Financial Statements and Reports to Shareholders. The Company covenants and agrees that, commencing on the date of this Agreement and ending upon a Qualified IPO, the Company shall deliver to each Investor, in English and in a form acceptable to such Investor:
Financial Statements and Reports to Shareholders. The Company will deliver to each Major Shareholder:
Financial Statements and Reports to Shareholders. As long as an Investor (together with any affiliate) or Investors advised by the same investment advisor or its transferee holds not less than 800,000 shares of Convertible Securities of the Company (or an equivalent number of shares consisting of Registrable Securities issued upon conversion or exercise of the Convertible Securities of the Company or a combination of such Registrable Securities and such Convertible Securities), as adjusted for recapitalizations, stock splits, stock dividends and the like, the Company will deliver to such Investor as soon as practicable after the end of each fiscal year of the Company, and in any event within 120 days thereafter, an audited consolidated balance sheet of the Company as of the end of such year and audited consolidated statements of income, which year-end financial reports shall be in reasonable detail and shall be prepared in accordance with generally accepted accounting principles in the United States applied on a consistent basis for the period indicated and accompanied by the opinion of independent public accountants of nationally recognized standing selected by the Company. Nextest Systems Corporation Information and Registration Rights Agreement
Financial Statements and Reports to Shareholders. The Company shall deliver to each Investor as soon as practicable after the end of each fiscal year of the Company, and in any event within 90 days thereafter, an audited consolidated balance sheet of the Company as of the end of such year and audited consolidated statements of income, shareholders' equity and cash flow for such year, which year-end financial reports shall be in reasonable detail and shall be prepared in accordance with generally accepted accounting principles and accompanied by the opinion of independent public accountants of nationally recognized standing selected by the Company. In addition, the Company shall deliver to the Investors: (a) contemporaneously with delivery to holders of Common Stock, a copy of each report of the Company delivered to holders of Common Stock and (b) an annual capitalization summary.
Financial Statements and Reports to Shareholders. The Company shall ------------------------------------------------ deliver to the Investors as soon as practicable after the end of each fiscal year of the Company, and in any event within 150 days thereafter, an audited consolidated balance sheet of the Company as of the end of such year and audited consolidated statements of income, shareholders' equity and cash flows for such year, which year-end financial reports shall be in reasonable detail and shall be accompanied by the opinion of independent public accountants of recognized national standing selected by the Company. As soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company and in any event within 45 days thereafter, the Company shall deliver to the Investors a consolidated balance sheet of the Company and its subsidiaries, if any, as of the end of each such quarterly period, and consolidated statements of income and cash flows of the Company and its subsidiaries for such period and for the current fiscal year to date, prepared in accordance with generally accepted accounting principles, all in reasonable detail and signed, subject to changes resulting from year-end audit adjustments, by the principal financial or accounting officer of the Company.
