Reports to Members. (a) The books of account and records of the Company shall be audited as of the end of each Fiscal Year by the Company’s independent public accountants. (b) Within one (1) calendar day after the applicable due date for the filing of New Mountain Finance’s quarterly reports for the end of each Fiscal Quarter of New Mountain Finance with the Commission (or the next Business Day if the first calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an unaudited report setting forth the following as of the end of such Fiscal Quarter, but the Company shall only be required to provide such information to such Members as make a request for it in writing: (i) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited balance sheet as of the end of such period; (ii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited income statement of the Company for such period; (iii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited cash flow statement of the Company for such period; and (iv) a statement of each Member’s Capital Account. (c) Within one (1) calendar day after the applicable due date for the filing of New Mountain Finance’s annual report for the end of each Fiscal Year of New Mountain Finance with the Commission (or the next Business Day if the first calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an audited report setting forth the following as of the end of such Fiscal Year, but the Company shall only be required to provide such information to such Members as make a request for it in writing: (i) an audited balance sheet as of the end of such Fiscal Year; (ii) an audited income statement of the Company for such Fiscal Year; (iii) an audited cash flow statement of the Company for such Fiscal Year; and (iv) a statement of each Member’s Capital Account. (d) The Company shall provide each Member with monthly “flash reports.” (e) The Company shall provide each Member annually with a copy of the Budget. (f) With reasonable promptness, the Board will deliver such other information available to the Board, including financial statements and computations, as any Member may from time to time reasonably request in order to comply with regulatory requirements, including reporting requirements, to which such Member is subject. (g) The Board shall not be deemed to be in breach of this Section 6.10 for failure to deliver the reports and other information under clause (b) or (c) of this Section 6.10, if the Board delivers such information to each Member on the earlier of (i) the date such information is provided to the lenders or the holders of any indebtedness of the Company or filed with the Commission and (ii) a date that is within thirty (30) calendar days of the due date set forth in clause (b) or (c) above.
Appears in 9 contracts
Samples: Joinder (New Mountain Finance AIV Holdings Corp), Limited Liability Company Agreement (New Mountain Finance AIV Holdings Corp), Joinder (New Mountain Finance Holdings, L.L.C.)
Reports to Members. (a) The books of account and records of the Company shall be audited as of the end of each Fiscal Year by the Company’s independent public accountants.
(b) Within one (1) 60 calendar day days after the applicable due date for the filing of New Mountain Finance’s quarterly reports for the end of each Fiscal Quarter Period of New Mountain Finance with each Fiscal Year of the Commission Company (or the next Business Day if the first 60th calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an unaudited report setting forth the following as of the end of such Fiscal Quarter, but the Company shall only be required to provide such information to such Members as make a request for it in writingPeriod:
(i) unless such Fiscal Quarter Period is the last Fiscal Quarter Period of the Fiscal Year, an unaudited balance sheet as of the end of such period;
(ii) unless such Fiscal Quarter Period is the last Fiscal Quarter Period of the Fiscal Year, an unaudited income statement of the Company for such period;
(iii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited cash flow statement of the Company for such period; and
(iv) a statement of each Member’s Capital Account;
(iv) a summary of the Company’s activities during such period; and
(v) a cash flow statement.
(c) Within one (1) 100 calendar day days after the applicable due date for the filing of New Mountain Finance’s annual report for the end of each Fiscal Year of New Mountain Finance with the Commission Company (or the next Business Day if the first 100th calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an audited report setting forth the following as of the end of such Fiscal Year, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) an audited balance sheet as of the end of such Fiscal Year;
(ii) an audited income statement of the Company for such Fiscal Year;
(iii) an audited cash flow statement of the Company for such Fiscal Year; and
(iv) a statement of each Member’s Capital Account; and
(iv) a cash flow statement.
(d) The Company shall provide each Member with monthly “flash reports.”
(e) The Company shall provide each Member annually with a copy of the Budget.
(f) With reasonable promptness, the Board Manager will deliver such other information available to the BoardManager, including financial statements and computations, as any Member may from time to time reasonably request in order to comply with regulatory requirements, including reporting requirements, to which such Member is subject.
(g) The Board shall not be deemed to be in breach of this Section 6.10 for failure to deliver the reports and other information under clause (b) or (c) of this Section 6.10, if the Board delivers such information to each Member on the earlier of (i) the date such information is provided to the lenders or the holders of any indebtedness of the Company or filed with the Commission and (ii) a date that is within thirty (30) calendar days of the due date set forth in clause (b) or (c) above.
Appears in 5 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement (Amc Entertainment Inc), Limited Liability Company Operating Agreement (Marquee Holdings Inc.)
Reports to Members. (a) The If requested by KRH, the books of account and records of the Company shall be audited as of the end of each Fiscal Year by the Company’s independent public accountants.
