Common use of Financial Statements; Indebtedness Clause in Contracts

Financial Statements; Indebtedness. (a) Except as disclosed in Section 4A.8(a) of the Disclosure Schedules, the financial statements and supporting schedules included in SkyTerra’s Annual Report on Form 10-K for the year ended December 31, 2006, and in SkyTerra’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2007 and in any Registration Statements or other SEC Reports, in each case filed with the SEC, present fairly, in all material respects, the consolidated financial position of SkyTerra as of the dates specified and the consolidated results of their operations and cash flows for the periods specified, in each case, in conformity with GAAP applied on a consistent basis during the periods involved, except as indicated therein or in the notes thereto. (b) Except for Indebtedness disclosed in Section 4A.8(b) of the Disclosure Schedules and in SkyTerra’s Annual Report on Form 10-K for the year ended December 31, 2006, and in SkyTerra’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2007, SkyTerra has no Indebtedness outstanding at the date hereof. SkyTerra is not in default with respect to any outstanding Indebtedness or any instrument relating thereto, and no event has occurred, or facts and circumstances exist, which, after passage of time, would result in such a default.

Appears in 1 contract

Samples: Securities Purchase Agreement (Skyterra Communications Inc)

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Financial Statements; Indebtedness. (a) Except as disclosed in Section 4A.8(a) of the Disclosure Schedules, the financial statements and supporting schedules included in SkyTerra’s 's Annual Report on Form 10-K for the year ended December 31, 20062007 and the Amendment to the SkyTerra 's Annual Report for the year ended December 31, 2007 on Form 10-K/A, and in SkyTerra’s 's Quarterly Report on Form 10-Q for the quarter ended September 30March 31, 2007 and in any Registration Statements or other SEC Reports2008, in each case filed with the SEC, SEC present fairly, in all material respects, the consolidated financial position of SkyTerra as of the dates specified and the consolidated results of their operations and cash flows for the periods specified, in each case, in conformity with GAAP applied on a consistent basis during the periods involved, except as indicated therein or in the notes thereto. (b) Except for Indebtedness disclosed in Section 4A.8(b) of the Disclosure Schedules and in SkyTerra’s 's Annual Report on Form 10-K for the year ended December 31, 20062007, and in SkyTerra’s 's Quarterly Report on Form 10-Q for the quarter ended September 30March 31, 20072008, SkyTerra has no material Indebtedness outstanding at the date hereof. SkyTerra is not in default with respect to any outstanding Indebtedness or any instrument relating thereto, and no event has occurred, or facts and circumstances exist, which, after passage of timetime or giving of notice, would result in such a default.

Appears in 1 contract

Samples: Securities Purchase Agreement (Harbinger Capital Partners Master Fund I, Ltd.)

Financial Statements; Indebtedness. (a) Except as disclosed in Section 4A.8(a) of the Disclosure Schedules, the financial statements and supporting schedules included in SkyTerra’s 's Annual Report on Form 10-K for the year ended December 31, 2006, and in SkyTerra’s 's Quarterly Report on Form 10-Q for the quarter ended September 30, 2007 and in any Registration Statements or other SEC Reports, in each case filed with the SEC, present fairly, in all material respects, the consolidated financial position of SkyTerra as of the dates specified and the consolidated results of their operations and cash flows for the periods specified, in each case, in conformity with GAAP applied on a consistent basis during the periods involved, except as indicated therein or in the notes thereto. (b) Except for Indebtedness disclosed in Section 4A.8(b) of the Disclosure Schedules and in SkyTerra’s 's Annual Report on Form 10-K for the year ended December 31, 2006, and in SkyTerra’s 's Quarterly Report on Form 10-Q for the quarter ended September 30, 2007, SkyTerra has no Indebtedness outstanding at the date hereof. SkyTerra is not in default with respect to any outstanding Indebtedness or any instrument relating thereto, and no event has occurred, or facts and circumstances exist, which, after passage of time, would result in such a default.

Appears in 1 contract

Samples: Securities Purchase Agreement (Harbinger Capital Partners Master Fund I, Ltd.)

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Financial Statements; Indebtedness. (a) Except as disclosed in Section 4A.8(a) of the Disclosure Schedules, the financial statements and supporting schedules included in SkyTerra’s Annual Report on Form 10-K for the year ended December 31, 20062007 and the Amendment to the SkyTerra 's Annual Report for the year ended December 31, 2007 on Form 10-K/A, and in SkyTerra’s Quarterly Report on Form 10-Q for the quarter ended September 30March 31, 2007 and in any Registration Statements or other SEC Reports2008, in each case filed with the SEC, SEC present fairly, in all material respects, the consolidated financial position of SkyTerra as of the dates specified and the consolidated results of their operations and cash flows for the periods specified, in each case, in conformity with GAAP applied on a consistent basis during the periods involved, except as indicated therein or in the notes thereto. (b) Except for Indebtedness disclosed in Section 4A.8(b) of the Disclosure Schedules and in SkyTerra’s Annual Report on Form 10-K for the year ended December 31, 20062007, and in SkyTerra’s Quarterly Report on Form 10-Q for the quarter ended September 30March 31, 20072008, SkyTerra has no material Indebtedness outstanding at the date hereof. SkyTerra is not in default with respect to any outstanding Indebtedness or any instrument relating thereto, and no event has occurred, or facts and circumstances exist, which, after passage of timetime or giving of notice, would result in such a default.

Appears in 1 contract

Samples: Securities Purchase Agreement (Skyterra Communications Inc)

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