Common use of REPORTS AND FINANCIAL STATEMENTS TO THE REPRESENTATIVE Clause in Contracts

REPORTS AND FINANCIAL STATEMENTS TO THE REPRESENTATIVE. During the period ending three years from the Closing Date, the Company will deliver to the Representative copies of each annual report of the Company, and will deliver to the Representative, within 90 days after the close of each fiscal year of the Company, a financial report of the Company and its Subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated Subsidiaries, if any. All such reports will include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of cash flows and an analysis of shareholders' equity covering such fiscal year, and all will be in reasonable detail and certified by independent public accountants for the Company. These requirements will be satisfied if the Company provides to the Representative copies of its Forms 10-K, Forms 10-Q and Forms 8-K (or other appropriate forms) when they are filed with the Commission. If the Company shall fail to furnish the Representative with financial statements as herein provided, within the times specified herein, the Representative, after giving reasonable notice of not less than 30 days (and if the financial statements are not provided within such 30 day period), shall have the right to have such financial statements prepared by independent public accountants of its own choosing and the Company agrees to furnish such independent public accountants such data and assistance and access to such records as they may reasonably require to enable them to prepare such statements and to pay their reasonable fees and expenses in preparing the same. During the period ending three years from the Closing Date the Company shall also provide to the Representative copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, or which it shall file with the Commission; and, upon request in writing from the Representative, the Company shall furnish to the Representative such other information as may reasonably be requested and which may be properly disclosed to the Representative with reference to the property, business and affairs of the Company and its Subsidiaries, if any; provided such written request includes an agreement to keep confidential any information which should not be disclosed to the public.

Appears in 3 contracts

Samples: Underwriting Agreement (Integcom Corp), Underwriting Agreement (Premier Concepts Inc /Co/), Firstlink Communications Inc

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REPORTS AND FINANCIAL STATEMENTS TO THE REPRESENTATIVE. During the period ending three years from the Closing Date, the Company will deliver to the Representative copies of each annual report of the Company, and will deliver to the Representative, within 90 days after the close of each fiscal year of the Company, a financial report of the Company and its Subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated Subsidiaries, if any. All such reports will include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of cash flows and an analysis of shareholders' equity covering such fiscal year, and all will be in reasonable detail and certified by independent public accountants for the Company. These requirements will be satisfied if the Company provides to the Representative copies of its Forms 10-K, Forms 10-Q and Forms 8-K (or other appropriate forms) when they are filed with the Commission. If the Company shall fail to furnish the Representative with financial statements as herein provided, within the times specified herein, the Representative, after giving reasonable notice of not less than 30 days (and if the financial statements are not provided within such 30 day period), shall have the right to have such financial statements prepared by independent public accountants of its own choosing and the Company agrees to furnish such independent public accountants such data and assistance and access to such records as they may reasonably require to enable them to prepare such statements and to pay their reasonable fees and expenses in preparing the same. Premier Concepts, Inc. -14- Underwriting Agreement During the period ending three years from the Closing Date the Company shall also provide to the Representative copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, or which it shall file with the Commission; and, upon request in writing from the Representative, the Company shall furnish to the Representative such other information as may reasonably be requested and which may be properly disclosed to the Representative with reference to the property, business and affairs of the Company and its Subsidiaries, if any; provided such written request includes an agreement to keep confidential any information which should not be disclosed to the public.

Appears in 1 contract

Samples: Underwriting Agreement (Premier Concepts Inc /Co/)

REPORTS AND FINANCIAL STATEMENTS TO THE REPRESENTATIVE. During the period ending three years from the Closing Date, the Company will deliver to the Representative copies of each annual report of the Company, and will deliver to the Representative, within 90 days after the close of each fiscal year of the Company, a financial report of the Company and its Subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated Subsidiaries, if any. All such reports will include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of cash flows and an analysis of shareholders' equity covering such fiscal year, and all will be in reasonable detail and certified by independent public accountants for the Company. These requirements will be satisfied if the Company provides to the Representative copies of its Forms 10-K, Forms 10-Q and Forms 8-K (or other appropriate forms) when they are filed with the Commission. If the Company shall fail to furnish the Representative with financial statements as herein provided, within the times specified herein, the Representative, after giving reasonable notice of not less than 30 days (and if the financial statements are not provided within such 30 day period), shall have the right to have such financial statements prepared by independent public accountants of its own choosing and the Company agrees to furnish such independent public accountants such data and assistance and access to such records as they may reasonably require to enable them to prepare such statements and to pay their reasonable fees and expenses in preparing the same. During the period ending three years from the Closing Date the Company shall also provide to the Representative copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, or which it shall file with the Commission; and, upon request in writing from the Representative, the Company shall furnish to the Representative such other information as may reasonably be requested and which may be properly disclosed to the Representative with reference to the property, business and affairs of the Company and its Subsidiaries, if any; provided such written request includes an agreement to keep confidential any information which should not be disclosed to the public.

Appears in 1 contract

Samples: Underwriting Agreement (Creative Host Services Inc)

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REPORTS AND FINANCIAL STATEMENTS TO THE REPRESENTATIVE. During the period ending of three years from the Closing Date, the Company will deliver to the Representative Representative, copies of each annual report of the Company, and will deliver to the Representative, : (i) within 90 days after the close of each fiscal year of the Company, a financial report of the Company and its Subsidiariessubsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated Subsidiariessubsidiaries, if any. All , all such reports will to include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of cash flows and an analysis of shareholders' equity covering such fiscal year, and all will to be in reasonable detail and certified by independent public accountants for the Company; (ii) copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, or shall file with the Commission; and (iii) upon request in writing from the Representative, furnish to the Representative such other information as may reasonably be requested and which may be properly disclosed to the Representative with reference to the property, business and affairs of the Company and its subsidiaries, if any; provided such written request includes an agreement to keep confidential any information which should not be disclosed to the public. These The requirements of subparagraph (i) in the above paragraph will be satisfied if the Company provides to the Representative copies of its Forms Form 10-K, Forms Form 10-Q and Forms Form 8-K (or other appropriate forms) when they are in the form and at the time it is filed with the Securities and Exchange Commission. If the Company shall fail to furnish the Representative with financial statements as herein provided, within the times specified herein, the Representative, after giving reasonable notice of not less than 30 days (and if the financial statements are not provided within such 30 day period)days, shall have the right to have such financial statements prepared by independent public accountants of its own choosing and the Company agrees to furnish such independent public accountants such data and assistance and access to such records as they may reasonably require to enable them to prepare such statements and to pay their reasonable fees and expenses in preparing the same. During the period ending three years from the Closing Date the Company shall also provide to the Representative copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, or which it shall file with the Commission; and, upon request in writing from the Representative, the Company shall furnish to the Representative such other information as may reasonably be requested and which may be properly disclosed to the Representative with reference to the property, business and affairs of the Company and its Subsidiaries, if any; provided such written request includes an agreement to keep confidential any information which should not be disclosed to the public.

Appears in 1 contract

Samples: Underwriting Agreement (Double Eagle Petroleum & Mining Co)

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