Preparation of Statements Sample Clauses

Preparation of Statements. To the extent reasonably practicable and unless otherwise ordered by the Bankruptcy Court, the Liquidating Trustee shall, in conjunction with filing the Liquidating Trust’s annual tax return, send to each Beneficiary a statement setting forth the Beneficiary’s share of items of income, gain, loss, deduction, or credit and will instruct all such Beneficiaries to report such items on their federal income tax returns. A final such statement shall also be sent to each Beneficiary within 75 days after the dissolution of the Liquidating Trust. The Liquidating Trust’s taxable income, gain, loss, deduction, or credit will be allocated (subject to provisions of the Plan and the Confirmation Order relating to the Disputed Claims Reserve and the Professional Fee Reserve) to the Beneficiaries in accordance with their relative beneficial interests in the Liquidating Trust, as determined pursuant to this Liquidating Trust Agreement and the Plan.
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Preparation of Statements. (1) The Manager shall furnish to the Board in writing at least two months before the commencement of each fiscal year an estimated budget for the coming fiscal year setting forth by categories the Manager’s best estimate of all expenses of the operation of the Property for the coming fiscal year. On the request of the Board or whenever in the opinion of the Manager any changes from the expenditures forecast in the annual budget make it desirable to do so, the Manager shall submit to the Board a supplementary budget covering the expenses of the Corporation for the Operation of the Property for the remaining portion of the current fiscal year. The Manager will make itself available for consultation with the Board for the purpose of establishing or revising the common expenses to be paid by the owners under the provisions of the Condominium Documents.
Preparation of Statements. Project Co may provide the City with a statement of the specific steps, actions, or activities that Project Co reasonably requests the City to perform or undertake in support of Project Co fulfilling its Project Co Utility Work obligations, including any dates by which the steps, actions or activities must be performed (each, a “City Support Statement”). The steps, actions, or activities described in a City Support Statement must be consistent with the scope of City responsibilities described in Section 3.1 [City Responsibilities] of this Schedule. In the City Support Statement, Project Co shall detail, by relevant date, the specific notifications, steps, actions or activities it has already undertaken prior to preparation of the statement. To the extent Project Co may ascertain or be aware that it may be a relevant factor or consideration, Project Co may include in a City Support Statement a request that the City confirm and clarify: (i) the relevancy and application or non-application of certain terms of certain Utility Agreements to specific Utility Work activities; or (ii) possible recourse rights or remedies the City may have in the circumstances of a Relief Event that may have to be preserved or relied upon in some manner. Concurrently with each Utility Report, Project Co shall provide the City with a listing of City Support Statement requests made of the City, including a brief description of the item as well as an indication of the status of the request.
Preparation of Statements. To the extent reasonably practicable and unless otherwise ordered by the Bankruptcy Court, the Liquidation Trustee shall, in conjunction with filing the Liquidation Trust’s annual tax return for each calendar year in which the Liquidation Trust shall remain in existence, send to each Beneficiary a grantor statement setting forth the Beneficiary’s share of items of income, gain, loss, deduction, or credit and will instruct all such holders to report such items on their federal income tax returns. The Liquidation Trust’s taxable income, gain, loss, deduction, or credit will be allocated (subject to provisions of the Plan and Confirmation Order relating to Disputed Trust Claims) to the Beneficiaries in accordance with their relative beneficial interests in the Liquidation Trust, as determined pursuant to this Agreement, the Plan and the Confirmation Order.
Preparation of Statements. To the extent reasonably practicable and unless otherwise ordered by the Bankruptcy Court, the GUC Trustee shall, in conjunction with filing the GUC Trust’s annual tax return, send to each Beneficiary a statement setting forth the Beneficiary’s share of items of income, gain, loss, deduction, or credit and will instruct all such Beneficiaries to report such items on their federal income tax returns. A final such statement shall also be sent to each Beneficiary within 75 days after the dissolution of the GUC Trust. The GUC Trust’s taxable income, gain, loss, deduction, or credit will be allocated (subject to provisions of the Settlement and any confirmation order entered by the Bankruptcy Court relating to Disputed Claims) to the Beneficiaries in accordance with their relative beneficial interests in the GUC Trust, as determined pursuant to this GUC Trust Agreement and the Settlement.
Preparation of Statements. All DDA image statements will be prepared and ready for disposition no later than the second business day following the cut–off date and the receipt of all enclosures. All DDA non–image statements will be prepared and ready for disposition no later than the third business day following the cut–off date and the receipt of all enclosures. All savings statements (without enclosures) will be prepared and ready for disposition no later than the third business day following the cut–off date.
Preparation of Statements. On or before the date falling 45 days after the first anniversary of the Closing Date, Buyer shall prepare an unaudited income statement, unaudited balance sheet and a statement reflecting the Adjusted EBITACO of Buyer for the twelve-month period ended the first anniversary of the Closing Date ("1997 Statements"). An example of the calculation of Adjusted EBITACO is set forth on SCHEDULE 2.5(A). Additionally, if Seller shall not have exercised its right to receive the Contingent Purchase Price pursuant to Section 2.5(b) prior thereto, and Buyer shall not have exercised its right to require Seller to receive the Contingent Purchase Price pursuant to Section 2.5(b) prior thereto, on or before the dates falling 45 days after each subsequent anniversary of the Closing Date, Buyer shall prepare the same statements for the twelve-month periods ended each subsequent anniversary of the Closing Date (the "Subsequent Statements"). The 1997 Statements and the Subsequent Statements (collectively, the "Statements") shall be prepared by Buyer in accordance with GAAP, as applied in preparation of the Financial Statements.
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Preparation of Statements. Notwithstanding the foregoing, the Buyer may, at its own expense, have its employees or auditors review the working papers or other background materials used to prepare any of the statements described in this Section 2.3, and the Seller shall ensure that the Buyer and its employees and agents have full access to such working papers and other background materials. Any disagreement as to the statements described in this Section 2.3 which cannot be settled by the parties shall be settled by arbitration in accordance with Section 8.19. Seller and its employees and agents will have access to and use of, at no cost, the Retained Employees (including, without limitation, Christopher Pigott) and the xxxxxxxx xxxxxxx xnd Records of the Business after the Closing Date in order to complete the statements described in this Section 2.3, the calculation and adjustment of the Purchase Price and year-end financial statements in all respects. 12

Related to Preparation of Statements

  • Preparation of Filings The Parties will co-operate in the preparation of any application for any required Authorization and any other orders, registrations, consents, filings, rulings, exemptions, no-action letters and approvals, and in the preparation of any documents, reasonably deemed by any of the Parties to be necessary to discharge its respective obligations under this Agreement or otherwise advisable under Applicable Laws.

  • Preparation of Financial Statements The consolidated financial statements included in the Registration Statement, the Disclosure Package and the Prospectus present fairly in all material respects the consolidated financial position of the Company and its subsidiaries, as of the dates indicated, and the corresponding consolidated results of the operations and cash flows for the periods specified. Such financial statements (except as disclosed in the notes thereto or otherwise stated therein) have been prepared in conformity with generally accepted accounting principles applied on a consistent basis throughout the entire period involved. The financial statement schedules, if any, included in the Registration Statement, the Disclosure Package and the Prospectus present fairly in all material respects the information required to be stated therein. The summary financial data and selected financial data included in the Registration Statement, the Disclosure Package and the Prospectus present fairly in all material respects the information shown therein and have been compiled on a basis consistent with that of the audited consolidated financial statements included in the Registration Statement, the Disclosure Package and the Prospectus. The interactive data in the eXtensible Business Reporting Language (“XBRL”) included as an exhibit to the Registration Statement fairly presents the information called for in all material respects and has been prepared in all material respects in accordance with the Commission’s rules and guidelines applicable thereto. The pro forma financial information and the related notes thereto included in each of the Registration Statement, the Disclosure Package and the Prospectus has been prepared in accordance with the Commission’s rules and guidance with respect to pro forma financial information, and the assumptions underlying such pro forma financial information are reasonable and, to the extent such assumptions are material to an understanding of such pro forma financial information, are set forth in each of the Registration Statement, the Disclosure Package and the Prospectus.

  • Truth of Statements Borrower shall not furnish to Lender any certificate or other document that contains any untrue statement of a material fact or that omits to state a material fact necessary to make it not misleading in light of the circumstances under which it was furnished.

  • Preparation of Reports The Servicer shall prepare and deliver such additional reports as required under this Servicing Agreement, including a copy of each Semi-Annual Servicer’s Certificate described in Section 4.01(c)(ii), the annual statements of compliance, attestation reports and other certificates described in Section 3.03 and the Annual Accountant’s Report described in Section 3.04. In addition, the Servicer shall prepare, procure, deliver and/or file, or cause to be prepared, procured, delivered or filed, any reports, attestations, exhibits, certificates or other documents required to be delivered or filed with the SEC (and/or any other Governmental Authority) by the Issuer or the Sponsor under the U.S. federal securities or other applicable laws or in accordance with the Basic Documents, including filing with the SEC, if applicable and required by applicable law, a copy or copies of (A) the Monthly Servicer’s Certificates described in Section 3.01(b)(i) (under Form 10-D or any other applicable form), (B) the Semi-Annual Servicer’s Certificates described in Section 4.01(c)(ii) (under Form 10-D or any other applicable form), (C) the annual statements of compliance, attestation reports and other certificates described in Section 3.03 and (D) the Annual Accountant’s Report (and any attestation required under Regulation AB) described in Section 3.04. In addition, the appropriate officer or officers of the Servicer shall (in its separate capacity as Servicer) sign the Sponsor’s annual report on Form 10-K (and any other applicable SEC or other reports, attestations, certifications and other documents), to the extent that the Servicer’s signature is required by, and consistent with, the U.S. federal securities laws and/or any other applicable law.

