' equity as of the end of such fiscal quarter; and (iii) as soon as available and in any event within thirty (30) calendar days after the end of each calendar month (other than the last calendar month of a fiscal quarter), unaudited financial statements of Borrowers on a Consolidated Basis consisting of a balance sheet and statements of income, retained earnings, cash flows and owners' equity as of the end of the immediately preceding calendar month. All such financial statements shall be prepared in accordance with GAAP consistently applied with prior periods. With each such financial statement, Borrowing Agent shall also deliver a certificate of its chief financial officer stating that (A) such person has reviewed the relevant terms of the Loan Documents and the condition of Borrowers, (B) no Default or Event of Default has occurred or is continuing, or, if any of the foregoing has occurred or is continuing, specifying the nature and status and period of existence thereof and the steps taken or proposed to be taken with respect thereto, and (C) Borrowers are in compliance with all financial covenants attached as Annex I hereto. Such certificate shall be accompanied by the calculations necessary to show compliance with the financial covenants in a form reasonably satisfactory to Agent. All consolidating statements required under this Section 6.1(a) or elsewhere in this Agreement shall be prepared for each Business Group of Borrowers and its Subsidiaries and not with respect to any individual Borrower or Subsidiary.

  • Reports and Records The Custodian shall: 11.1 create and maintain records relating to the performance of its obligations under this Agreement; 11.2 make available to the Fund, its auditors, agents and employees, upon reasonable request and during normal business hours of the Custodian, all records maintained by the Custodian pursuant to Section 11.1 above, subject, however, to all reasonable security requirements of the Custodian then applicable to the records of its custody customers generally; and 11.3 make available to the Fund all Electronic Reports; it being understood that the Custodian shall not be liable hereunder for the inaccuracy or incompleteness thereof or for errors in any information included therein except to the extent that such inaccuracy, incompleteness or errors are the result of the Custodian's negligence, bad faith or willful misconduct. All such reports and records shall, to the extent applicable, be maintained and preserved in conformity with the 1940 Act and the rules and regulations thereunder. The Fund shall examine all records, howsoever produced or transmitted, promptly upon receipt thereof and notify the Custodian promptly of any discrepancy or error therein. Unless the Fund delivers written notice of any such discrepancy or error within a reasonable time after its receipt thereof, such records shall be deemed to be true and accurate. It is understood that the Custodian now obtains and will in the future obtain information on the value of assets from outside sources which may be utilized in certain reports made available to the Fund. The Custodian deems such sources to be reliable but it is acknowledged and agreed that the Custodian does not verify nor represent nor warrant as to the accuracy or completeness of such information and accordingly shall be without liability in selecting and using such sources and furnishing such information as long as the Custodian has shown due diligence in attempting to receive complete and accurate information.

