Common use of Preparation of the Financial Statements Clause in Contracts

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.

Appears in 6 contracts

Samples: Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.)

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Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.cash

Appears in 3 contracts

Samples: Underwriting Agreement (Infosys Technologies LTD), Underwriting Agreement (Infosys Technologies LTD), Underwriting Agreement (Semitool Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in the Registration Statement present fairly the information required to be stated therein. Such financial statements and supporting schedules have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.United

Appears in 3 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Sage Inc/Ca), Underwriting Agreement (Ibasis Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present present, or will present, fairly the consolidated financial position of the Company each Feeder Fund and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been or will be prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Carey Credit Income Fund 2017 T), Dealer Manager Agreement (Carey Credit Income Fund 2016 T), Dealer Manager Agreement (Carey Credit Income Fund 2015 T)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in the Registration Statement or any applicable Prospectus.

Appears in 3 contracts

Samples: Exclusive Dealer Manager Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Exclusive Dealer Manager Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Exclusive Dealer Manager Agreement (BDCA Senior Capital, Inc.)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus Financial Statements present fairly in all material respects the consolidated financial position of the Company and the Subsidiary, as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements Financial Statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.), Underwriting Agreement (Patriot Capital Funding, Inc.), Underwriting Agreement (Patriot Capital Funding, Inc.)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements [and supporting schedules] have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.the

Appears in 2 contracts

Samples: Underwriting Agreement (MKS Instruments Inc), Underwriting Agreement (MKS Instruments Inc)

Preparation of the Financial Statements. The financial statements filed statements, together with the Commission as a part related schedules and notes, incorporated by reference in the Time of the Registration Statement Sale Prospectus and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the consolidated results of their its operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.

Appears in 2 contracts

Samples: Underwriting Agreement (Highwoods Realty LTD Partnership), Underwriting Agreement (Highwoods Properties Inc)

Preparation of the Financial Statements. The financial statements filed statements, together with the Commission as a part of the Registration Statement related schedules and notes, included in the Prospectus Offering Memorandum present fairly the consolidated financial position of the Company and its consolidated subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.

Appears in 2 contracts

Samples: Purchase Agreement (Labone Inc/), Purchase Agreement (Financial Federal Corp)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their its operations and cash flows for the periods specified. The supporting schedule included in the Registration Statement presents fairly the information required to be stated therein. Such financial statements and supporting schedule have been prepared in conformity with generally accepted accounting account principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.

Appears in 2 contracts

Samples: Underwriting Agreement (WPT Enterprises Inc), Underwriting Agreement (WPT Enterprises Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their its operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.. The financial statements of CLBI filed with the Commission as a part

Appears in 2 contracts

Samples: Underwriting Agreement (Computer Literacy Inc), Underwriting Agreement (Computer Literacy Inc)

Preparation of the Financial Statements. The consolidated financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly in all material respects the consolidated financial position of the Company and the Subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.flows

Appears in 2 contracts

Samples: Underwriting Agreement (Netsolve Inc), Underwriting Agreement (Netsolve Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.its

Appears in 2 contracts

Samples: Underwriting Agreement (Pain Therapeutics Inc), Underwriting Agreement (Objective Communications Inc)

Preparation of the Financial Statements. The financial statements filed with and the Commission as a part of notes thereto included or incorporated by reference in the Registration Statement Statement, the Preliminary Prospectus and included in the Prospectus present fairly in all material respects the consolidated financial position of the Company as of and at the dates indicated and the condition, results of their operations and cash flows of the entities purported to be shown thereby at the dates and for the periods specified. Such financial statements indicated and have been prepared in conformity accordance with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involvedindicated and comply as to form in all material respects with the rules and regulations of the Commission, except as may be expressly stated in the related notes theretootherwise noted.

Appears in 2 contracts

Samples: Underwriting Agreement (L 3 Communications Holdings Inc), Underwriting Agreement (L 3 Communications Holdings Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of included in the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the consolidated results of their operations and cash flows of the Company and its subsidiaries for the periods specified. Such ; and such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout during the periods involved, except as may be expressly stated involved and have been prepared in conformity with the related notes theretoSecurities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Charter Municipal Mortgage Acceptance Co)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.

Appears in 1 contract

Samples: Underwriting Agreement (Tvia Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their its operations and cash flows for the periods specified. The supporting schedules included in the Registration Statement present fairly the information required to be stated therein. Such financial statements and supporting schedules have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.may

Appears in 1 contract

Samples: Underwriting Agreement (T/R Systems Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.Such

Appears in 1 contract

Samples: Underwriting Agreement (Creditrust Corp)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.dates

Appears in 1 contract

Samples: Underwriting Agreement (United Panam Financial Corp)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied The supporting schedules included in the United States applied on a consistent basis throughout Registration Statement present fairly the periods involved, except as may information required to be expressly stated in the related notes thereto.therein. Such financial

Appears in 1 contract

Samples: Underwriting Agreement (Regeneration Technologies Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in the Registration Statement present fairly the information required to be stated therein. Such financial statements and supporting schedules have been prepared in conformity with generally accepted accounting principles principles, as applied in the United States States, applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.,

Appears in 1 contract

Samples: Underwriting Agreement (Friendlys Restaurants Franchise Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the financial position of the Company (or the consolidated financial position of the Company and its subsidiaries, as the case may be) as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in the Registration Statement present fairly the information required to be stated therein. Such financial statements and supporting schedules have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.conformity

Appears in 1 contract

Samples: Underwriting Agreement (Keynote Systems Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.notes

Appears in 1 contract

Samples: Underwriting Agreement (Youcentric Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their its operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.The supporting

Appears in 1 contract

Samples: Underwriting Agreement (Il Fornaio America Corp)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in the Registration Statement present fairly the information required to be stated therein. Such financial statements and supporting schedules have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.basis

Appears in 1 contract

Samples: Underwriting Agreement (Imanage Inc)

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Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied The supporting schedules included in the United States applied on a consistent basis throughout Registration Statement present fairly the periods involved, except as may information required to be expressly stated in the related notes theretotherein.

Appears in 1 contract

Samples: Underwriting Agreement (Garden Fresh Restaurant Corp /De/)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.United

Appears in 1 contract

Samples: Underwriting Agreement (Quicklogic Corporation)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.. No other financial statements or

Appears in 1 contract

Samples: Underwriting Agreement (California Pizza Kitchen Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States States, applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.may

Appears in 1 contract

Samples: Underwriting Agreement (Loudeye Technologies Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the financial statements or supporting schedules are required to be included in the Registration Statement, the Prospectus or the related notes thereto.

Appears in 1 contract

Samples: Underwriting Agreement (Fluor Corp)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in the Registration Statement present fairly the information required to be stated therein. Such financial statements and supporting schedules have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.related

Appears in 1 contract

Samples: Underwriting Agreement (Data Critical Corp)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.. No other financial statements are required to be

Appears in 1 contract

Samples: Underwriting Agreement (Mpath Interactive Inc/Ca)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of or incorporated by reference in the Registration Statement and included in the Prospectus present fairly fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.in

Appears in 1 contract

Samples: Sales Agreement (Syndax Pharmaceuticals Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly in all material respects the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.related

Appears in 1 contract

Samples: Underwriting Agreement (Hybrid Networks Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiary as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.The

Appears in 1 contract

Samples: Underwriting Agreement (Navisite Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company Company, the Operating Partnership and their respective subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.cash

Appears in 1 contract

Samples: Underwriting Agreement (Healthcare Financial Partners Reit Inc)

Preparation of the Financial Statements. The financial statements Financial Statements --------------------------------------- filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements Financial Statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.the

Appears in 1 contract

Samples: Underwriting Agreement (Lifeminders Com Inc)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present present, or will present, fairly the consolidated financial position of the Company each Feeder Fund and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods period(s) specified. Such financial statements have been or will be prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods period(s) involved, except as may be expressly stated in the related notes thereto.

Appears in 1 contract

Samples: Dealer Manager Agreement (Carey Credit Income Fund 2016 T)

Preparation of the Financial Statements. The audited financial statements filed with the Commission as a part of included or incorporated by reference in the Registration Statement and included the General Disclosure Package, together with the related notes, present fairly, in the Prospectus present fairly all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the consolidated results of their operations and cash flows of the Company and its subsidiaries for the periods specified. Such financial statements specified and have been prepared in all material respects in conformity with U.S. generally accepted accounting principles as applied in the United States applied on a consistent basis throughout during the periods involved, involved (except as may be expressly stated in the related notes theretootherwise noted therein).

Appears in 1 contract

Samples: Underwriting Agreement (Laureate Education, Inc.)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included in the Prospectus present fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.The

Appears in 1 contract

Samples: Underwriting Agreement (Nassda Corp)

Preparation of the Financial Statements. The financial statements filed with the Commission as a part of the Registration Statement and included incorporated by reference in the Prospectus PPM present fairly the consolidated financial position of the Company as of and at the dates indicated and the results of their operations and cash flows for the periods specified. Such financial statements have been prepared in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto.

Appears in 1 contract

Samples: Lead Placement Agent Agreement (MVP REIT II, Inc.)

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