Common use of Letter of Public Accountants Clause in Contracts

Letter of Public Accountants. Chem-Met, the Sullivans and the Xxxxxxxx Trusts shall cause to be delivered to Perma-Fix a letter ("Accountant Letter") which shall be dated not less than five days prior to the Closing Date from Bovitz & Co., P.C., which shall be addressed to Perma-Fix and be in form reasonably satisfactory to Perma-Fix and customary in scope and substance for letters delivered by independent public accountants in connection with registration statements and shall contain, without limitation, the following statements: (i) the combined Audited Financial Statements of Chem-Con and Chem-Met examined by them comply as to form in all material respects with the applicable accounting requirements of the Securities Act and of the published Rules and Regulations thereunder and (ii) on the basis of a reading of the latest available unaudited consolidated financial statements, inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (a) as of the date of the latest available unaudited consolidated interim financial statements prepared by Chem-Con and Chem-Met there was any change in the capital stock or long-term debt of Chem-Con, Chem-Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with the amounts shown in the September 30, 1998, consolidated Balance Sheet, or (b) for the period from September 30, 1998, to the date of the latest available unaudited interim consolidated financial statements prepared by Chem-Met, there were any decreases, as compared with the corresponding period in the preceding year, in consolidated net revenues or in total or per share amounts of consolidated income (loss) before extraordinary items or of consolidated net income, except in all instances for changes or decreases which the Audited Financial Statements of Chem-Con and Chem-Met disclose have occurred or may occur, and (c) that on the basis of inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (1) at a specified date within five (5) days of the Closing Date there was any change in the capital stock or long-term debt of Chem-Con and Chem-Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with amounts shown on the September 30, 1998, consolidated Balance Sheet or (2) for the period from the date of the Audited Financial Statements prepared by Chem-Con and Chem-Met for year ended September 30, 1998, to a specified date within five (5) days of the Closing Date there were any decreases as compared with the corresponding period in the preceding year, in consolidated net revenues or in the total or per-share amounts of consolidated income before extraordinary items or of consolidated net income, except in all instances for changes or decreases which this Agreement or the Chem-Con Agreement discloses have occurred or may occur.

Letter of Public Accountants. Chem-MetCon, the Sullivans and the Xxxxxxxx Trusts shall cause to be delivered to Perma-Fix a letter letter, ("Accountant Letter") which shall be dated not less than five days prior to the Closing Date Date, from Bovitz & Co., P.C., which shall be addressed to Perma-Fix and be in form reasonably satisfactory to Perma-Fix and customary in scope and substance for letters delivered by independent public accountants in connection with registration statements and shall contain, without limitation, the following statements: (i) the combined Audited Financial Statements of Chem-Con and Chem-Met examined by them comply as to form in all material respects with the applicable accounting requirements of the Securities Act and of the published Rules and Regulations thereunder and (ii) on the basis of a reading of the latest available unaudited consolidated financial statements, inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (a) as of the date of the latest available unaudited consolidated interim financial statements prepared by Chem-Con and Chem-Met there was any change in the capital stock or long-term debt of Chem-Con, Chem-Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with the amounts shown in the September 30, 1998, consolidated Balance Sheet, or (b) for the period from September 30, 1998, to the date of the latest available unaudited interim consolidated financial statements prepared by Chem-MetCon, there were any decreases, as compared with the corresponding period in the -42- preceding year, in consolidated net revenues or in total or per share amounts of consolidated income (loss) before extraordinary items or of consolidated net income, except in all instances for changes or decreases which the Audited Financial Statements of Chem-Con and Chem-Met disclose have occurred or may occur, and (c) that on the basis of inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (1) at a specified date within five (5) days of the Closing Date there was any change in the capital stock or long-term debt of Chem-Con and Chem-Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with amounts shown on the September 30, 1998, consolidated Balance Sheet or (2) for the period from the date of the Audited Financial Statements prepared by Chem-Con and Chem-Met for year ended September 30, 1998, to a specified date within five (5) days of the Closing Date there were any decreases as compared with the corresponding period in the preceding year, in consolidated net revenues or in the total or per-share amounts of consolidated income before extraordinary items or of consolidated net income, except in all instances for changes or decreases which this Agreement or the Chem-Con Met Agreement discloses have occurred or may occur.