  • Financial Statements; Internal Controls (a) The audited consolidated financial statements and unaudited consolidated interim financial statements of the Company included in the Company SEC Documents (i) complied as to form, as of their respective filing dates with the SEC, in all material respects with the applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, (ii) were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except, in the case of unaudited financial statements, for the absence of footnotes, none of which, if presented, would materially differ from those in the audited financial statements), and (iii) fairly presented (except as may be indicated in the notes thereto) in all material respects the consolidated financial position of the Company and its consolidated Subsidiaries as of the dates thereof and their consolidated results of operations and cash flows for the periods presented therein (subject to normal recurring year-end adjustments in the case of any unaudited interim financial statements that would not, individually or in the aggregate, be material to the Company and its Subsidiaries, taken as a whole). (b) The Company has established and maintains a system of internal control over financial reporting (as defined in Rules 13a-15(f) and 15d-15(f) under the Exchange Act) as required by Rules 13a-15 and 15d-15 of the Exchange Act that is sufficient to provide reasonable assurance that (i) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP, (ii) receipts and expenditures are executed only in accordance with authorizations of the Company’s management and directors, and (iii) any unauthorized use, acquisition or disposition of the Company’s or its Subsidiaries’ assets that would materially affect the Company’s financial statements would be prevented, or detected, in a timely manner. Since December 31, 2017, there has not been any (i) material weaknesses, or significant deficiencies that in the aggregate would amount to a material weakness (as such terms are defined in Rule 1-02(a)(4) of Regulation S-X), identified in the Company’s, or its Subsidiaries’, design or operation of internal controls, (ii) to the Knowledge of the Company, illegal act or fraud that involves management or other employees of the Company and its Subsidiaries who have a significant role in the Company’s internal controls over financial reporting (nor has any such deficiency, weakness or fraud been identified) or (iii) to the Knowledge of the Company, claim or allegation (in each case, made in writing) of any of the foregoing. (c) The Company has established and maintains “disclosure controls and procedures” (as defined in Rules 13a-15(e) and 15d-15(e) under the Exchange Act) as required by Rules 13a-15 and 15d-15 of the Exchange Act that are designed and maintained to ensure that (i) all information (both financial and non-financial) required to be disclosed by the Company in the reports that it files or submits under the Exchange Act is recorded, processed, summarized and reported to the individuals responsible for preparing such reports within the time periods specified in the rules and forms of the SEC and (ii) all such information is accumulated and communicated to the Company’s management as appropriate to allow timely decisions regarding required disclosure and to make the certifications of the principal executive officer and principal financial officer of the Company required under the Exchange Act and Sections 302 and 906 of the Xxxxxxxx-Xxxxx Act with respect to such reports. (d) Neither the Company nor any of its Subsidiaries is a party to, is subject to, or has any commitment to become a party to or subject to, any off balance sheet partnership or any similar Contract, including any Contract or arrangement relating to any transaction or relationship between or among the Company and any of its Subsidiaries, on the one hand, and any unconsolidated Affiliate, including any structured finance, special purpose or limited purpose entity or Person, on the other hand, or any “off balance sheet arrangements” (as defined in Item 303(a) of Regulation S-K under the Exchange Act) where the result, purpose or effect of such Contract or arrangement is to avoid disclosure of any material transaction involving, or material liabilities of, the Company or any of its Subsidiaries in the Company SEC Documents or in the Company’s or such Subsidiary’s published financial statements.

  • Financial Reports, Etc 74 9.2. Maintain Properties............................................................................76 9.3. Existence, Qualification, Etc..................................................................76 9.4. Regulations and Taxes..........................................................................76 9.5. Insurance, Proceeds and Condemnation...........................................................76 9.6.

  • Financial Records 26.1.1 CONTRACTOR shall prepare and maintain accurate and complete financial records. Financial records shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final payment under this Contract, or until all pending COUNTY, State, and federal audits are completed, whichever is later. 26.1.2 CONTRACTOR shall establish and maintain reasonable accounting, internal control, and financial reporting standards in conformity with generally accepted accounting principles established by the American Institute of Certified Public Accountants and to the satisfaction of ADMINISTRATOR.

  • Special Reports and Services (i) Ultimus may provide additional special reports upon the request of the Trust or a Portfolio's investment adviser, which may result in an additional charge, the amount of which shall be agreed upon between the parties. (ii) Ultimus may provide such other similar services with respect to a Portfolio as may be reasonably requested by the Trust, which may result in an additional charge, the amount of which shall be agreed upon between the parties.

  • Financial Report 7.1.1 A certified interim financial report shall be submitted to IOM no later than [Date (A)]. The interim financial report shall present how the contribution from IOM has been used from the start date of the project to [Date]. 7.1.1. Certified interim financial reports shall be submitted to IOM within 30 days from the below listed reporting date. The interim financial reports shall present how the contribution from IOM has been used from the start date of the project up to the reporting date. 1st Interim Report e.g. 30 June 201X 2nd Interim Report e.g. 31 December 201X

  • SPECIAL REPORTS Generate or develop and distribute special data, notices, reports, programs and literature required by Institutions or by Account holders generally in light of developments, such as changes in tax laws; and

  • Financial Management, Financial Reports and Audits 1. The Recipient shall maintain or cause to be maintained a financial management system in accordance with the provisions of Section 4.09 of the General Conditions. 2. Without limitation on the provisions of Part A of this Section, the Recipient shall prepare and furnish to the Association not later than forty-five (45) days after the end of each calendar quarter, interim unaudited financial reports for the Project covering the quarter, in form and substance satisfactory to the Association. 3. The Recipient shall have its Financial Statements audited in accordance with the provisions of Section 4.09(b) of the General Conditions. Each audit of the Financial Statements shall cover the period of one (1) fiscal year of the Recipient. The audited Financial Statements for each such period shall be furnished to the Association not later than six (6) months after the end of such period.

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