Pretax Income Statement Sample Clauses

Pretax Income Statement. (i) Not later than 90 calendar days following the end of each of the 1997 Fiscal Year, the 1998 Fiscal Year, the 1999 Fiscal Year, and the 2000 Fiscal Year, Parent shall deliver to the Company Shareholders a statement of the Gross Pretax Income and the Net Pretax Income of the Sub for the 1997 Fiscal Year, the 1998 Fiscal Year, the 1999 Fiscal Year, or the 2000 Fiscal Year, as the case may be (the "Pretax Income Statement"), which will be determined in accordance with generally accepted accounting principles ("GAAP") applied on a basis consistent with that used by the Parent from time to time in preparation of Parent's consolidated financial statements, but applied to the Sub as if it were a stand alone entity, which such Pretax Income Statement shall be calculated and audited by Parent's certified public accountants. Parent will pay 50% of the cost of each such audit, up to a maximum of $10,000. The remainder of the costs of such audit will be included in General and Administrative Expenses of the Sub. (ii) If, within 30 days following receipt by the Company Shareholders of the Pretax Income Statement, the Company Shareholders determine in good faith that the amount of
Sample 1
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Pretax Income Statement. (i) Not later than 90 calendar days following the end of each of the 1997 Fiscal Year, the 1998 Fiscal Year, and the 1999 Fiscal Year, Parent shall deliver to the Shareholder Representative a statement of the Pretax Income of the Company for the 1997 Fiscal Year, the 1998 Fiscal Year, or the 1999 Fiscal Year, as the case may be (the "Pretax Income Statement"), which will be determined in accordance with U.S. generally accepted accounting principles ("GAAP") applied on a basis consistent with that used by the Parent from time to time in preparation of Parent's consolidated financial statements, but applied to the Company as if it were a stand alone entity, which such Pretax Income Statement shall be reviewed by Parent's certified public accountants. The costs of such review will be included in General and Administrative Expenses of the Company. (ii) If, within 30 days following receipt by the Shareholder Representative of the Pretax Income Statement, the Shareholder Representative determines in good faith that the amount of Pretax Income as so computed on the Pretax Income Statement is inaccurate, the Shareholder Representative shall give notice to Parent within such 30 day period, (i) setting forth the Shareholder Representative's determination of Pretax Income, and (ii) specifying in reasonable detail the nature of the Shareholder Representative's basis for its disagreement with Parent's calculation. The failure by the Shareholder Representative so to express its disagreement within such 30 day period shall constitute acceptance of the amount of Pretax Income so computed on the Pretax Income Statement by the Company Shareholders and the Pretax Income Statement shall become the "Final Statement." If Parent and the Shareholder Representative are unable to resolve their disagreement within 15 days after receipt by the Shareholder Representative of notice of such disagreement, the items in dispute will be referred to Ernst & Young LLP (or another "Big 6" accounting firm mutually acceptable to Parent and the Shareholder Representative) (the "Accountant") within such 15 day period. The Accountant shall make a determination as to each of the items in dispute, which determination shall be (i) in writing, (ii) furnished to Parent and the Shareholder Representative as promptly as practicable after the items in dispute have been referred to the Accountant, (iii) made in
Sample 1

Related to Pretax Income Statement

  • Earnings Statement The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

  • Earnings Statements As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

  • Financial Statements; Non-GAAP Financial Measures 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 the respective entities to which such financial statements relate (the “Covered Entities”) at the dates indicated and the consolidated statements of operations, stockholders’ equity (deficit) and cash flows of the Covered Entities for the periods specified; said financial statements have been prepared in conformity with U.S. generally accepted accounting principles (“GAAP”) applied on a consistent basis throughout the periods involved. The supporting schedules, if any, present fairly in all material respects in accordance with GAAP the information required to be stated therein. The selected financial data and the summary financial information included in the Registration Statement 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 financial statements included therein. Any pro forma financial statements and the related notes thereto included in the Registration Statement and the Prospectus present fairly in all material respects the information shown therein, have been prepared 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 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, 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 Inline eXtensible Business Reporting Language incorporated by reference in the Registration Statement and the Prospectus, if any, fairly present the information called for in all material respects and has been prepared in accordance with the Commission’s rules and guidelines applicable thereto.

  • Fiscal Year; Accounting The Company's fiscal year shall be the calendar year with an ending month of December.

  • Quarterly Financial Statements As soon as available and in any event within 5 days after the date on which such financial statements are required to be filed with the SEC (after giving effect to any permitted extensions) with respect to each of the first three quarterly accounting periods in each fiscal year of the Borrower (or, if such financial statements are not required to be filed with the SEC, on or before the date that is 45 days after the end of each such quarterly accounting period), the consolidated balance sheets of the Borrower and the Subsidiaries and, if different, the Borrower and the Restricted Subsidiaries, in each case as at the end of such quarterly period and the related consolidated statements of operations for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and the related consolidated statement of cash flows for such quarterly accounting period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, and setting forth comparative consolidated figures for the related periods in the prior fiscal year or, in the case of such consolidated balance sheet, for the last day of the prior fiscal year (or, in lieu of such unaudited financial statements of the Borrower and the Restricted Subsidiaries, a detailed reconciliation reflecting such financial information for the Borrower and the Restricted Subsidiaries, on the one hand, and the Borrower and the Subsidiaries, on the other hand), all of which shall be certified by an Authorized Officer of the Borrower as fairly presenting in all material respects the financial condition, results of operations, stockholders’ equity and cash flows of the Borrower and its Subsidiaries in accordance with GAAP, subject to changes resulting from audit and normal year end audit adjustments.

  • Fiscal Year; Taxable Year The fiscal year and the taxable year of the Company is the calendar year.

  • Financial Statements; Fiscal Year The Current Financials were prepared in accordance with GAAP and present fairly, in all material respects, the consolidated financial condition, results of operations, and cash flows of the Companies as of, and for the portion of the fiscal year ending on the date or dates thereof (subject only to normal audit adjustments). All material liabilities of the Companies as of the date or dates of the Current Financials are reflected therein or in the notes thereto. Except for transactions directly related to, or specifically contemplated by, the Loan Documents or disclosed in the Current Financials, no subsequent material adverse changes have occurred in the consolidated financial condition of the Companies from that shown in the Current Financials. The fiscal year of each Company ends on December 31.

  • Accounting Period The Company’s accounting period shall be the calendar year.

  • Monthly Financial Statements As soon as available, but no later than thirty (30) days after the last day of each month, a company prepared consolidated balance sheet and income statement covering Borrower’s consolidated operations for such month certified by a Responsible Officer and in a form acceptable to Bank (the “Monthly Financial Statements”);

  • Fiscal Year End Change, or permit any Subsidiary of any Borrower to change, its fiscal year end.

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