Financial Statements; Other Reports. The Company will maintain proper books of account and records in accordance with generally accepted accounting principles applied on a consistent basis, and will deliver to each Investor and its Affiliates jointly owning at least two hundred and fifty thousand (250,000) shares of the Company’s capital stock, treating all Preferred Stock on an as converted basis but excluding any unexercised options, warrants or purchase rights (each, a “Rights Holder”): (a) as soon as available and in any event within forty five (45) days after the end of each of the first three (3) quarters of each fiscal year of the Company, a balance sheet of the Company as of the end of such quarter and the related statements of income and stockholders’ equity and of cash flows of the Company for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, setting forth in each case in comparative form the corresponding figures for the corresponding period of the preceding fiscal year and the budget for such current year, all in reasonable detail and prepared in accordance with generally accepted accounting principles consistently applied; (b) as soon as available and in any event within ninety (90) days after the end of each fiscal year of the Company, a copy of the annual audit report for such year for the Company, including therein a balance sheet of the Company as of the end of such fiscal year and statements of income and stockholders’ equity and of cash flows of the Company for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, all duly certified by independent public accountants of recognized standing acceptable to the Rights Holders; (c) as soon as available and in any event within forty five (45) days after the end of each of the first 11 months of each fiscal year of the Company, a balance sheet of the Company as of the end of such month and the related statements of income and stockholders’ equity for the period commencing at the end of the previous fiscal year and ending with the end of such month, setting forth in each case in comparative form the corresponding figures for the corresponding period of the preceding fiscal year and the budget for such current year, all in reasonable detail and prepared in accordance with generally accepted accounting principles consistently applied; (d) as soon as available and, in any event at least thirty (30) days prior the star...

Financial Statements; Other Reports. For so long as any Indebtedness remains outstanding, Borrower shall, unless Bank otherwise consents in writing, furnish to Bank the following:

Financial Statements; Other Reports. The Company and each Subsidiary will maintain proper books of account and records in accordance with generally accepted accounting principles applied on a consistent basis, and will deliver to each Investor and its Affiliates jointly owning at least 4% of the Common Stock, treating all Preferred Stock on an as-converted basis but excluding any unexercised options, warrants or purchase rights (each, a “Rights Holder”): (a) as soon as available and in any event within thirty (30) days after the end of each of the first three quarters of each fiscal year of the Company, a consolidated balance sheet of the Company and its Subsidiaries as of the end of such quarter and the related statements of income and stockholders’ equity and of cash flows of the Company for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, setting forth in each case in comparative form the corresponding figures for the corresponding period of the preceding fiscal year and the budget for such current year, all in reasonable detail and prepared in accordance with generally accepted accounting principles consistently applied, and duly certified (subject to year-end audit adjustments) by the chief financial officer of the Company; (b) as soon as available and in any event within ninety (90) days after the end of each fiscal year of the Company, a copy of the annual audit report for such year for the Company, including therein a consolidated balance sheet of the Company and its Subsidiaries as of the end of such fiscal year and statements of income and stockholders’ equity and of cash flows of the Company for such fiscal year, setting forth in each case in comparative form the corresponding figures for the preceding fiscal year, all duly certified by independent public accountants of recognized standing acceptable to the Rights Holders; (c) as soon as available and, in any event, within fifteen (15) days after the last day of each month, financial statements, including a balance sheet as of the last date of such month, a statement of income (or monthly operating expenses) for such month, together with a cumulative statement of income from the first day of the current year to the last day of such month, and a cash flow analysis, together with cumulative cash flow analyses from the first day of the current year to the last day of such month; (d) as soon as available and, in any event at least prior to the start of each fiscal year, a copy of the...

