Common use of Independent Auditor Clause in Contracts

Independent Auditor. The Company and its Subsidiaries at all times shall engage a Person to audit its financial statements (the “Independent Auditor”) that (a) is an independent public accounting firm within the meaning of the American Institute of Certified Public Accountants’ Code of Professional Conduct (American Institute of Certified Public Accountants, Professional Standards, vol. 2, et sec. 101), (b) is a registered public accounting firm (as defined in Section 2(a)(12) of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)), and (c) if the Company were an “issuer” (as defined in the Xxxxxxxx-Xxxxx Act), would not be in violation of the auditor independence requirements of the Xxxxxxxx-Xxxxx Act by reason of its acting as the auditor of the Company and its Subsidiaries. Subject to Section 7.10, the Independent Auditor shall be appointed by the Board of Managers and shall be a nationally recognized certified public accounting firm. The Company shall engage the Independent Auditor from time to time to conduct such review and testing as from time to time may be necessary or reasonably required under the Xxxxxxxx-Xxxxx Act and to issue to the Company its written opinions and recommendations with respect thereto.

Appears in 3 contracts

Samples: www.sec.gov, Limited Liability Company Operating Agreement (Gmac LLC), Limited Liability Company Operating Agreement (Gmac LLC)

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Independent Auditor. The Company and its Subsidiaries at all times shall engage a Person to audit its financial statements (the “Independent Auditor”) that (a) is an independent public accounting firm within the meaning of the American Institute of Certified Public Accountants’ Code of Professional Conduct (American Institute of Certified Public Accountants, Professional Standards, vol. 2, et sec. 101), (b) is a registered public accounting firm (as defined in Section 2(a)(12) of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)), and (c) if the Company were an “issuer” (as defined in the Xxxxxxxx-Xxxxx Act), would not be in violation of the auditor independence requirements of the Xxxxxxxx-Xxxxx Act by reason of its acting as the auditor of the Company and its Subsidiaries. Subject to Section 7.108.9(d), if applicable, the Independent Auditor shall be appointed by the Board of Managers and shall be a nationally recognized certified public accounting firm. The Company shall engage the Independent Auditor from time to time to conduct such review and testing as from time to time may be necessary or reasonably required under the Xxxxxxxx-Xxxxx Act and to issue to the Company its written opinions and recommendations with respect thereto.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement (Gmac LLC), Limited Liability Company Operating Agreement

Independent Auditor. The Company and its Subsidiaries at all times shall engage a Person to audit its financial statements (the “Independent Auditor”) that (a) is an independent public accounting firm within the meaning of the American Institute of Certified Public Accountants’ Code of Professional Conduct (American Institute of Certified Public Accountants, Professional Standards, vol. 2, et sec. 101), (b) is a registered public accounting firm (as defined in Section 2(a)(12) of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)), and (c) if the Company were an “issuer” (as defined in the Xxxxxxxx-Xxxxx Act), would not be in violation of the auditor independence requirements of the Xxxxxxxx-Xxxxx Act by reason of its acting as the auditor of the Company and its Subsidiaries. Subject to Section 7.107.16, the Independent Auditor shall be appointed by the Board of Managers and shall be a nationally recognized certified public accounting firm. The Company shall engage the Independent Auditor from time to time to conduct such review and testing as from time to time may be necessary or reasonably required under the Xxxxxxxx-Xxxxx Act and to issue to the Company its written opinions and recommendations with respect thereto.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Gmac LLC), Limited Liability Company Operating Agreement (Gmac LLC)

Independent Auditor. The Company and its Subsidiaries at all times shall engage a Person to audit its financial statements (the “Independent Auditor”) that (a) is an independent public accounting firm within the meaning of the American Institute of Certified Public Accountants’ Code of Professional Conduct (American Institute of Certified Public Accountants, Professional Standards, vol. 2, et sec. 101), (b) is a registered public accounting firm (as defined in Section 2(a)(12) of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)), and (c) if the Company were an “issuer” (as defined in the Xxxxxxxx-Xxxxx Act), would not be in violation of the auditor independence requirements of the Xxxxxxxx-Xxxxx Act by reason of its acting as the auditor of the Company and its Subsidiaries. Subject to Section 7.106.10, the Independent Auditor shall be appointed by the Board of Managers Directors and shall be a nationally recognized certified public accounting firm. The Company shall engage the Independent Auditor from time to time to conduct such review and testing as from time to time may be necessary or reasonably required under the Xxxxxxxx-Xxxxx Act and to issue to the Company its written opinions and recommendations with respect thereto.

Appears in 2 contracts

Samples: Securities Purchase and Exchange Agreement, Securities Purchase and Exchange Agreement (Gmac Inc.)

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Independent Auditor. The Company and its Subsidiaries at all times shall engage a Person to audit its financial statements (the “Independent Auditor”) that (a) is an independent public accounting firm within the meaning of the American Institute of Certified Public Accountants’ Code of Professional Conduct (American Institute of Certified Public Accountants, Professional Standards, vol. 2, et sec. 101), (b) is a registered public accounting firm (as defined in Section 2(a)(12) of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 (the “XxxxxxxxSxxxxxxx-Xxxxx Act”)), and (c) if the Company were an “issuer” (as defined in the XxxxxxxxSxxxxxxx-Xxxxx Act), would not be in violation of the auditor independence requirements of the XxxxxxxxSxxxxxxx-Xxxxx Act by reason of its acting as the auditor of the Company and its Subsidiaries. Subject to Section 7.108.9(d), if applicable, the Independent Auditor shall be appointed by the Board of Managers and shall be a nationally recognized certified public accounting firm. The Company shall engage the Independent Auditor from time to time to conduct such review and testing as from time to time may be necessary or reasonably required under the XxxxxxxxSxxxxxxx-Xxxxx Act and to issue to the Company its written opinions and recommendations with respect thereto.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Gmac LLC)

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