Financial Statements of Company. The Company agrees to have an annual audit made by independent accountants and to furnish the Trustee with a balance sheet and statements of income, retained earnings and cash flow showing the financial condition of the Company and its consolidated subsidiaries, if any, at the close of each fiscal year, and the results of operations of the Company and its consolidated subsidiaries, if any, for each fiscal year, as audited by said accountants, on or before the last day of the third month following the close of the fiscal year or as soon thereafter as they are reasonably available. The Company further agrees to furnish to the Trustee, the Authority and to any owner of Bonds if requested in writing by such owner all financial statements which it sends to its shareholders. The delivery of such financial statements to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein, including the Company’s compliance with any of its covenants hereunder.
Financial Statements of Company. All financial statements delivered by the Company pursuant to subsection 2.7(a) of the Agreement.
Financial Statements of Company. The Company agrees to furnish the Trustee with a copy of its annual report to stockholders for each year, beginning with the year 1997, on or before March 31 of the subsequent year or as soon thereafter as it is reasonably available. The Company further agrees to furnish to the Trustee, and to any owner of the Bonds if requested in writing by such owner, all financial statements which it sends to its shareholders generally.
Financial Statements of Company. The Company agrees to have an annual audit made by independent accountants and to furnish the Trustee with a balance sheet and statements of income, retained earnings and cash flow showing the financial condition of the Company and its consolidated subsidiaries, if any, at the close of each fiscal year, and the results of operations of the Company and its consolidated subsidiaries, if any, for each fiscal year, as audited by said accountants, on or before the last day of the third month following the close of the fiscal year or as soon thereafter as they are reasonably available. The Company further agrees to furnish to the Trustee, the Authority and to any owner of Bonds if requested in writing by such owner all financial statements which it sends to its shareholders.
Financial Statements of Company. The Company agrees that during the Lease Term it will furnish to the Trustee and the Issuer audited financial statements of the Company, for and as of the end of each fiscal year of the Company, within 120 days after the end thereof, or if not then available, as soon as available, as included in the annual report of the Company to its shareholders, or, in lieu of such audited financial statements, this requirement may be satisfied by furnishing to the Trustee and Issuer, within 120 days after the end of such fiscal year, the annual report of the Company for such fiscal year in the form distributed to the shareholders of the Company.
Financial Statements of Company. The Company is a newly formed limited liability company, formed under the laws of the state of West Virginia on May 4, 2015, with no present assets or liabilities, and with revenue scheduled subsequent to the Closing Date, upon the consummation of the sale of coal pursuant to the Purchase Agreement. To the extent any assets, liabilities, or revenue is incurred or generated prior to the Closing Date, the Members agree to deliver to Royal the financial statements of the Company for such interim period (the “Financial Statements”), which shall be incorporated herein by reference.
Financial Statements of Company. True and complete copies of (i) the audited consolidated balance sheet of the Company and its Subsidiaries as of December 31, 2009, and the related audited consolidated statements of operations, changes in stockholders’ equity and changes in cash flows for the year then ended, together with all related notes and schedules thereto (the “2009 Financial Statements”), and (ii) the unaudited consolidated balance sheet of the Company and its Subsidiaries as of September 30, 2010 (the “Reference Balance Sheet”), and the related unaudited statements of operations, changes in stockholders’ equity and changes in cash flows for the nine months ended September 30, 2010 (collectively referred to herein as the “Interim Financial Statements”), are attached as Section 3.08(a)(i) of the Seller Disclosure Schedule. The 2009 Financial Statements and the Interim Financial Statements (including, in each case, any notes thereto) were prepared in accordance with United States generally accepted accounting principles (“U.S. GAAP”) applied on a consistent basis throughout the periods indicated (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by U.S. GAAP) and each present fairly, in all material respects, the consolidated financial position of the Company and its Subsidiaries as at the respective dates thereof and for the respective periods indicated therein, except as otherwise noted therein (subject, in the case of unaudited statements, to normal and recurring year-end adjustments which were not and are not expected, individually or in the aggregate, to be material). A true and correct copy of the Quadrem Balance Sheet Adjustments, assuming for purposes of this Section 3.08 that such adjustments are calculated based on the Reference Balance Sheet as if the Closing occurs as of the date of the Reference Balance Sheet rather than the Estimated Closing Balance Sheet is attached as Section 3.08(a)(i) of the Seller Disclosure Schedule. Such adjustments have been calculated in accordance with the assumptions, estimates and methodologies set forth on Exhibit D.
