Provision of Reports and Financial Statements. The Issuer will provide to the Trustee, and the Trustee shall deliver to the Holders, the following: (a) within 60 days after the end of each quarterly fiscal period in each fiscal year of the Issuer, other than the last quarterly fiscal period of each such fiscal year, copies of: (i) an unaudited consolidated statements of financial position as at the end of such quarterly fiscal period and unaudited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such quarterly fiscal period and, in the case of the second and third quarters, for the portion of the fiscal year ending with such quarter; and (ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum; and (b) within 120 days after the end of each fiscal year of the Issuer, copies of: (i) an audited consolidated statements of financial position of the Issuer as at the end of such year and audited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such fiscal year, together with a report of the Issuer’s auditors thereon; and (ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum; in the case of each of Sections 7.5(a)(i) and 7.5(b)(i) prepared in accordance with IFRS. The reports referred to in Sections 7.5(a)(i) and 7.5(b)(i) are collectively referred to as the “Financial Reports.” (c) The Issuer will, within 15 Business Days after providing to the Trustee any Financial Report, hold a conference call to discuss such Financial Report and the results of operations for the applicable reporting period. The Issuer will also maintain a website to which Holders, prospective investors and securities analysts are given access, on which not later than the date by which the Financial Reports are required to be provided to the trustee pursuant to the immediately preceding paragraph, the Issuer (i) makes available such Financial Reports and (ii) provides details about how to access on a toll-free basis the quarterly conference calls described above. (d) Notwithstanding the foregoing paragraphs, (i) all Financial Reports will be deemed to have been provided to the Trustee and the Holders once filed on either (A) the System for Electronic Document Analysis and Retrieval (SEDAR) or any successor system thereto; or (B) XXXXX or any successor system thereto, and the Issuer will not be required to maintain a website on which it makes such Financial Reports available, and (ii) if the Issuer holds a quarterly conference call for its equity holders within 15 Business Days of filing a Financial Report on SEDAR or XXXXX or any successor systems thereto, Holders shall be permitted to attend such conference call. (e) Concurrently with the delivery of Financial Reports by the Issuer under Sections 7.5(a)(i) and 7.5(b)(i), the Issuer shall deliver to the Collateral Trustee an Officer’s Certificate as to whether the Security Coverage Test was met as of the date of the applicable Financial Report and setting out such information and calculations with respect thereto as the Collateral Trustee may reasonably request.
Appears in 3 contracts
Samples: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.), Trust Indenture
Provision of Reports and Financial Statements. The Issuer will provide to the Trustee, and the Trustee shall deliver to the Holders, the following:
(a) within 60 days after the end of each quarterly fiscal period in each fiscal year of the Issuer, other than the last quarterly fiscal period of each such fiscal year, copies of:
(i) an unaudited consolidated statements of financial position as at the end of such quarterly fiscal period and unaudited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such quarterly fiscal period and, in the case of the second and third quarters, for the portion of the fiscal year ending with such quarter; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum”; and
(b) within 120 days after the end of each fiscal year of the Issuer, copies of:
(i) an audited consolidated statements of financial position of the Issuer as at the end of such year and audited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such fiscal year, together with a report of the Issuer’s auditors thereon; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum”; in the case of each of the Sections 7.5(a)(i6.5(a)(i) and 7.5(b)(i6.5(b)(i) prepared in accordance with IFRS. The reports referred to in Sections 7.5(a)(i6.5(a)(i) and 7.5(b)(i6.5(b)(i) are collectively referred to as the “Financial Reports.”
(c) The Issuer will, within 15 Business Days after providing to the Trustee any Financial Report, hold a conference call to discuss such Financial Report and the results of operations for the applicable reporting period. The Issuer will also maintain a website to which Holders, prospective investors and securities analysts are given access, on which not later than the date by which the Financial Reports are required to be provided to the trustee pursuant to the immediately preceding paragraph, the Issuer (i) makes available such Financial Reports and (ii) provides details about how to access on a toll-free basis the quarterly conference calls described above.
(d) Notwithstanding the foregoing paragraphs, at any time that the Issuer remains a “reporting issuer” (or its equivalent) in any province or territory of Canada, (i) all Financial Reports will be deemed to have been provided to the Trustee and the Holders once filed on either (A) the System for Electronic Document Analysis and Retrieval (SEDAR) or any successor system thereto; or (B) XXXXX SEDAR or any successor system thereto, and (ii) the Issuer will not be required to maintain a website on which it makes such Financial Reports available, and (iiiii) if the Issuer holds a quarterly conference call for its equity holders within 15 Business Days of filing a Financial Report on SEDAR or XXXXX or any successor systems system thereto, Holders shall be permitted to attend such conference call.
(e) Concurrently with the delivery of Financial Reports by the Issuer under Sections 7.5(a)(i) and 7.5(b)(i), the Issuer shall deliver to the Collateral Trustee an Officer’s Certificate as to whether the Security Coverage Test was met as of the date of the applicable Financial Report and setting out such information and calculations with respect thereto as the Collateral Trustee may reasonably request.
Appears in 3 contracts
Samples: Trust Indenture (Trulieve Cannabis Corp.), Trust Indenture, Trust Indenture
Provision of Reports and Financial Statements. The (a) Unless the Issuer has filed the same on the System for Electronic Document Analysis and Retrieval or any successor system thereto (“SEDAR”), the Issuer will provide to the Trustee, and the Trustee shall deliver to the Holders, the following:
(a) within 60 days after the end a copy of each quarterly fiscal period in each fiscal year of the Issuer, other than the last quarterly fiscal period of each such fiscal year, copies of:
(i) an unaudited consolidated statements of financial position as at the end of such quarterly fiscal period and unaudited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such quarterly fiscal period and, in the case of the second and third quarters, for the portion of the fiscal year ending with such quarter; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum; and
(b) within 120 days after of the end of each fiscal year of the Issuer, copies of:
(i) an audited consolidated annual financial statements of financial position of the Issuer as at the end of such year and audited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such fiscal year, together with year and a report of the Issuer’s auditors thereon; and
thereon and (ii) within 60 days of the end of each of the first three fiscal quarters of every fiscal year of the Issuer, unaudited quarterly financial statements of the Issuer for such fiscal quarter, together with (in the case of each of clauses (i) and (ii)) an associated “Managementmanagement’s Discussion discussion and Analysis” analysis (all of the foregoing financial information to be prepared on a basis substantially consistent with the corresponding financial information required to be filed by a “Management’s Discussion and Analysisreporting issuer” included in under the Offering Memorandum; in securities laws of the case Province of each of Sections 7.5(a)(iOntario).
(b) Unless the documents contemplated by clauses (i) and 7.5(b)(i(ii) prepared in accordance with IFRS. The reports referred to in Sections 7.5(a)(i) and 7.5(b)(iof Section 5.5(a) are collectively referred to as available on SEDAR or any successor system thereto, the “Financial Reports.”
(c) The Issuer will, within 15 Business Days after providing to the Trustee any Financial Report, hold a conference call to discuss such Financial Report and the results of operations for the applicable reporting period. The Issuer will also maintain a website to which the Holders, Beneficial Holders, prospective investors and securities analysts are given accessfree access and on which, on which not later than the date by which the Financial Reports such documents are required to be provided to the trustee Trustee pursuant to Section 5.5(a), such documents are made available. Making such documents so available shall be deemed to satisfy the requirements of the immediately preceding paragraph, paragraph that such documents be provided to the Issuer (i) makes available such Financial Reports and (ii) provides details about how to access on a toll-free basis the quarterly conference calls described aboveTrustee.
(dc) Notwithstanding the foregoing paragraphs, (i) all Financial Reports will be deemed to have been provided to the Trustee and the Holders once filed on either (A) the System for Electronic Document Analysis and Retrieval (SEDAR) or any successor system thereto; or (B) XXXXX or any successor system thereto, and Unless the Issuer will not be is a “reporting issuer” under applicable Canadian securities legislation required to maintain a website on which it makes such Financial Reports availablefile information with one or more securities regulators in Canada, and (ii) if the Issuer holds a quarterly conference call for its equity holders within no later than 15 Business Days of filing a Financial Report on SEDAR or XXXXX or any successor systems thereto, Holders shall be permitted after the date the annual and quarterly financial information has been furnished pursuant to attend such conference call.
(e) Concurrently with the delivery of Financial Reports by the Issuer under Sections 7.5(a)(i) and 7.5(b)(iSection 5.5(a), the Issuer shall deliver hold a live quarterly conference call with the opportunity for participants (which shall include Beneficial Holders) to ask questions of management. No fewer than five Business Days prior to the Collateral Trustee an Officer’s Certificate as date such call is to whether be held, the Security Coverage Test was met as of Issuer shall issue a press release through a customary news or wire service or through a posting to the website maintained under 5.5(b) announcing the time and date of the applicable Financial Report such call and setting out providing information on how to access such information and calculations with respect thereto as the Collateral Trustee may reasonably requestcall.
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Provision of Reports and Financial Statements. The Issuer will provide to the Trustee, and the Trustee shall deliver to the Holders, the following:
(a) within 60 days after the end of each quarterly fiscal period in each fiscal year of the Issuer, other than the last quarterly fiscal period of each such fiscal year, copies of:
(i) an unaudited consolidated statements of financial position as at the end of such quarterly fiscal period and unaudited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such quarterly fiscal period and, in the case of the second and third quarters, for the portion of the fiscal year ending with such quarter; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum”; and
(b) within 120 days after the end of each fiscal year of the Issuer, copies of:
(i) an audited consolidated statements of financial position of the Issuer as at the end of such year and audited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such fiscal year, together with a report of the Issuer’s auditors thereon; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum”; in the case of each of the Sections 7.5(a)(i6.4(a)(i) and 7.5(b)(i6.4(b)(i) prepared in accordance with IFRSthe Applicable Accounting Standards. The reports referred to in Sections 7.5(a)(i6.4(a)(i) and 7.5(b)(i6.4(b)(i) are collectively referred to as the “Financial Reports.”
(c) The Issuer will, within 15 fifteen (15) Business Days after providing to the Trustee any Financial Report, hold a conference call to discuss such Financial Report and the results of operations for the applicable reporting period. The Issuer will also maintain a website to which Holders, prospective investors and securities analysts are given access, on which not later than the date by which the Financial Reports are required to be provided to the trustee Trustee pursuant to the immediately preceding paragraphSection 6.4(b), the Issuer (i) makes available such Financial Reports and (ii) provides details about how to access on a toll-free basis the quarterly conference calls described above.
(d) Notwithstanding this Section 6.4, at any time that the foregoing paragraphsIssuer remains a “reporting issuer” (or its equivalent) in the United States of America or in any province or territory of Canada, (i) all Financial Reports will be deemed to have been provided to the Trustee and the Holders once filed on either (A) the System for Electronic Document Analysis and Retrieval (SEDAR) SEDAR or any successor system thereto; or (B) XXXXX or any successor system thereto, and (ii) the Issuer will not be required to maintain a website on which it makes such Financial Reports available, and (iiiii) if the Issuer holds a quarterly conference call for its equity holders within 15 fifteen (15) Business Days of filing a Financial Report on SEDAR or XXXXX or any successor systems system thereto, Holders shall be permitted to attend such conference call.
(e) Concurrently with the delivery of Financial Reports by the Issuer under Sections 7.5(a)(i) call and 7.5(b)(i), the Issuer shall deliver not be required to the Collateral Trustee an Officer’s Certificate as to whether the Security Coverage Test was met as of the date of the applicable Financial Report and setting out such information and calculations with respect thereto as the Collateral Trustee may reasonably requesthold any conference call described Section 6.4(c).
Appears in 1 contract
Provision of Reports and Financial Statements. The Issuer will provide to the Trustee, and the Trustee shall deliver to the Holders, the following:
(a) within 60 days after the end of each quarterly fiscal period in each fiscal year of the Issuer, other than the last quarterly fiscal period of each such fiscal year, copies of:
(i) an unaudited consolidated statements statement of financial position as at the end of such quarterly fiscal period and unaudited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such quarterly fiscal period and, in the case of the second and third quarters, for the portion of the fiscal year ending with such quarter; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included prepared by or on behalf of the Issuer under the requirements of National Instrument 51-102 or prepared in accordance with Item 303 of Regulation S-K under the Offering MemorandumSecurities Exchange Act of 1934 of the United States of America, as amended from time to time; and
(b) within 120 days after the end of each fiscal year of the Issuer, copies of:
(i) an audited consolidated statements statement of financial position of the Issuer as at the end of such year and audited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such fiscal year, together with a report of the Issuer’s auditors thereon; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Annual Management’s Discussion and Analysis” included prepared by or on behalf of the Issuer under the requirements of National Instrument 51-102 or prepared in accordance with Item 303 of Regulation S-K under the Offering MemorandumSecurities Exchange Act of 1934 of the United States of America, as amended from time to time; in the case of each of the Sections 7.5(a)(i6.5(a)(i) and 7.5(b)(i6.5(b)(i) prepared in accordance with IFRS. The reports referred to in Sections 7.5(a)(i6.5(a)(i) and 7.5(b)(i6.5(b)(i) are collectively referred to as the “Financial Reports.”
