Financial Statement Deliveries. Seller shall furnish or shall cause its independent accountants to furnish to Buyer, no later than 45 days after the Closing Date, (i) audited financial statements for Seller for the year ended 11/30/98, prepared in accordance with GAAP and in a form meeting the requirements of Regulation S-X of the Securities Act of 1933, as amended and (ii) unaudited financial statements for Seller for following interim periods: (A) 12/1/97 through 2/28/98, (B) 3/1/98 through 5/31/98, (C) 6/1/98 through 8/31/98 and (D) 9/1/98 through 11/30/98, prepared in accordance with GAAP and in a form meeting the requirements of Item 301 of Regulation S-K of the Securities Act of 1933, as amended. In addition, Seller shall, and shall cause its independent accountants to, cooperate in Buyer's efforts to prepare unaudited financial statements for the Seller for the stub period from 12/1/98 through and including the Closing Date. Seller acknowledges and agrees that time is of the essence in the performance of the provisions of this Section 4.4.
Financial Statement Deliveries. As soon as is reasonably practicable and in no event later than thirty-five (35) days from the last day of each fiscal month between the date of this Agreement and the Closing Date, the Company shall prepare and provide to Recap the monthly financial reports routinely prepared for management of the Company, including the profit and loss column reports, same store revenue reports, detail hospital profit and loss and regional consolidated reports, comparative profit and loss reports by region and any other financial reports prepared for management (the "UPDATED FINANCIAL STATEMENTS"), utilizing the same format and methodology used in preparing such reports as are provided internally to management. As soon as reasonably practicable between the date of this Agreement and the Closing Date, the Company shall deliver drafts of any Form 10-Q or Form 10-K, including any revisions or amendments thereto, prepared or filed by the Company.
Financial Statement Deliveries. As soon as is reasonably ------------------------------ practicable and in no event later than twenty-five (25) days from the last day of each fiscal month between the date of this Agreement and the Recap Closing Date, the Company shall prepare and provide to TNF monthly historical financial statements (the "Monthly Financial Statements") for the Company, utilizing the ---------------------------- same methodology currently used in preparing the financial statements included in the Company's unaudited 1998 financial statements.
Financial Statement Deliveries. As soon as is reasonably practicable and in no event later than thirty (30) days from the last day of each fiscal month, each fiscal quarter and each fiscal year between the date of this Agreement and the Closing Date, the Company shall prepare and provide to Recap monthly, quarterly or yearly historical financial statements, as applicable (the "Update Financial Statements") for the Company, utilizing the same format and methodology used in preparing the financial statements that are provided internally to management. As soon as reasonably practicable between the date of this Agreement and the Closing Date, the Company shall deliver drafts of any Form 10-Q or Form 10-K, including any revisions or amendments thereto, prepared or filed by the Company.
Financial Statement Deliveries. 64 7.11. FINANCING................................................................ 64 7.12. DIRECTORS' AND OFFICERS' INSURANCE AND INDEMNIFICATION................... 65
Financial Statement Deliveries. As soon as is reasonably practicable and in no event later than 15 Business Days from the last day of each fiscal month between the date hereof and the Closing Date, each of the Company and Gart shall prepare and provide to the other party the monthly financial reports routinely prepared for management of such party, utilizing the same format and methodology used in preparing such reports as are provided internally to management of such party (provided, however, that, if the end of the fiscal quarter of such party occurs in such fiscal month, then such party shall provide to the other party such reports no later than 45 days from the last day of such fiscal month, and, if the end of the fiscal year of such party occurs in such fiscal month, then such party shall provide to the other party such reports no later than 90 days from the last day of such fiscal month). As soon as reasonably practicable between the date hereof and the Closing Date, each of the Company and Gart shall deliver any Form 10-Q or Form 10-K, including any amendments thereto, prepared or filed by such party.
Financial Statement Deliveries. As soon as is reasonably practicable and in no event later than twenty five (25) days from the last day of each fiscal month between the date of this Agreement and the Closing Date, Seller shall prepare and provide to Purchaser monthly consolidated balance sheets of the Company and the Company Subsidiaries and related consolidated statements of income utilizing the same methodology currently used in preparing the Company's consolidated financial statements but in all events in accordance with GAAP.
Financial Statement Deliveries. The Company shall have delivered to ------------------------------ Buyer unaudited financial statements for the year ended February 28, 1998. These financial statements shall be subject to the same representations and warranties of Section 4.10 of this Agreement.
Financial Statement Deliveries. Lessee shall with respect to itself and each Guarantor deliver to Lessor, (1) as soon as practicable but in no event later than 90 days after the closing of each fiscal year of such person, complete financial statements of such person, prepared in accordance with GAAP, unqualified and audited by nationally recognized independent certified public accountants, and (2) as soon as practicable but in no event later than 45 days after the close of each fiscal quarter of such person, copies of such person’s quarterly financial report prepared in accordance with GAAP, provided, however, that Lessee shall be deemed to have complied with the foregoing requirements in clauses (1) and (2) with respect to Lessee and/or each Guarantor, as applicable, if such entity files Forms 10-K and 10-Q with the Securities and Exchange Commission that are publicly available within the time frames set forth above, and all such financial statements (or Forms 10-Q and 10-K) shall fairly present the financial condition and the results of operations of the respective person as of the date of and for the period covered by such statements.
Financial Statement Deliveries. (a) Seller shall, at its sole cost and expense (except as otherwise provided in, and without limiting, Section 5.24(c)), use reasonable best efforts to deliver, and cause the Independent Audit Firm (as defined below) to assist in delivering, to Parent, as soon as reasonably practicable, but at least fifteen (15) days prior to the last date on which Parent may timely file the Required Financial Information pursuant to the requirements of Item 9.01 of Form 8-K for a business acquisition required to be described in answer to Item 2.01 of Form 8-K: (i) (x) audited statements of assets acquired and liabilities assumed of the Business as of April 30, 2022, and the related audited statement of revenues and direct expenses of the Business for the fiscal year ended April 30, 2022 (including the accompanying notes to the foregoing financial statements), in each case containing an unqualified audit opinion by Ernst & Xxung LLP or another accounting firm of national standing registered with the Public Company Accounting Oversight Board (such accounting firm, the “Independent Audit Firm”) and (y) an unaudited statement of assets acquired and liabilities assumed of the Business as of January 31, 2023, and related unaudited statements of revenues and direct expenses of the Business for the nine (9) months ended January 31, 2023 (including the accompanying notes to the foregoing financial statements), which financial statements described in clauses (x) and (y) above shall, subject to Section 5.24(a)(iv), satisfy the presentation requirements for abbreviated statements set forth in paragraph (e)(2) of Rule 3-05 under Regulation S-X;
(ii) unaudited statements of revenues and direct expenses of the Business prepared in the same manner as the unaudited financial statements required to be delivered as provided in Section 5.24(a)(i) above, for each of the three (3) month periods ended July 31, 2022 and 2021;
