Periodic Financial Information. On or prior to the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall furnish such information to Ameriprise, confirmed in writing, and shall file such information pursuant to the rules and regulations promulgated under the Securities Act or the Exchange Act as required thereunder.
Periodic Financial Information. Except as otherwise provided in subsection (p) of this Section 3, within twenty-four hours of a release to the general public of interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall promptly furnish such information to the Selling Agents (if the documents containing such information are not then publicly available on a website or other electronic system maintained by the Commission).
Periodic Financial Information. Except as otherwise provided in Section 4(m), on or prior to the date on which there shall be released to the general public interim financial statement information related to the Company or Global Funding with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, Global Funding shall, and Global Funding agrees to cause the Company to, furnish such information to the Agents, confirmed in writing, and thereafter promptly shall cause the Prospectus to be amended or supplemented to include financial information with respect thereto and corresponding information for the comparable period of the preceding fiscal year, as well as such other information and explanations, to the extent required by the 1933 Act or the 1933 Act Regulations.
Periodic Financial Information. Except as otherwise provided in Section 2(i), on or prior to the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall furnish such information to the Agents, confirmed in writing.
Periodic Financial Information. For so long as the Company is not subject to the periodic reporting requirements of Section 12 of the Exchange Act:
(i) within one hundred twenty (120) days after the end of each fiscal year of the Company, commencing with the year ending June 30, 2014, the Company shall provide each Major Series D Investor with audited consolidated financial statements of the Company and its subsidiaries for such fiscal year, consisting of an income statement, balance sheet and statement of changes in financial position, and prepared in accordance with generally accepted accounting principles consistently applied (“GAAP”); and
(ii) within thirty (30) days after the end of each calendar month during each fiscal year of the Company and its subsidiaries, commencing with the month ending June 30, 2014, the Company shall provide each Major Series D Investor the unaudited monthly financial information consistent with past practices that is provided by the Company to the members of its senior management team, including, without limitation, consolidated and consolidating income statements, balance sheets and statements of cash flow for the Company and its subsidiaries.
Periodic Financial Information. The Company covenants and agrees that, commencing on the date of this Agreement, for so long as any Investor holds at least one million (1,000,000) shares of Common Stock of the Company (the “Common Stock”) issued or issuable upon the conversion of shares of Preferred Stock (including shares of Preferred Stock issuable upon exercise of the Series C-1 Warrant) (collectively, the “Conversion Stock”) the Company will:
(a) Annual Reports. Furnish to such Investor, as soon as practicable and in any event within two hundred seventy (270) days after the end of each fiscal year of the Company, a consolidated balance sheet as of the end of such fiscal year, a consolidated statement of operations and a consolidated statement of cash flows of the Company and its subsidiaries for such year, setting forth in each case in comparative form the figures from the Company’s previous fiscal year (if any), all prepared in accordance with generally accepted accounting principles and practices consistently applied and audited by nationally recognized independent certified public accountants.
Periodic Financial Information. On or prior to the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall furnish such information to Ameriprise, confirmed in writing, and shall file such information pursuant to the rules and regulations promulgated under the Securities Act or the Exchange Act as required thereunder. Audited Financial Information. On or prior to the date on which there shall be released to the general public financial information included in or derived from the audited financial statements of the Company for the preceding fiscal year, the Company shall furnish such information to Ameriprise, confirmed in writing, and shall file such information pursuant to the rules and regulations promulgated under the Securities Act or the Exchange Act as required thereunder.
Periodic Financial Information. As soon as available, and in any event within thirty (30) days after the end of each calendar month, the Obligors shall deliver the unaudited consolidated balance sheets and statements of income of the Obligors and their respective Subsidiaries, as at the end of such month, and within forty-five (45) days after the end of each fiscal quarter, the Obligors shall deliver, unaudited stockholders' equity and cash flow for such quarter and for the period from the beginning of the then current Fiscal Year to the end of such quarter. The Obligors shall, within thirty (30) days after the end of each month of each Fiscal Year, deliver to the Purchaser an aged analysis of all outstanding accounts receivable of each Obligor; provided, however, that the Obligors may discharge this obligation by delivering to the Purchaser any accounts receivable aging report required under the Senior Credit Agreement at the times set forth in the Senior Credit Agreement.
Periodic Financial Information. Except as otherwise ------------------------------ provided in subsection (i) of this Section 4, on or prior to the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall furnish such information to the Agents.
Periodic Financial Information. Except as otherwise provided in subsection (k) of this Section, on or prior to the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall furnish such information to the Agents, confirmed in writing, and thereafter shall cause the Prospectus to be amended or supplemented to include or incorporate by reference financial information with respect thereto, as well as such other information and explanations as shall be necessary for an understanding thereof, as may be required by the 1933 Act or the 1934 Act or otherwise.