(c) The Issuer will, within 15 Business Days after providing to the Trustee any Financial Report, hold a conference call to discuss such Financial Report and the results of operations for the applicable reporting period. The Issuer will also maintain a website to which Holders, prospective investors and securities analysts are given access, on which not later than the date by which the Financial Reports are required to be provided to the trustee pursuant to the immediately preceding paragraph, the Issuer (i) makes available such Financial Reports and (ii) provides details about how to access on a toll-free basis the quarterly conference calls described above.
(d) Notwithstanding the foregoing paragraphs, (i) all Financial Reports will be deemed to have been provided to the Trustee and the Holders once filed on either (A) the System for Electronic Document Analysis and Retrieval (SEDAR) or any successor system thereto; or (B) XXXXX or any successor system thereto, and the Issuer will not be required to maintain a website on which it makes such Financial Reports available, and (ii) if the Issuer holds a quarterly conference call for its equity holders within 15 Business Days of filing a Financial Report on SEDAR or XXXXX or any successor systems thereto, Holders shall be permitted to attend such conference call.
(e) Concurrently with the delivery of Financial Reports by the Issuer under Sections 7.5(a)(i) and 7.5(b)(i), the Issuer shall deliver to the Collateral Trustee an Officer’s Certificate as to whether the Security Coverage Test was met as of the date of the applicable Financial Report and setting out such information and calculations with respect thereto as the Collateral Trustee may reasonably request.
Appears in 1 contract
Provision of Reports and Financial Statements. The Issuer will provide to the Trustee, and the Trustee shall deliver to the Holders, the following:
(a) within 60 days after the end of each quarterly fiscal period in each fiscal year of the Issuer, other than the last quarterly fiscal period of each such fiscal year, copies of:
(i) an unaudited consolidated statements of financial position as at the end of such quarterly fiscal period and unaudited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such quarterly fiscal period and, in the case of the second and third quarters, for the portion of the fiscal year ending with such quarter; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum”; and
(b) within 120 days after the end of each fiscal year of the Issuer, copies of:
(i) an audited consolidated statements of financial position of the Issuer as at the end of such year and audited consolidated statements of net income and other comprehensive income, cash flows and changes in equity of the Issuer for such fiscal year, together with a report of the Issuer’s auditors thereon; and
(ii) an associated “Management’s Discussion and Analysis” prepared on a basis substantially consistent with the “Management’s Discussion and Analysis” included in the Offering Memorandum”; in the case of each of Sections 7.5(a)(i6.4(a)(i) and 7.5(b)(i6.4(b)(i) prepared in accordance with IFRSthe Applicable Accounting Standards. The reports referred to in Sections 7.5(a)(i6.4(a)(i) and 7.5(b)(i6.4(b)(i) are collectively referred to as the “Financial Reports.”
(c) The Issuer will, within 15 fifteen (15) Business Days after providing to the Trustee any Financial Report, hold a conference call to discuss such Financial Report and the results of operations for the applicable reporting period. The Issuer will also maintain a website to which Holders, prospective investors and securities analysts are given access, on which not later than the date by which the Financial Reports are required to be provided to the trustee Trustee pursuant to the immediately preceding paragraphSection 6.4(b), the Issuer (i) makes available such Financial Reports and (ii) provides details about how to access on a toll-free basis the quarterly conference calls described above.
(d) Notwithstanding this Section 6.4, at any time that the foregoing paragraphsIssuer remains a “reporting company” or “reporting issuer” (or its equivalent) in the United States of America or in any province or territory of Canada, (i) all Financial Reports will be deemed to have been provided to the Trustee and the Holders once filed on either (A) the System for Electronic Document Analysis and Retrieval (SEDAR) SEDAR+ or any successor system thereto; or (B) XXXXX or any successor system thereto, and (ii) the Issuer will not be required to maintain a website on which it makes such Financial Reports available, and (iiiii) if the Issuer holds a quarterly conference call for its equity holders within 15 fifteen (15) Business Days of filing a Financial Report on SEDAR SEDAR+ or XXXXX or any successor systems system thereto, Holders shall be permitted to attend such conference call.
(e) Concurrently with the delivery of Financial Reports by the Issuer under Sections 7.5(a)(i) call and 7.5(b)(i), the Issuer shall deliver not be required to the Collateral Trustee an Officer’s Certificate as to whether the Security Coverage Test was met as of the date of the applicable Financial Report and setting out such information and calculations with respect thereto as the Collateral Trustee may reasonably requesthold any conference call described in Section 6.4(c).
Appears in 1 contract