Common use of Quarterly Information Clause in Contracts

Quarterly Information. The Company will deliver to Noteholders as soon as practicable after the end of each of the first three quarterly fiscal periods in each fiscal year of Holdings, but in any event within 45 days thereafter, (A) an unaudited consolidated balance sheet of Holdings and its consolidated Subsidiaries, if any, as at the end of such quarter, and (B) unaudited consolidated statements of operations, retained earnings and cash flows of Holdings and its consolidated Subsidiaries, if any, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in comparative form the actual consolidated figures for the comparable period of the prior fiscal year. Such statements shall be (1) prepared in accordance with GAAP, (2) in reasonable detail and (3) certified by the principal financial or accounting officer of Holdings.

Quarterly Information. The Company will deliver to Noteholders each Major Holder, and to the holder of the ERS Convertible Note, as soon as practicable after the end of each of the first three quarterly fiscal periods in each fiscal year Fiscal Year of Holdings, but in any event within 45 days thereafterthe Company, (A) an unaudited consolidated balance sheet of Holdings the Company and its consolidated Subsidiaries, if any, as at the end of such quarter, and (B) unaudited consolidated statements of operationsincome, retained earnings and cash flows of Holdings the Company and its consolidated Subsidiaries, if any, for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year Fiscal Year ending with such quarter, setting forth in comparative form in each case the projected consolidated figures for such period and the actual consolidated figures for the comparable period of the prior fiscal yearFiscal Year. Such statements shall be (1) prepared in accordance with GAAPGAAP consistently applied, (2) in reasonable detail and (3) certified by the principal financial or accounting officer of Holdingsthe Company.