Other Information Rights. The Company shall furnish to each Member:
(a) Within twenty (20) days after the end of each calendar month and forty-five (45) days after the end of each calendar quarter (other than for the month and calendar quarter ending simultaneously with the end of the Company’s Fiscal Year), an unaudited balance sheet of the Company as at the end of such month and unaudited statements of income and of changes in cash flow of the Company for such month and for the current Fiscal Year to the end of such month setting forth in comparative form the Company’s financial statements for the corresponding periods for the prior Fiscal Year, if any, including a comparison to the then current budget, all in reasonable detail.
(b) Within ninety (90) days after the end of each Fiscal Year, an audited balance sheet of the Company as of the end of such year and audited statements of income and of changes in cash flow of the Company for such year, including comparisons to the corresponding periods in prior years, prepared in accordance with GAAP consistently applied.
(c) No later than sixty (60) days prior to the start of each new Fiscal Year, the Operating Budget approved in accordance with Section 5.10, which Operating Budget shall be in reasonable detail and contain a projected financial statement for such fiscal year on a monthly basis, and operating goals for the Project, and promptly after preparation from time to time, any revisions to the forecasts contained therein.
(d) Notice of any noncompliance by the Company with any Applicable Law that could reasonably be likely to have a material adverse affect on the business, assets, financial condition, prospects or results of operations of the Company.
(e) Any other financial or other information available to the officers of the Company as any Member reasonably requests.
Other Information Rights. The Rockpoint Preferred Holders shall automatically, without any further act on their part, be entitled to such information and reporting rights the Partnership grants to any other Limited Partner, or RRT grants to any investor, including any right to meet with Representatives of the General Partner, as contemplated by Section 10(f). In addition to the foregoing, the General Partner shall, and shall cause the Partnership to, make available to the Rockpoint Preferred Holders such other Partnership information reasonably requested, including but not limited to information relating to actual financial performance, loan documentation of the Partnership or its Subsidiaries (or joint ventures), and any joint venture agreements or related arrangements.
Other Information Rights. The Company will permit Ambac Assurance to discuss the affairs, finances and accounts of the Company or any information Ambac Assurance may reasonably request regarding the security for the Insured Notes with appropriate officers of the Company. The Trustee or the Company, as appropriate, will permit Ambac Assurance to have access to and to make copies of all books and records relating to the Insured Notes at any reasonable time. Ambac Assurance will keep all such information confidential and will use such information solely for purposes of monitoring its responsibilities with respect to the Insured Notes.
Other Information Rights. At any time upon the reasonable request of an Investor, the Company shall use commercially reasonable efforts to deliver any available additional information reasonably requested by such Investor in order to assist such Investor or any person who is a direct or indirect interest holder in such Investor with the preparation of its tax returns, complying with reporting obligations under the Code (including, without limitation, pursuant to Sections 6038, 6038B, 6038D or 6046A of the Code and the rules and Treasury Regulations promulgated thereunder) and other obligations under the Code or any other applicable tax laws, or obtaining any benefit pursuant to the Code or other applicable tax laws.
Other Information Rights. The Joint Venture Company shall provide to MNL and its Affiliates such financial, accounting and other information as MNL may reasonably request in connection with the accounting and financial reporting obligations of MNL or any of its Affiliates relating to the ownership of Shares. If MNL requests that the Accountants or MNL’s own auditors perform audit, review or other agreed upon procedures in connection therewith, the fees and expenses of the Accountants or MNL’s auditors relating thereto shall be borne by MNL. DLI-6215523v12
Other Information Rights. The Company shall deliver or shall cause to be delivered to Purchaser, subject to any applicable restrictions on disclosure, from time to time, (i) any information in any form sent to unitholders of Partners generally and (ii) all Partners SEC Documents; provided, however, that nothing contained in this Section 6.04 shall be construed to limit any other information rights of Purchaser granted herein.
Other Information Rights. During the Option Period, the Company hereby ------------------------ covenants and agrees to deliver to Bartech (a) with reasonable promptness after the date on which the Company first obtains knowledge of such, written notice of all legal or arbitration proceedings, and all proceedings by or before any governmental or regulatory authority or agency, and each material 6 development in respect of such legal or other proceedings, affecting the Company, which proceeding involves at least $25,000; (b) as soon as available, but in any event within 90 days after commencement of each new fiscal year, a budget consisting of a business plan and projecting financial statements for such fiscal year; and (c) with reasonable promptness, such other notices, information and data as the Company deems material to its business or operations. In addition, the Company shall permit you and your representatives to visit and inspect the properties of the Company, including its corporate and financial records, and to discuss its business and finances with officers of the Company, during normal business hours following reasonable notice and as often as may be reasonably requested, without interruption of the business of the Company.
Other Information Rights. ManagerCo shall permit any representative designated by any of the Company or the Holders to inspect any of the properties or assets of ManagerCo, including, without limitation, ManagerCo's books of account and register of members, and to discuss its affairs, finances and accounts with its officers, employees, agents and lenders, all at such reasonable times and as often as may be reasonably requested. Accuracy of Records. ManagerCo will at all times keep records with respect to its issued and outstanding share capital (and any warrants, options and rights exercisable for its share capital and instruments convertible or exchangeable for its share capital) which are as accurate, complete and comprehensive as those customarily maintained by a reasonably prudent company. Clawback Rights Agreement 6 <PAGE>
Other Information Rights. The Group Companies agree that each Preferred Shareholder (for the avoidance of doubt, including its Affiliates) that continues to hold at least three percent (3%) of the Company’s then outstanding total share capital commencing immediately after the Closing (on a fully-diluted and as-converted basis), shall have the right, at its own expense, to reasonably visit facilities, properties, review books and records of each Group Company at any time during regular working hours on reasonable prior written notice to such Group Company and the right to discuss the business, operation, and conditions of a Group Company with any Group Company’s directors, officers, employees, accounts, legal counsels, and investment bankers.
Other Information Rights. During the Option Period, the Company hereby ------------------------- covenants and agrees, and each Other Stockholder hereby covenants and agrees to cause the Company, to deliver to Bartech (a) with reasonable promptness after the date on which the Company or any Other Stockholder first obtains knowledge of such, written notice of all legal or arbitration proceedings, and all proceedings by or before any governmental or regulatory authority or agency, and each material development in respect of such legal or other proceedings, affecting the Company, which proceeding involves at least $25,000; (b) as soon as available, but in any event within 90 days after commencement of each new fiscal year, a budget consisting of a business plan and projecting financial statements for such fiscal year; and (c) with reasonable promptness, such other notices, information and data as the Company or any such Other Stockholder deems material to the Company's business or operations. In addition, Bartech and its representatives shall be permitted to visit and inspect the properties of the Company, including its corporate and financial records, and to discuss its business and finances with officers of the Company, during normal business hours following reasonable notice and as often as may be reasonably requested, without interruption of the business of the Company.