(b) Within one (1) 45 calendar day days after the applicable due date for the filing of New Mountain Finance’s quarterly reports for the end of each Fiscal Quarter Period of New Mountain Finance with each Fiscal Year of the Commission Company (or the next Business Day if the first calendar day is not a Business DayCompany or the Manager files reports under the Exchange Act, such earlier date as the quarterly report for such Fiscal Period would be due under the Exchange Act), the Company shall send to each Person who was a Member during such period an unaudited report setting forth the following as of the end of such Fiscal Quarter, but the Company shall only be required to provide such information to such Members as make a request for it in writingPeriod:
(i) unless such Fiscal Quarter Period is the last Fiscal Quarter Period of the Fiscal Year, an unaudited balance sheet as of the end of such period;
(ii) unless such Fiscal Quarter Period is the last Fiscal Quarter Period of the Fiscal Year, an unaudited income statement of the Company for such period;
(iii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited cash flow statement of the Company for such period; and
(iv) a statement of each Member’s Capital Account;
(iv) a summary of the Company’s activities during such period; and
(v) a cash flow statement.
(c) Within one (1) 100 calendar day days after the applicable due date for the filing of New Mountain Finance’s annual report for the end of each Fiscal Year of New Mountain Finance with the Commission Company (or the next Business Day if the first 100th calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an audited report setting forth the following as of the end of such Fiscal Year, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) an audited balance sheet as of the end of such Fiscal Year;
(ii) an audited income statement of the Company for such Fiscal Year;
(iii) an audited cash flow statement of the Company for such Fiscal Year; and
(iv) a statement of each Member’s Capital Account; and
(iv) a cash flow statement.
(d) The Company shall provide each Member with monthly “flash reportsreports containing the monthly information that is provided to senior management.”
(e) The Company shall provide each Member annually with a copy of the Budget.
(f) With reasonable promptness, the Board Manager will deliver such other information available to the BoardManager, including financial statements and computations, as any Member may from time to time reasonably request in order to comply with regulatory requirements, including reporting requirements, to which such Member is subject.
(g) The Board shall not be deemed to be in breach of this Section 6.10 for failure to deliver the reports and other information under clause (b) or (c) of this Section 6.10, if the Board delivers such information to each Member on the earlier of (i) the date such information is provided to the lenders or the holders of any indebtedness of the Company or filed with the Commission and (ii) a date that is within thirty (30) calendar days of the due date set forth in clause (b) or (c) above.
Appears in 3 contracts
Samples: Limited Liability Company Operating Agreement (RHI Entertainment, Inc.), Limited Liability Company Operating Agreement (RHI Entertainment, Inc.), Limited Liability Company Operating Agreement (RHI Entertainment, Inc.)
Reports to Members. The Company shall provide to each Member the following information:
(a) The books of account and records of the Company shall be audited As soon as of available, but no later than thirty (30) days after the end of each quarterly accounting period in each Fiscal Year by (other than any quarterly accounting period ending on the Companylast day of a Fiscal Year), (i) unaudited balance sheets of the Company presenting amounts for that quarter ended, the prior Fiscal Year ended and the prior Fiscal Year’s independent public accountantscomparative quarter ended, (ii) unaudited income statements of the Company presenting amounts for that quarter to date, the prior Fiscal Year’s comparative quarter to date, the current Fiscal Year’s fiscal year to date and the prior Fiscal Year’s comparative fiscal year to date, (iii) an unaudited statement of changes in Members’ capital of the Company presenting amounts for the current Fiscal Year period, and (iv) an unaudited statement of changes for each Member’s Capital Account presenting amounts for the current Fiscal Year period. Such financial statements shall be prepared in accordance with GAAP, subject to the absence of footnote disclosures and to normal Fiscal Year-end adjustments, and may provide an explanation of any material differences between current and prior reporting periods.
(b) Within one (1) calendar day after the applicable due date for the filing of New Mountain Finance’s quarterly reports for the end of each Fiscal Quarter of New Mountain Finance with the Commission (or the next Business Day if the first calendar day is not a Business Day)As soon as available, the Company shall send to each Person who was a Member during such period an unaudited report setting forth the following as but no later than January 1 of the end calendar year following the close of such a given Fiscal QuarterYear, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) unless such Fiscal Quarter is the last Fiscal Quarter unaudited balance sheets of the Company presenting amounts for that Fiscal YearYear ended and the prior Fiscal Year ended, an unaudited balance sheet as of the end of such period;
(ii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited income statement statements of the Company presenting fiscal year to date amounts for such period;
that Fiscal Year ended and the prior Fiscal Year ended, (iii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited cash flow statement of changes in Members’ capital of the Company presenting amounts for such period; and
that Fiscal Year ended, and (iv) a an unaudited statement of changes for each Member’s Capital AccountAccount presenting amounts for that Fiscal Year ended. Such financial statements shall be prepared in accordance with GAAP, subject to the absence of footnote disclosures.