  • Preparation of the Financial Statements The financial statements included or incorporated by reference in the Registration Statement and the Prospectus, together with the related schedules and notes, present fairly in all material respects the consolidated financial position of the Company and its consolidated subsidiaries as of and at the dates indicated and the statement of operations, shareholders’ equity and cash flows for the periods specified. Such financial statements and supporting schedules included or incorporated by reference in the Registration Statement and the Prospectus comply as to form in all material respects with the applicable accounting requirements of the Securities Act and have been prepared in conformity with generally accepted accounting principles in the United States (“GAAP”) applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. The supporting schedules, if any, present fairly in all material respects in accordance with GAAP the information required to be stated therein as of the dates indicated. The pro forma financial statements and the related notes thereto included in the Registration Statement and the Prospectus, if any, present fairly the information shown therein, have been prepared in all material respects in accordance with the Commission’s rules and guidelines with respect to pro forma financial statements and have been properly compiled on the bases described therein, and the assumptions used in the preparation thereof are reasonable and the adjustments used therein are appropriate to give effect to the transactions and circumstances referred to therein. Except as included or incorporated by reference therein, no historical or pro forma financial statements or supporting schedules are required to be included or incorporated by reference in the Registration Statement or the Prospectus under the Securities Act. All disclosures contained in the Registration Statement or the Prospectus, or incorporated by reference therein, regarding “non-GAAP financial measures” (as such term is defined by the rules and regulations of the Commission) comply in all material respects with Regulation G of the Exchange Act and Item 10 of Regulation S-K of the Securities Act, to the extent applicable. The interactive data in eXtensible Business Reporting Language incorporated by reference in the Registration Statement and the Prospectus fairly presents the information called for in all material respects and has been prepared in accordance with the Commission's rules and guidelines applicable thereto.

  • Nature of Statements All statements contained in any Exhibit, certificate or other instruments delivered by or on behalf of any party hereto pursuant to this Agreement, shall be deemed representations and warranties by such party.

  • Accuracy of Statements Neither this Agreement nor any Schedule, Exhibit, statement, list, document, certificate or other information furnished by or on behalf of the Company to the Purchaser in connection with this Agreement or any of the transactions contemplated hereby contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained herein or therein, in light of the circumstances in which they are made, not misleading.

  • Execution of Financing Statements Pursuant to Section 9-402 of the New York UCC and any other applicable law, each Grantor authorizes the Collateral Agent to file or record financing statements and other filing or recording documents or instruments with respect to the Collateral without the signature of such Grantor in such form and in such offices as the Collateral Agent reasonably determines appropriate to perfect the security interests of the Collateral Agent under this Agreement. A photographic or other reproduction of this Agreement shall be sufficient as a financing statement or other filing or recording document or instrument for filing or recording in any jurisdiction.

  • Preparation of Returns The Managing Member shall cause to be prepared all federal, state and local tax returns of the Company for each year for which such returns are required to be filed and shall cause such returns to be timely filed. The Managing Member shall determine the appropriate treatment of each item of income, gain, loss, deduction and credit of the Company and the accounting methods and conventions under the tax laws of the United States of America, the several states and other relevant jurisdictions as to the treatment of any such item or any other method or procedure related to the preparation of such tax returns. Except as specifically provided otherwise in this Agreement, the Managing Member may cause the Company to make or refrain from making any and all elections permitted by such tax laws. As promptly as practicable after the end of each Fiscal Year, the Managing Member shall cause the Company to provide to each Member a Schedule K-1 for such Fiscal Year. Additionally, the Managing Member shall cause the Company to provide to each Member, to the extent commercially reasonable and available to the Company without undue cost, any information reasonably required by the Member to prepare, or in connection with an audit of, such Member’s income tax returns.

  • Preparation of Proxy Statement Xxxxx shall prepare and file with the SEC the Proxy Statement at the earliest practicable date after the Offer has expired or terminated (unless 90% or more of outstanding Xxxxx Common Stock is acquired by Merger Sub pursuant to the Offer or Xxxxx Common Stock ceases to be registered under the Exchange Act in accordance with applicable law); and shall use all reasonable efforts to have the Proxy Statement cleared by the SEC. If at any time prior to the Effective Time any event shall occur that is required to be set forth in an amendment of or a supplement to the Proxy Statement, Xxxxx shall prepare and file with the SEC such amendment or supplement as soon thereafter as is reasonably practicable. Buyer, Merger Sub and Xxxxx shall cooperate with each other in the preparation of the Proxy Statement, and Xxxxx shall promptly notify Buyer of the receipt of any comments of the SEC with respect to the Proxy Statement and of any requests by the SEC for any amendment or supplement thereto or for additional information, and shall promptly provide to Buyer copies of all correspondence between Xxxxx or any representative of Xxxxx and the SEC with respect to the Proxy Statement. Xxxxx shall give Buyer and its counsel the opportunity to review the Proxy Statement and all responses to requests for additional information by and replies to comments of the SEC before their being filed with, or sent to, the SEC. If the Proxy Statement is required to be filed with the SEC, each of Xxxxx, Buyer and Merger Sub agrees to use all reasonable efforts, after consultation with the other parties hereto, to respond promptly to all such comments of and requests by the SEC and to cause the Proxy Statement to be mailed to the holders of Xxxxx Common Stock entitled to vote at the Shareholder Meeting at the earliest practicable time.

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