Financial Statements; Other Reports. The Company and each Subsidiary will maintain proper books of account and records in accordance with GAAP applied on a consistent basis, and will deliver to each Purchaser (or Affiliate transferee thereof) owning at least fifty thousand Shares and/or Warrant Shares (each, a "Rights Holder"): (i) as soon as available and in any event within forty-five (45) days after the end of each of the first three quarters of each fiscal year of the Company, a copy of the Company's quarterly Report on Form 10-Q or Form 10-QSB, prepared in accordance with GAAP consistently applied (subject to year-end audit adjustments), and duly certified by the Chief Financial Officer of the Company; (ii) as soon as available and in any event within ninety (90) days after the end of each fiscal year of the Company, a copy of Company's Annual report on Form 10-K or Form 10-KSB, prepared in accordance with GAAP consistently applied, together with the annual audit report for such year by one of the "big six" independent public accountants of recognized standing; (iii) promptly after sending, making available, or filing the same, such other reports and financial statements as the Company shall send or make available to the stockholders of the Company; and (iv) in the event that the Company ceases to become subject to the provisions of Section 13 or 15(d) of the Exchange Act, all reports and other documents that would be required to be filed by the Company under the Securities Act and the Exchange Act if the Company were then subject to the provisions of Section 13 or 15(d) of the Exchange Act, at the times and in the manner that such reports and documents would be required to be so filed. Neither the foregoing provisions of this Section 6.01(a) nor any other provision of this Agreement shall be in limitation of any rights which a Purchaser may have with respect to the books and records of the Company and its Subsidiaries, or to inspect their properties or discuss their affairs, finances and accounts, under the laws of the jurisdictions in which they are incorporated.

Financial Statements; Other Reports. The Company will maintain a comparative system of accounts in accordance with GAAP, keep full and complete financial records and furnish to each Qualified Holder the following reports: (a) within 120 days after the end of each fiscal year, a copy of the consolidated balance sheet of the Company as at the end of such year, together with a consolidated statement of income and retained earnings and of cash flows of the Company for such year, audited and certified by independent public accountants of recognized national standing, prepared in accordance with GAAP consistently applied; (b) (i) within 45 days after the end of each month commencing with July 1997, a statement of the monthly assets under management by the Company as at the end of such month and (ii) if such month end is also the end of a fiscal quarter but not the end of a fiscal year, within 45 days after the end of such month (x) a statement of the monthly assets under management by the Company for such quarter and for the year to date, and (y) a copy of the unaudited consolidated and consolidating balance sheet of the Company and its Subsidiaries and the related unaudited consolidated and consolidating statements of income and retained earnings and of cash flows for such quarter and for the year to date; (c) promptly, and in no event more than ten days after the Company's receipt thereof, copies of all audit reports, so-called "management letters" and other communications and reports submitted to the Company or any of its Subsidiaries by independent certified public accountants

Financial Statements; Other Reports. Deliver or cause to be ---------------------------------- delivered to the Lender the Financial Statements, Notices and Projections at the times and in the manner set forth on the attached Schedule "6.1

Financial Statements; Other Reports. 26 ----------------------------------- 8.2 Taxes ........................................................... 26 ----- 8.3 Maintenance and Continuity of Business .......................... 26 -------------------------------------- 8.4 Continuing Governmental Approvals ............................... 27 --------------------------------- 8.5 Maintenance of Properties ....................................... 27 ------------------------- 8.6 Year 2000 Issue ................................................. 27 --------------- 8.7 ERISA ........................................................... 27 ----- 8.8 Post-Closing Deliveries ......................................... 28 -----------------------

Financial Statements; Other Reports. The Corporation and each Subsidiary will maintain proper books of account and records in accordance with U.S. generally accepted accounting principles ("GAAP") applied on a consistent basis, and will deliver to each Investor: (a) Quarterly Reports. Within 45 days of September 30, 2003, an unaudited consolidated balance sheet from the period of inception of the Corporation and its Subsidiaries to September 30, 2003 and thereafter within forty-five (45) days after the end of each of the first three (3) quarters of each fiscal year of the Corporation, an unaudited consolidated balance sheet of the Corporation and its Subsidiaries as of the end of such quarter and the unaudited related statements of income and stockholders' equity and of cash flows of the Corporation for the period commencing at the end of the previous fiscal year, when applicable, and ending with the end of such quarter, setting forth in each case in comparative form the corresponding figures for the corresponding period of the preceding fiscal year and the projections for such current year, all in reasonable detail and prepared in accordance with GAAP consistently applied (except for the absence of footnotes and subject to normal immaterial year-end adjustments consistent with past practice), and duly certified by the Chief Financial Officer or Treasurer of the Corporation.

Financial Statements; Other Reports. 44 Section 8.02 Litigation..................................................... 47 Section 8.03 Maintenance, Etc............................................... 47 Section 8.04

Financial Statements; Other Reports Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses