Quarterly Information. If during any period the Company (i) is --------------------- not subject to the reporting requirements of Section 15(d) of the Exchange Act and (ii) does not have securities registered under Section 12(b) or 12 (g) of the Exchange Act, the Company will deliver to the Holder, as soon as practicable after the end of each quarterly fiscal period in each fiscal year of the Company, and in any event within 60 days thereafter, a copy of the unaudited consolidated balance sheet as at the close of such quarter, and the related unaudited consolidated statements of income, shareholders' equity and cash flow of the Company and its subsidiaries for that portion of the fiscal year ending as of the close of such quarter. Such financial statements shall be prepared by the Company in accordance with generally accepted accounting principles, applied on a consistent basis ("GAAP") (subject to normal year end adjustments and the inclusion of footnotes) and accompanied by the certification of the Company's chief executive officer or chief financial officer that, to the best of his knowledge, such financial statements are complete and correct in all material respects and fairly present in accordance with GAAP (subject to normal year end adjustments and the inclusions of footnotes) the consolidated financial position, the consolidated statements of income, shareholder equity and cash flow of the Company and its subsidiaries as at the end of such quarter and for such year-to-date period, as the case may be. If during any period the Company either (i) is subject to the reporting requirements of Section 15(g) of the Exchange Act or (ii) has securities registered under Section 12(b) or 12(g) of the Exchange Act, the Company shall be considered a "Public Company" and need not provide the information required by this Section 7.1.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Polyphase Corp), Common Stock Purchase Warrant (Polyphase Corp), Common Stock Purchase Warrant (Polyphase Corp)
Quarterly Information. If during any period the Company (i) is --------------------- not subject to the reporting requirements of Section 15(d) of the Exchange Act and (ii) does not have securities registered under Section 12(b) or 12 (g) of the Exchange Act, the Company will deliver to the Holder, as soon as practicable after the end of each quarterly fiscal period in each fiscal year of the Company, and in any event within 60 days thereafter, a copy of the unaudited consolidated balance sheet as at the close of such quarter, and the related unaudited consolidated statements of income, shareholders' equity and cash flow of the Company and its subsidiaries for that portion of the fiscal year ending as of the close of such quarter. Such financial statements shall be prepared by the Company in accordance with generally accepted accounting principles, applied on a consistent basis ("GAAP") (subject to normal year end adjustments and the inclusion of footnotes) and accompanied by the certification of the Company's chief executive officer or chief financial officer that, to the best of his knowledge, such financial statements are complete and correct in all material respects and fairly present in accordance with GAAP (subject to normal year end adjustments and the inclusions of footnotes) the consolidated financial position, the consolidated statements of income, shareholder equity and cash flow of the Company and its subsidiaries as at the end of such quarter and for such year-to-date period, as the case may be. If during any period the Company either (i) is subject to the reporting requirements of Section 15(g) of the Exchange Act or (ii) has securities registered under Section 12(b) or 12(g) of the Exchange Act, the Company shall be considered a "Public Company" and need not provide the information required by this Section 7.15.1.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Polyphase Corp), Common Stock Purchase Warrant (Polyphase Corp)