Common use of Financial Statements and Accounting Clause in Contracts

Financial Statements and Accounting. Each of Manitowoc ParentCo and SpinCo agrees to provide the assistance or access set forth in subsections (a), (b) and (c) of this Section 4.9 as follows: (i) during an initial period that shall expire upon the latest to occur of (x) 365 days following the Distribution Date, (y) the date that Manitowoc ParentCo files its Annual Financial Statement for the year ended December 31, 2016 with the SEC and (z) the date that SpinCo files its Annual Financial Statement for the year ended December 31, 2016 with the SEC, in connection with the preparation and audit of each party’s Interim Financial Statements and Annual Financial Statements, the printing, filing and public dissemination of such Interim Financial Statements and Annual Financial Statements, the audit of each party’s internal control over financial reporting and management’s assessment thereof and management’s assessment of each party’s disclosure controls and procedures, if required, in each case made as of December 31, 2015 and December 31, 2016; (ii) following the initial period described in clause (i) of this paragraph, with the consent of the applicable party (not to be unreasonably withheld or delayed) for reasonable business purposes; (iii) in the event that any party changes its auditors within two years of the Distribution Date, then such party may request reasonable access on the terms set forth in this Section 4.9 for a period of up to 180 days from such change; and (iv) from time to time following the Distribution Date, to the extent reasonably necessary to respond (and for the limited purpose of responding) to any written request or official comment from a governmental authority, such as in connection with responding to a comment letter from the SEC.

Financial Statements and Accounting. Each Without limiting the provisions of Manitowoc ParentCo and SpinCo Section 7.3, each Party agrees to provide the following assistance or and reasonable access to its properties, records, other Information and personnel set forth in subsections (a), (b) and (c) of this Section 4.9 as follows: 7.4, (i) during an initial period that shall expire upon at any time, with the latest consent of the other applicable Party (not to occur be unreasonably withheld, delayed or conditioned) for reasonable business purposes relating to financial reporting and any filing made with the SEC pursuant to the Securities Act or the Exchange Act; (ii) from the Effective Time until the completion of (x) 365 days following the Distribution Date, (y) the date that Manitowoc ParentCo files its Annual Financial Statement each Party’s audit for the fiscal year ended ending December 31, 2016 with the SEC and (z) the date that SpinCo files its Annual Financial Statement for the year ended December 31, 2016 with the SEC2018, in connection with the preparation and audit of each partyParty’s Interim Financial Statements and Annual Financial Statementsfinancial statements for the fiscal year ended December 31, 2018, the printing, filing and public dissemination of such Interim Financial Statements financial statements and Annual Financial Statements, the audit of each partyParty’s internal control controls over financial reporting and management’s assessment thereof and management’s assessment of each partyParty’s disclosure controls and procedures, if required, in each case made as of December 31, 2015 and December 31, 2016; (ii) following the initial period described in clause (i) of this paragraph, with the consent of the applicable party (not to be unreasonably withheld or delayed) for reasonable business purposes; (iii) in the event that any party either Party changes its independent auditors within two (2) years of following the Distribution Date, then such party Party may request reasonable access on the terms set forth in this Section 4.9 7.4 for a period of up to 180 one hundred and eighty (180) days from such change; and (iv) from time to time following the Distribution Date, to the extent reasonably necessary to respond (and for the limited purpose of responding) to any written request or official comment from a governmental authorityGovernmental Authority, such as in connection with responding to a comment letter from the SEC.. Without limiting the foregoing, each Party agrees as follows:

Financial Statements and Accounting. Each Without limiting the provisions of Manitowoc ParentCo and SpinCo Section 7.3, each Party agrees to provide the following assistance or and reasonable access to its properties, records, other Information and personnel set forth in subsections (a), (b) and (c) of this Section 4.9 as follows: 7.4, (i) during an initial period that shall expire upon at any time, with the latest consent of the other applicable Party (not to occur be unreasonably withheld, delayed or conditioned) for reasonable business purposes relating to financial reporting and any filing made with the SEC pursuant to the Securities Act or the Exchange Act; (ii) from the Effective Time until the completion of (x) 365 days following the Distribution Date, (y) the date that Manitowoc ParentCo files its Annual Financial Statement each Party’s audit for the fiscal year ended ending December 31, 2016 with the SEC and (z) the date that SpinCo files its Annual Financial Statement for the year ended December 31, 2016 with the SEC2018, in connection with the preparation and audit of each partyParty’s Interim Financial Statements and Annual Financial Statementsfinancial statements for the fiscal year ended December 31, 2018, the printing, filing and public dissemination of such Interim Financial Statements financial statements and Annual Financial Statements, the audit of each partyParty’s internal control controls over financial reporting and management’s assessment thereof and management’s assessment of each partyParty’s disclosure controls and procedures, if required, in each case made as of December 31, 2015 and December 31, 2016; (ii) following the initial period described in clause (i) of this paragraph, with the consent of the applicable party (not to be unreasonably withheld or delayed) for reasonable business purposes; (iii) in the event that any party either Party changes its independent auditors within two (2) years of following the Distribution Date, then such party Party may request reasonable access on the terms set forth in this Section 4.9 7.4 for a period of up to 180 one hundred eighty (180) days from such change; and (iv) from time to time following the Distribution Date, to the extent reasonably necessary to respond (and for the limited purpose of responding) to any written request or official comment from a governmental authorityGovernmental Authority, such as in connection with responding to a comment letter from the SEC.. Without limiting the foregoing, each Party agrees as follows: