Operations Since December 31, 2004 Sample Clauses

Operations Since December 31, 2004. Except as set forth on Schedule 4.28, since December 31, 2004, neither Shareholder nor the Bank has engaged in or agreed to engage in any actions or inactions that would violate the covenants and agreements set forth in subparagraphs (i), (ii), (iv) and (v) of paragraph (a) of Xxxxxxx 0.0, xxx xxxxxxxxxxxxx (xxx), (xx), (x), (xx) and (viii) of paragraph (b) of Section 5.1, in each case as if such covenants and agreements were applied to such time period.
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Operations Since December 31, 2004. Except as set forth on Schedule 4.9, from December 31, 2004 and as of the date of this Agreement, Seller has conducted its business in the ordinary course consistent with past practice and:
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Operations Since December 31, 2004. (a) Except as set forth in Schedule 4.5(a), since the Balance Sheet Date, there has been:
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Operations Since December 31, 2004. Between December 31, 2004, and the date hereof, there has not been, except as set forth on Schedule 4.25 of the Disclosure Statement:
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Operations Since December 31, 2004. (a) Except as set forth on Schedule 4.9(a), since December 31, 2004, the Company has conducted its business, in all material respects, in substantially the same manner as has been conducted by the Company during the period covered by the Financial Statements and in the ordinary course.
Sample 1

Related to Operations Since December 31, 2004

  • Operations Since Balance Sheet Date (a) Except as set forth in Schedule 5.5(A), since the Balance Sheet Date, there has been:

  • Interim Period During the period between the Effective Date and the Closing Date (“Interim Period”),

  • Tax Periods Beginning Before and Ending After the Closing Date The Company or the Purchaser shall prepare or cause to be prepared and file or cause to be filed any Returns of the Company for Tax periods that begin before the Closing Date and end after the Closing Date. To the extent such Taxes are not fully reserved for in the Company’s financial statements, the Sellers shall pay to the Company an amount equal to the unreserved portion of such Taxes that relates to the portion of the Tax period ending on the Closing Date. Such payment, if any, shall be paid by the Sellers within fifteen (15) days after receipt of written notice from the Company or the Purchaser that such Taxes were paid by the Company or the Purchaser for a period beginning prior to the Closing Date. For purposes of this Section, in the case of any Taxes that are imposed on a periodic basis and are payable for a Taxable period that includes (but does not end on) the Closing Date, the portion of such Tax that relates to the portion of such Tax period ending on the Closing Date shall (i) in the case of any Taxes other than Taxes based upon or related to income or receipts, be deemed to be the amount of such Tax for the entire Tax period multiplied by a fraction the numerator of which is the number of days in the Tax period ending on the Closing Date and the denominator of which is the number of days in the entire Tax period (the “Pro Rata Amount”), and (ii) in the case of any Tax based upon or related to income or receipts, be deemed equal to the amount that would be payable if the relevant Tax period ended on the Closing Date. The Sellers shall pay to the Company with the payment of any taxes due hereunder, the Sellers’ Pro Rata Amount of the costs and expenses incurred by the Purchaser or the Company in the preparation and filing of the Tax Returns. Any net operating losses or credits relating to a Tax period that begins before and ends after the Closing Date shall be taken into account as though the relevant Tax period ended on the Closing Date. All determinations necessary to give effect to the foregoing allocations shall be made in a reasonable manner as agreed to by the parties.

  • End of Fiscal Years; Fiscal Quarters The Borrower will cause (i) each of its fiscal years to end on December 31 of each year and (ii) its fiscal quarters to end on March 31, June 30, September 30 and December 31, respectively, of each year.

  • December If the Employee’s employment commences or terminates part way through a holiday year, the Employee's entitlement during that holiday year shall be calculated on a pro rata basis rounded up to the nearest whole day.

  • Financial Statements; Fiscal Year The Current Financials were prepared in accordance with GAAP and present fairly, in all material respects, the consolidated financial condition, results of operations, and cash flows of the Companies as of, and for the portion of the fiscal year ending on the date or dates thereof (subject only to normal audit adjustments). All material liabilities of the Companies as of the date or dates of the Current Financials are reflected therein or in the notes thereto. Except for transactions directly related to, or specifically contemplated by, the Loan Documents or disclosed in the Current Financials, no subsequent material adverse changes have occurred in the consolidated financial condition of the Companies from that shown in the Current Financials. The fiscal year of each Company ends on December 31.

  • Financial Statements; Financial Condition; etc The Borrower shall have delivered to the Administrative Agent:

  • Year-End Financial Statements As soon as available but no later than one hundred (100) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

  • Complete Portfolio Holdings From Shareholder Reports Containing a Summary Schedule of Investments; and

  • Year-end The Borrower shall procure that each financial year-end of each Obligor and each Group Member falls on the Accounting Reference Date.

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