Common use of Provision of Reports and Financial Statements Clause in Contracts

Provision of Reports and Financial Statements. (a) The Company shall provide to the Administrative Agent and holders of Floating Rate Notes: (i) within 90 days after the end of each fiscal year of the Company, audited consolidated financial statements of the Company for such fiscal year and (ii) within 60 days after the end of each of the first three fiscal quarters of the Company, unaudited consolidated financial statements of the Company for such fiscal quarter. Each of the financial statements referred to in (i) and (ii) shall be prepared in accordance with Argentine GAAP consistently applied, shall be translated into English, and shall be accompanied by a discussion and analysis, substantially in the format of the "Management's Discussion and Analysis of Financial Condition and Results of Operations" that would be included in a Form 20-F filed under the Exchange Act, except that such discussion and analysis will be required only to compare the financial condition and results of operations of the fiscal year or fiscal quarter most recently ended to the prior fiscal year or comparable fiscal quarter of the prior fiscal year, as applicable. The financial statements referred to in (i) shall contain a reconciliation to U.S. GAAP of net income and shareholders' equity and a report thereon by the Company's independent auditors. In addition, the Company shall provide to the Administrative Agent and holders of Floating Rate Notes an English translation of each document filed by the Company with the CNV and made publicly available in Argentina. (b) The Company and any Subsidiary Guarantors shall at all times comply with the periodic reporting requirements of the CNV and the BASE as in effect at the time of reporting. (c) The Company's delivery of such reports, information and documents to the Administrative Agent is for informational purposes only and the Administrative Agent's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Administrative Agent is entitled to rely exclusively on Officers' Certificates).

Appears in 2 contracts

Samples: Loan Agreement (Leitesol Industry & Commerce Inc.), Loan Agreement (Mastellone Brothers Inc)

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Provision of Reports and Financial Statements. (a) The Company shall provide to the Administrative Agent and holders of Floating Rate NotesLender: (i) within 90 days after the end of each fiscal year of the Company, audited consolidated financial statements of the Company for such fiscal year and (ii) within 60 days after the end of each of the first three fiscal quarters of the Company, unaudited consolidated financial statements of the Company for such fiscal quarter. Each of the financial statements referred to in (i) and (ii) shall be prepared in accordance with Argentine GAAP consistently applied, shall be translated into English, and shall be accompanied by a discussion and analysis, substantially in the format of the "Management's Discussion and Analysis of Financial Condition and Results of Operations" that would be included in a Form 20-F filed under the Exchange Act, except that such discussion and analysis will be required only to compare the financial condition and results of operations of the fiscal year or fiscal quarter most recently ended to the prior fiscal year or comparable fiscal quarter of the prior fiscal year, as applicable. The financial statements referred to in (i) shall contain a reconciliation to U.S. GAAP of net income and shareholders' equity and a report thereon by the Company's independent auditors. In addition, the Company shall provide to the Administrative Agent Lender and holders the holder of Floating Rate Notes the CGD Note an English translation of each document filed by the Company with the CNV and made publicly available in Argentina. (b) The Company and any Subsidiary Guarantors shall at all times comply with the periodic reporting requirements of the CNV and the BASE as in effect at the time of reporting. (c) The Company's delivery of such reports, information and documents to the Administrative Agent Lender is for informational purposes only and the Administrative AgentLender's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Administrative Agent Lender is entitled to rely exclusively on Officers' Certificates).

Appears in 1 contract

Samples: Loan Agreement (Mastellone Brothers Inc)

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Provision of Reports and Financial Statements. (a) The Company shall provide to the Administrative Agent and Trustee, holders of Floating Rate NotesSenior Notes and the Initial Purchaser: (i) within 90 120 days after the end of each fiscal year of the Company, audited consolidated financial statements of the Company for such fiscal year and (ii) within 60 days after the end of each of the first three fiscal quarters of the Company, unaudited consolidated financial statements of the Company for such fiscal quarter. Each of the financial statements referred to in (i) and (ii) shall be prepared in accordance with Argentine GAAP consistently applied, shall be translated into English, and shall be accompanied by a discussion and analysis, substantially in the format of the "Management's Discussion and Analysis of Financial Condition and Results of Operations" that would be included in a Form 20-F filed under the Exchange Act, except that such discussion and analysis will be required only to compare the financial condition and results of operations of the fiscal year or fiscal quarter most recently ended to the prior fiscal year or comparable fiscal quarter of the prior fiscal year, as applicable. The financial statements referred to in (i) shall contain a reconciliation to U.S. GAAP of net income and shareholders' equity and a report thereon by the Company's independent auditors. In addition, from and after the earlier of (i) the date of the commencement of the Exchange Offer or the effectiveness of the Shelf Registration Statement and (ii) September 30, 1998 in either case, whether or not required by the rules and regulations of the U.S. Securities and Exchange Commission (the "Commission"), the Company will file a copy of all such information and reports with the Commission for public availability (unless the Commission will not accept such a filing) and make such information and reports available to securities analysts, broker-dealers and prospective investors upon request. In addition, the Company shall provide to the Administrative Agent and Trustee, holders of Floating Rate Senior Notes and the Initial Purchaser an English translation of each document filed by the Company with the CNV and made publicly available in Argentina. Furthermore, for so long as any of the Senior Notes remain outstanding, the Company has agreed to make available to any prospective purchaser of the Senior Notes, upon request by a holder, or to any beneficial owner of the Senior Notes in connection with any sale thereof, the information required by Rule 144A(d)(4) under the Securities Act. (b) The Company and any Subsidiary Guarantors shall at all times comply with the periodic reporting requirements of the CNV and the BASE as in effect at the time of reporting. (c) The Company's delivery of such reports, information and documents to the Administrative Agent Trustee is for informational purposes only and the Administrative AgentTrustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Administrative Agent Trustee is entitled to rely exclusively on Officers' Certificates).

Appears in 1 contract

Samples: Indenture (Leitesol Industry & Commerce Inc.)

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