Financial Statements of Company. Included as Schedule 3.5(a) are consolidated financial statements of Company (collectively, the “Company Financial Statements”) consisting of the consolidated audited financial statements (including consolidated balance sheets and statements of earnings, shareholders’ equity and cash flows) of Company for each of the fiscal years ended December 31, 2001, 2002 and 2003 (including the notes contained therein or annexed thereto), which financial statements have been reported on, and are accompanied by, the signed, unqualified opinions of BKD, LLP, independent accountants for Company for such years (the consolidated unaudited balance sheet of Company as of December 31, 2003 is referred to herein as the “Recent Balance Sheet”). The Company Financial Statements (A) are true, correct and complete in all material respects; (B) are prepared from and consistent with such financial statements as have been prepared and used by Company in the ordinary course of managing its business and measuring and reporting its operating results, except as set forth in Section 8.7.(a); (C) are, except as otherwise set forth on Schedule 3.5.(a) and in Section 8.7.(a), prepared in accordance with GAAP applied on a consistent basis and with the books and records of Company; and (D) fairly present the assets, Liabilities (as defined herein), financial position, results of operations and cash flows of Company as of the dates and for the periods indicated.
Financial Statements of Company. The Company agrees to have an annual audit made by its regular independent public accountants and to furnish the Trustee, the Authority and the Bond Insurer with a balance sheet and statements of income, retained earnings and changes in cash flows showing the financial condition of the Company and its consolidated subsidiaries, if any, at the close of each fiscal year, and the results of operations of the Company and its consolidated subsidiaries, if any, for each fiscal year, as audited by said accountants, on or before the last day of the third month following the close of the fiscal year or as soon thereafter as they are reasonably available.
Financial Statements of Company. The Company will furnish to each Lender:
(a) as soon as available, but in no event more than sixty (60) days after the end of each of the Company's fiscal quarters (other than the Company's fiscal quarter ending April 30, 1999, which is addressed in Section 6.1(b) below), a balance sheet of the Company as of the end of such quarter and an income statement of the Company to the end of such quarter, each in reasonable detail and in form and substance reasonably satisfactory to each Lender, prepared in accordance with GAAP and certified by the chief financial officer of the Company; with each such quarterly financial statements to be accompanied by a compliance certificate, in form and detail reasonably satisfactory to each Lender and signed by the chief financial officer of the Company, which provides a detailed calculation of the financial covenants contained herein as of the applicable fiscal quarter end and a statement as to whether the Company and the Guarantor are in compliance in all material respects with all of the terms and conditions of this Agreement and the other Loan Documents;
(b) as soon as available, but in no event more than sixty (60) days after the end of the Company's fiscal quarter ending April 30, 1999, financial statements of the Company in reasonable detail and in form and substance reasonably satisfactory to each Lender, prepared in accordance with GAAP and reviewed by certified public accountants reasonably satisfactory to each Lender, which financial statements shall include a balance sheet as of April 30, 1999, statements of income and retained earnings for the six-month period ending April 30, 1999, and a statement of cash flows for such six-month period; with such financial statements to be accompanied by a compliance certificate, in form and detail reasonably satisfactory to each Lender and signed by the chief financial officer of the Company, which provides a detailed calculation of the financial covenants contained herein as of April 30, 1999, and a statement as to whether the Company and the Guarantor are in compliance in all material respects with all of the terms and conditions of this Agreement and the other Loan Documents;
(c) as soon as available, but in no event more than one hundred five (105) days after the end of each of the Company's fiscal years, a copy of the annual financial statements of the Company in reasonable detail and in form and substance reasonably satisfactory to each Lender, prepared in accordance wit...
