Financial Statements; Information. Furnish to Lender (i) Borrower’s quarterly internally-prepared consolidated and consolidating financial statements, within forty- five (45) days of each of Borrower’s fiscal quarter-ends, and certified by the Chief Financial Officer (or such other designee reasonably acceptable to Lender) of the Borrower to fairly present the financial condition of Borrower; (ii) annual audited consolidated and consolidating financial statements of Borrower, prepared by a Registered Public Accounting Firm acceptable to Lender, together with an unqualified opinion of such accountants reasonably acceptable to Lender, any management letters issued by such accountants and an attestation report of the Registered Public Accounting Firm as to the Borrower’s internal controls pursuant to Section 404 of Xxxxxxxx-Xxxxx expressing a conclusion to which the Lender does not object, all within one hundred twenty (120) days of Borrower’s fiscal year-end; (iii) such other information respecting the financial condition and operations of Borrower or any Affiliate or Subsidiary thereof as Lender may from time to time reasonably request. All financial statements, opinions, reports and management letters described in clause (i) and (ii) above shall be prepared in accordance with GAAP and applicable Securities Laws and shall be in form and content satisfactory to Lender, and shall include, without limitation, an income statement, balance sheet, a cash flow statement and a list of contingent liabilities and claims reportable under GAAP guidelines. All financial statements shall be accompanied by a compliance certificate, in the form of Exhibit 4.1(c) hereto, setting forth Borrower’s compliance with, and actual calculations for, financial covenants required under Section 4.3 hereof, and signed by the Chief Financial Officer of Borrower (or such other designee reasonably acceptable to Lender). Additionally, Borrower shall furnish to Lender, (A) promptly after any request by Lender, copies of any detailed audit reports, management letters or recommendations submitted to the board of directors (or the audit committee of the board of directors) of the Borrower by independent accountants in connection with the accounts or books of the Borrower or any Subsidiary, or any audit of any of them; (B) promptly after the same are available, copies of each annual report, proxy or financial statement or other report or communication sent to the stockholders of the Borrower, and copies of all annual, regular, pe...
Financial Statements; Information. The Corporation will furnish to the Holder the financial statements and other information referred to in the Debenture Purchase Agreement.
Financial Statements; Information. The Company will furnish (in duplicate) to you, so long as you or your nominee shall be obligated to purchase or shall hold any of the Notes, and to each other institutional holder of outstanding Notes (and, in the case of the information referred to in subdivision (j) of this Section, to any prospective purchaser of Notes which is identified to the Company):
Financial Statements; Information. 9 5. INSPECTION OF PROPERTIES AND BOOKS. . . . . . . . . . . . . . . . . . . 13
Financial Statements; Information. The Company shall furnish to each Holder of the Senior Notes the following:
Financial Statements; Information. The Company shall furnish to each Holder of the Series A Convertible Preferred Stock the following:
Financial Statements; Information. 53 SECTION 6.01.
Financial Statements; Information. Purchaser is a "reporting company" as defined under the Securites Exchange Act of 1934, and is current in all of its reporting obligations. All of the Company's financial statements as filed with and available from the United States Securities and Exchange Commission are true and accurate. The Company is not aware of any pending, threatened or asserted claims, lawsuits or contingencies involving The Company not disclosed in its financial statements.
Financial Statements; Information. The Company shall furnish the Lenders (1) within 90 days after the end of each fiscal year of the Company a balance sheet as at the close of such fiscal year and statements of operations and changes in stockholders equity (deficiency) of the Company for the fiscal year ending on that date, certified by independent public accountants acceptable to the Lenders and prepared on a consolidated basis, if appropriate; (2) within 45 days after the end of each quarter of each fiscal year of the Company, a statement of operations of the Company for the period from the beginning of the fiscal year to the end of such quarter, certified by an authorized financial or accounting officer of the Company and prepared on a consolidated basis, if appropriate; (3) promptly after the filing thereof, all reports and other documents (except with respect to employee benefit plans) filed with the United States Securities and Exchange Commission; and (4) from time to time, such further information regarding the business, affairs and financial condition of the Company as the Lenders may reasonably request.
