Paragraph 5A(1) Clause Samples

Paragraph 5A(1). Paragraph 5A(1) is hereby modified and amended by deleting clause (i) in its entirety and substituting the following in lieu thereof: (i) as soon as practicable and in any event within 30 days after the end of each of the first eleven months of each Fiscal Year (Other than those months corresponding to the end of a Fiscal Quarter) and within 45 days (or such additional number of days, not to exceed 5, by which the required filing of financial statements with the SEC is automatically extended under the SEC’s filing requirements) after the end of each month corresponding to the end of a Fiscal Quarter, (a) statements of operations, patrons’ and other equity and comprehensive income (loss) and cash flows for such month and if the last day of such month is also the last day of a Fiscal Quarter, for such Fiscal Quarter and for the period from the beginning of the current Fiscal Year to the end of such month or Fiscal Quarter, as applicable, and (b) balance sheet as at the end of such month or Fiscal Quarter, as applicable, setting forth in each case in comparative form figures for the corresponding period in the preceding Fiscal Year, all in reasonable detail and satisfactory in form to the Required Holder(s). The foregoing shall be certified by an authorized financial officer of the Company as fairly presenting, in all material respects, the financial condition of the Company and its Consolidated Subsidiaries as of the end of such period and the results of their operations for the period then ended in accordance with GAAP, subject to changes resulting from normal year-end adjustments and the inclusion of abbreviated footnotes;”
Paragraph 5A(1). Paragraph 5A(1) is hereby modified and amended by deleting clauses (i) and (ii) in their entireties and substituting the following in lieu thereof: (i) As soon as practicable and in any event within 45 days (or such additional number of days, not to exceed 5, by which the required filing of financial statements with the SEC is automatically extended under the SEC’s filing requirements) after the end of each of the first 3 Fiscal Quarters of each Fiscal Year of the Company (a) unaudited consolidated and consolidating statements of operations and cash flow of the Company and its Subsidiaries for such quarter and for the period from the beginning of the current Fiscal Year to the end of such quarter, (b) an unaudited consolidated and consolidating balance sheet of the Company and its Subsidiaries as at the end of such quarter, setting forth, with respect to such consolidated statements of operations and cash flow and such consolidated balance sheet, in comparative form, figures for the corresponding period in the preceding fiscal year all in reasonable detail and certified by the chief financial officer, controller or chief accounting officer of the Company as having been prepared in accordance with GAAP, and (c) a management discussion and analysis; provided, that delivery by the Company of a quarterly report on Form 10-Q for such Fiscal Quarter pursuant to clause (iii) below shall be sufficient for purposes of satisfying the requirements of this clause (i); (ii) As soon as practicable and in any event within 90 days (or such additional number of days, not to exceed 5, by which the required filing of financial statements with the SEC is automatically extended under the SEC’s filing requirements) after the end of each Fiscal Year, a consolidating and consolidated and business segment statements of operations and cash flow of the Company and its Subsidiaries for such year and a consolidating and consolidated and business segment balance sheet of the Company and its Subsidiaries as at the end of such year, setting forth, with respect to such consolidated statements of operations and cash flow and such consolidated balance sheet, in comparative form, corresponding figures from the preceding annual audit, all in reasonable detail and reasonably satisfactory in scope to the Required Holders, and, in the case of such consolidated financial statements, certified to the Company by independent public accounts of recognized national standing selected by the Company (an...

Related to Paragraph 5A(1)

  • PARAGRAPH TWO This Agreement shall also be accelerated, upon which the debt shall become enforceable and any disbursements shall be immediately suspended, on the date when any person who exercises a salaried position at the BENEFICIARY or is among its owners, controlling members, or officers is certified or takes office as a Federal Deputy or Senator, as such persons are subject to the prohibitions set forth in article 54, items I and II of the Federal Constitution. No default charges shall be imposed if the payment occurs within five (5) business days from the date of such certification, under penalty of otherwise the charges established for events of acceleration due to default being imposed.

  • Paragraph 2nd As of January 1st, 2008, the factor of transference X will be established by Anatel based on methodology considering the optimization of the costs of service rendering, as per terms of the regulation.

  • Section 4 04 Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.......................................................65 Section 4.05 Allocation of Realized Losses.........................................66 Section 4.06 Reports of Foreclosures and Abandonment of Mortgaged Property.........66 Section 4.07 Optional Purchase of Defaulted Mortgage Loans.........................67 Section 4.08 Surety Bond...........................................................67

  • Section 6 5 No Action Except Under Specified Documents or Instructions............................23 Section 6.6 Restrictions..........................................................................24

  • Paragraph (c) of sub‑clause (1) of clause 8 is amended by adding thereto a new paragraph as follows: