Reporting to the Board. The MAC Chair, or designee, shall provide a report to the Board at each Board meeting detailing the business carried out by the MAC, and advising the Board of MAC recommendations on matters as set forth in Section 8.2.1 herein. In the event that there are dissenting MAC member opinions regarding a matter on which the MAC is advising or providing recommendations to the Board, the MAC Chair, or designee, shall present dissenting opinions and rationales in conjunction with the respective MAC advice or recommendations.
Reporting to the Board. Upon return from sabbatical leave, each employee will report to the Superintendent and the Board, giving the substance of the program in which he or she was engaged.
Reporting to the Board. The CCO shall report directly to CLIENT’s Board of Trustees (the “Board” or “Trustees”).
Reporting to the Board. At the Board meeting following each Committee meeting, the Committee Chairperson (or the Chairperson’s designee) shall report to the full Board on the Committee’s actions.
Reporting to the Board. The Company covenants that until the IPO it shall deliver to each of its appointed directors, and concurrently to each observer, the following reports:
2.2.1. As soon as practicable, but in any event within forty five (45) days after the end of each quarter of each fiscal year of the Company, the Company shall prepare a consolidated balance sheet of the Company as at the end of each such period and unaudited consolidated statements of (i) income and (ii) cash flow of the Company for such period and for the period from the beginning of the current fiscal year to the end of such quarterly period, setting forth in each case in comparative form the figures for the corresponding period of the previous fiscal year, all in reasonable detail and certified by the chief financial officer (or if none, by the chief executive officer) of the Company; and
2.2.2. The Company shall deliver to the directors and observers a monthly report, in a format as determined by the Board; and
2.2.3. As soon as practicable, but not less than thirty (30) days prior to the beginning of each fiscal year, the Company shall prepare a budget and a business plan for the coming fiscal year. The management of the Company shall establish annually an operating plan and budget for the Company (the “Annual Plan”), in consultation with the Board. The Annual Plan for the following year shall be submitted to the Board for its approval, at least Thirty (30) days prior to the first day of the fiscal year covered by such Annual Plan.
2.2.4. The Board may (with the affirmative vote of at least a majority of the Preferred Directors) postpone the preparation of the financial reports required under Section 2.1 or the monthly report required under Section 2.2.1, in each case for a period not to exceed thirty (30) days.
2.2.5. The Board (with the affirmative vote of at least a majority of the Preferred Directors) may resolve at any time not to prepare any of the reports required pursuant to this Section 2.2.
Reporting to the Board. The PSC shall maintain minutes or other records of meetings and activities of the PSC in sufficient detail to convey the substance of all discussions held. The PSC minutes shall be provided to the Board.
Reporting to the Board of Directors and the Audit Committee
Reporting to the Board. At the Board meeting following each Committee meeting, the Chair (or in his or her absence, a member designated by the Chair) shall report to the full Board on the Committee’s activities and make such recommendations with respect to such activities as the Committee or the Board may deem necessary or appropriate.
Reporting to the Board. The Company shall deliver to each Holder or group of Holders for so long as such Holder, individually, or as a group, holds at least 7,789,063 of the outstanding Common Stock of the Company (or other shares including shares of Preferred Stock convertible into at least 7,789,063 of the Common Stock of the Company on an as-if converted . basis) (herein, a “Major Investor”) the following:
2.2.1. As soon as practicable, but in any event within thirty (30) days after the end of each month, the Company shall submit to the Board of Directors of the Company (the “Board”) and to each Major Investor, at such Major Investor’s request, a report, in a format acceptable to the Board, which will include a description of any event likely to have a significant impact upon the Company or its business and other information and data with respect to the Company’s operations during that month. The monthly report shall include a comparison of the actual figures to the budget with respect of such reported period, all in reasonable detail.
2.2.2. As soon as practicable, but not less than sixty (60) days prior to the beginning of each fiscal year, the Company shall submit to BigBand Networks FIFTH AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT its Board and to each Major Investor, at such Major Investor’s request, a budget and a business plan for the coming fiscal year. The management of the Company shall establish annually an operating plan and budget for the Company (the “Annual Plan”), in consultation with the Board. The Annual Plan for the following year shall be submitted to the Board for its approval at least sixty (60) days prior to the first day of the fiscal year covered by such Annual Plan. In addition, the Company’s management shall submit to the Board monthly and other reports in such format, and containing such information, as the Board shall require.
2.2.3. If and to the extent requested by the Board of Directors, the Company shall prepare and submit to each Major Investor a separate balance sheet and statement of income for any designated subsidiary of the Company for the period or periods so specified.
Reporting to the Board. The Company shall, and the Board of Directors shall cause the officers of the Company to, prepare and provide to the Board, FBDB, and STAR:
3.14.1 within 30 days before the end of each fiscal year and at other times as it may be prepared, a budget for the forthcoming 12-month period comprising projected statement of income and expenses, cash flow projections and pro forma balance sheet for the coming year;
3.14.2 within 30 days of the end of each month, unaudited financial statements including a balance sheet as at the end of such month and statements of income or loss, with comparatives to the preceding fiscal year and the budget for the corresponding period;
3.14.3 within 90 days of the end of each fiscal year, audited financial statements including without limitation a balance sheet prepared as at the end of such year, and statements of income or loss, changes in financial position and changes in retained earnings for such fiscal year, with comparatives to the previous fiscal year;
3.14.4 within 30 days of each fiscal quarter, unaudited financial statements including without limitation a balance sheet prepared as at the end of such quarter, and statements of income or loss, changes in financial position and changes in retained earnings for such fiscal quarter, with comparatives to the previous fiscal quarter;
3.14.5 from time to time, as required by the Board a strategic plan for the forthcoming 12-month period, within 60 days of receipt of a request for such plan from the Board;
3.14.6 such other information, accounts, data and projections as any director may reasonably request from time to time. Each of FBDB and STAR reserves the right to receive additional information from the Company and its auditors, which is reasonably required to understand better the affairs of the Company. Any director in a representative capacity may pass that and all other information received by him to the Shareholder he represents.