Letter of Public Accountants. Chem-MetCon, the Sullivans and the Xxxxxxxx Trusts shall cause to be delivered to Perma-Fix a letter letters, the first ("First Accountant Letter") of which shall be dated not less than two days prior to the date on which the Registration Statement becomes effective, and the second (the "Second Accountant Letter") of which shall be dated not less than five days prior to the Closing Date from Bovitz & Co., P.C., which shall be addressed to Perma-Fix and be in form reasonably satisfactory to Perma-Fix and customary in scope and substance for letters delivered by independent public accountants in connection with registration statements similar to the Registration Statement and shall contain, without limitation, the following statements: (i) the combined Audited Financial Statements of Chem-Con and Chem-Met examined by them and included in the Proxy Statement and Registration Statement comply as to form in all material respects with the applicable accounting requirements requirement of the Securities Act and of the published Rules and Regulations thereunder and (ii) on the basis of a reading of the latest available unaudited consolidated financial statements, inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (a) as of the date of the latest available unaudited consolidated interim financial statements prepared by Chem-Con and Chem-Met there was any change in the capital stock or long-term debt of Chem-Con, Chem-Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with the amounts shown in the September 30, 1998, consolidated Balance Sheet, or (b) for the period from September 30, 1998, to the date of the latest available unaudited interim consolidated financial statements prepared by Chem-MetCon, there were any decreases, as compared with the corresponding period in the preceding year, in consolidated net revenues or in total or per share amounts of consolidated income (loss) before extraordinary items or of consolidated net income, except in all instances for changes or decreases which the Audited Financial Statements of Chem-Con and Chem-Met disclose Proxy Statement discloses have occurred or may occur, and (c) that on the basis of inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (1) at a specified date within five (5) days of the Closing Effective Date of the Registration Statement and not more than five (5) days prior to the Effective Time of the Mergers there was any change in the capital stock or long-term debt of Chem-Con and Chem-Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with amounts shown on the September 30, 1998, consolidated Balance Sheet or (2) for the period from the date of the Audited Financial Statements latest available unaudited consolidated interim financial statements prepared by Chem-Con and Chem-Met for year ended September 30, 1998, to a specified date within five (5) days of the Closing Date effective date of the Registration Statement and not more than five (5) days prior to the Effective Time of the Merger there were any decreases as compared with the corresponding period in the preceding year, in consolidated net revenues or in the total or per-share amounts of consolidated income before extraordinary items or of consolidated net income, except in all instances for changes or decreases which this Agreement or the Chem-Con Agreement Proxy Statement and Registration Statement discloses have occurred or may occur, and (d) that they have compared the financial information which related to Chem-Con and Chem-Met appearing in the Proxy Statement and Registration Statement with amounts in the consolidated financial statements or accounting records of Chem-Con and Chem-Met and have found them to be in agreement.

Letter of Public Accountants. Chem-Met, the Sullivans and the Xxxxxxxx Sullivan Trusts shall cause shalx xxxxx to be delivered to Perma-Fix a letter letters, the first ("First Accountant Letter") of which shall be dated not less than two days prior to the date on which the Registration Statement becomes effective, and the second (the "Second Accountant Letter") of which shall be dated not less than five days prior to the Closing Date from Bovitz & Co., P.C., which shall be addressed to Perma-Fix and be in form reasonably satisfactory to Perma-Fix and customary in scope and substance for letters delivered by independent public accountants in connection with registration statements similar to the Registration Statement and shall contain, without limitation, the following statements: (i) the combined Audited Financial Statements of Chem-Con and Chem-Met examined by them and included in the Proxy Statement and Registration Statement comply as to form in all material respects with the applicable accounting requirements requirement of the Securities Act and of the published Rules and Regulations thereunder and (ii) on the basis of a reading of the latest available unaudited consolidated financial statements, inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (a) as of the date of the latest available unaudited consolidated interim financial statements prepared by Chem-Con and Chem-Met there was any change in the capital stock or long-term debt of Chem-Con, Chem-Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with the amounts shown in the September 30, 1998, consolidated Balance Sheet, or (b) for the period from September 30, 1998, to the date of the latest available unaudited interim consolidated financial statements prepared by Chem-Met, there were any decreases, as compared with the corresponding period in the preceding year, in consolidated net revenues or in total or per share amounts of consolidated income (loss) before extraordinary items or of consolidated net income, except in all instances for changes or decreases which the Audited Financial Statements of Chem-Con and Chem-Met disclose Proxy Statement discloses have occurred or may occur, and (c) that on the basis of inquiries of officers of Chem-Con and Chem-Met responsible for financial and accounting matters and a reading of the minutes, nothing has come to their attention which caused them to believe that (1) at a specified date within five (5) days of the Closing Effective Date of the Registration Statement and not more than five (5) days prior to the Effective Time of the Merger there was any change in the capital stock or long-term debt of Chem-Con and Chem-Chem- Met and their subsidiaries consolidated or any decreases in consolidated net current assets or in consolidated net assets, as compared with amounts shown on the September 30, 1998, consolidated Balance Sheet or (2) for the period from the date of the Audited Financial Statements latest available unaudited consolidated interim financial statements prepared by Chem-Con and Chem-Met for year ended September 30, 1998, to a specified date within five (5) days of the Closing Date effective date of the Registration Statement and not more than five (5) days prior to the Effective Time of the Merger there were any decreases as compared with the corresponding period in the preceding year, in consolidated net revenues or in the total or per-share amounts of consolidated income before extraordinary items or of consolidated net income, except in all instances for changes or decreases which this Agreement or the Chem-Con Agreement Proxy Statement and Registration Statement discloses have occurred or may occur, and (d) that they have compared the financial information which related to Chem-Con and Chem-Met appearing in the Proxy Statement and Registration Statement with amounts in the consolidated financial statements or accounting records of Chem-Con and Chem-Met and have found them to be in agreement.