Financial Statements and Reports to Shareholders. The Company will ------------------------------------------------ maintain true books and records of accounts in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied, and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles consistently applied. A Holder of 125,000 shares of the Company's originally issued Series C Preferred Stock shall be entitled to receive such interim financial statements as are prepared for the Company's Board of Directors. As long as a Holder of Series B Preferred (together with any affiliate thereof) or a transferee permitted under Section 1.15 hereof holds not less than 500,000 shares of the Company's originally issued Series B Preferred or Common Stock issued upon conversion thereof, or as long as a Holder of Series C Preferred (together with any affiliate thereof) or a transferee permitted under Section 1.15 hereof holds not less than 62,500 shares of the Company's originally issued Series C Preferred or Common Stock issued upon conversion thereof, the Company will deliver to such Purchasers:
Financial Statements and Reports to Shareholders. 2.1 The Company shall deliver to each Major Investor:
Financial Statements and Reports to Shareholders. As long as an ------------------------------------------------ Investor (together with any affiliates) or its transferee holds either (i) not less than twenty percent (20%) of a class or series of the Registrable Securities then outstanding or (ii) Registrable Securities with an original cost to such Investor of $500,000, the Company shall deliver to such Investor as soon as practicable after the end of each fiscal year of the Company, and in any event within 90 days thereafter, an audited consolidated balance sheet of the Company as of the end of such year and audited consolidated statements of income, shareholders' equity and cash flows for such year, and any related management letter from the Company's accountants, which year-end financial reports shall be in reasonable detail, and shall be prepared by an independent "Big Five" public accounting firm in accordance with generally accepted accounting principles and fairly reflecting the fiscal affairs of the Company to the date thereof. In addition, the Company shall deliver to each such Investor (together with any affiliates) or its transferee holding either (i) not less than twenty percent (20%) of a class or series of the Registrable Securities then outstanding or (ii) Registrable Securities with an original cost to such Investor of $500,000: (a) as soon as practicable after the end of each fiscal quarter of the Company, and in any event within 30 days thereafter, financial statements of the Company on a quarterly basis prepared in accordance with generally accepted accounting principles, consistently applied, fairly reflecting the fiscal affairs of the Company to the date thereof and certified by the Chief Financial Officer of the Company, and (b) contemporaneously with delivery to holders of Common Stock, a copy of each report of the Company delivered to holders of Common Stock.
Financial Statements and Reports to Shareholders. The Company shall deliver to each Investor as soon as practicable after the end of each fiscal year of the Company, and in any event within 90 days thereafter, a consolidated balance sheet of the Company as of the end of such year and consolidated statements of income, shareholders' equity and cash flow for such year, which year end financial reports shall be in reasonable detail, shall be prepared in accordance with generally accepted accounting principles and shall be certified by independent public accountants selected by the Company. In addition, the Company shall deliver to the Investors: (a) contemporaneously with delivery to holders of Common Stock, a copy of each report of the Company delivered to holders of Common Stock and (b) an annual capitalization summary.
Financial Statements and Reports to Shareholders. As long as (x) any Investor holds at least 10% of the Preferred Stock and/or Ordinary Shares issued upon the conversion of such Preferred Stock or (y) the Capital Shareholders hold in the aggregate at least 10% of the Ordinary Shares (assuming the conversion of all issued Series A Preferred Stock), the Company shall deliver to each of such Investors and the Capital Shareholders, as the case may be, in English and in a form acceptable to such Person: (a) within 15 days after the end of each month, (i) an unaudited consolidated monthly income statement, balance sheet, and cash flow statement of the Company Group, and (ii) monthly management review reports detailing certain operational performance indicators of the Company Group and comparing the financial results with the corresponding monthly budgets; (b) within 90 days after the end of each fiscal year of the Company Group, (i) an audited consolidated balance sheet of the Company Group as of the end of that year and audited consolidated statements of income, shareholders’ equity, and cash flow for that year, which year-end financial statements shall be in reasonable detail and shall be prepared in accordance with US GAAP (or IFRS with US GAAP reconciling adjustments) consistently applied and accompanied by an opinion of a Big-four Accounting Firm, and (ii) the annual management review reports detailing certain operational performance indicators of the Company Group and comparing the financial results with the corresponding annual budgets; (c) within 45 days after the end of each fiscal quarter, (i) an unaudited consolidated quarterly income statement, balance sheet and cash flow statement of the Company Group, and (ii) quarterly management review reports detailing certain operational performance indicators of the Company Group and comparing the financial results with the corresponding quarterly budgets; (d) within 15 days prior to the end of each fiscal quarter of the Company Group, the quarterly budget for the next quarter; (e) within 30 days prior to the end of each fiscal year of the Company Group, the annual budget of the Company Group for the next fiscal year; and (f) copies of all documents or other information sent by the Company Group to any shareholder of any member of the Company Group. The delivery obligations of the Company to Investors and Capital Shareholders under this paragraph shall cease upon a Qualified IPO.