(c) Within one As soon as available, but no later than thirty (130) calendar day days after the applicable due date (including extensions) for a given tax year, the tax returns for the filing of New Mountain Finance’s annual report for the end of each Fiscal Year of New Mountain Finance with the Commission (or the next Business Day if the first calendar day is not a Business Day)Company, the Company shall send to each Person who was a Member during such period an audited report setting as set forth the following as of the end of such Fiscal Year, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) an audited balance sheet as of the end of such Fiscal Year;
(ii) an audited income statement of the Company for such Fiscal Year;
(iii) an audited cash flow statement of the Company for such Fiscal Year; and
(iv) a statement of each Member’s Capital AccountSection 3 below.
(d) The As soon as available, but no later than January 1 of the calendar year following the close of a given Fiscal Year, the estimated operating and capital budgets of the Company shall provide each Member for the subsequent Fiscal Year prepared in accordance with monthly “flash reports.”Article XI, Section 4; and
(e) The Company shall provide Other financial information as each Member annually with a copy of the Budget.
(f) With reasonable promptness, the Board will deliver such other information available to the Board, including financial statements and computations, as any Member may from time to time reasonably request in order to comply with regulatory requirements, including reporting requirements, to which such Member is subjectwriting.
(g) The Board shall not be deemed to be in breach of this Section 6.10 for failure to deliver the reports and other information under clause (b) or (c) of this Section 6.10, if the Board delivers such information to each Member on the earlier of (i) the date such information is provided to the lenders or the holders of any indebtedness of the Company or filed with the Commission and (ii) a date that is within thirty (30) calendar days of the due date set forth in clause (b) or (c) above.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement (First Savings Financial Group Inc)
Reports to Members. (a) The books of account and records of the Company shall be audited as of the end of each Fiscal Year by the Company’s independent public accountants.
(b) Within one (1) calendar day after the applicable due date for the filing of New Mountain FinanceCPE’s quarterly reports for the end of each Fiscal Quarter of New Mountain Finance CPE with the Commission (or the next Business Day if the first calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an unaudited report setting forth the following as of the end of such Fiscal Quarter, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited balance sheet as of the end of such period;
(ii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited income statement of the Company for such period;
(iii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited cash flow statement of the Company for such period; and;
(iv) a statement of each Member’s Capital Account; and
(v) a summary of the Company’s activities during such period.
(c) Within one (1) calendar day after the applicable due date for the filing of New Mountain FinanceCPE’s annual report for the end of each Fiscal Year of New Mountain Finance CPE with the Commission (or the next Business Day if the first calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an audited report setting forth the following as of the end of such Fiscal Year, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) an audited balance sheet as of the end of such Fiscal Year;
(ii) an audited income statement of the Company for such Fiscal Year;
(iii) an audited cash flow statement of the Company for such Fiscal Year; and;
(iv) a statement of each Member’s Capital Account; and
(v) a summary of the Company’s activities during such period.
(d) The Company shall provide each Member with monthly “flash reports.”
(e) The Company shall provide each Member annually with a copy of the Life of Mine Model and the Budget.
(f) With reasonable promptness, the Board Manager will deliver such other information available to the BoardManager, including financial statements and computations, as any Member may from time to time reasonably request in order to comply with regulatory requirements, including reporting requirements, to which such Member is subject.
(g) The Board Manager shall not be deemed to be in breach of this Section 6.10 6.9 for failure to deliver the reports and other information under clause (b) or (c) of this Section 6.106.9, if the Board Manager delivers such information to each Member on the earlier of (i) the date such information is provided to the lenders or the holders of any indebtedness of the Company or filed with the Commission and (ii) a date that is within thirty (30) calendar days of the due date set forth in clause (b) or (c) above.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cloud Peak Energy Inc.)
Reports to Members. (a) The books of account and records of the Company shall be audited as of the end of each Fiscal Year by the Company’s 's independent public accountants.
(b) Within one (1) calendar day after the applicable due date for the filing of New Mountain Finance’s CPE's quarterly reports for the end of each Fiscal Quarter of New Mountain Finance CPE with the Commission (or the next Business Day if the first calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an unaudited report setting forth the following as of the end of such Fiscal Quarter, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited balance sheet as of the end of such period;
(ii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited income statement of the Company for such period;
(iii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited cash flow statement of the Company for such period; and;
(iv) a statement of each Member’s 's Capital Account; and
(v) a summary of the Company's activities during such period.
(c) Within one (1) calendar day after the applicable due date for the filing of New Mountain Finance’s CPE's annual report for the end of each Fiscal Year of New Mountain Finance CPE with the Commission (or the next Business Day if the first calendar day is not a Business Day), the Company shall send to each Person who was a Member during such period an audited report setting forth the following as of the end of such Fiscal Year, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) an audited balance sheet as of the end of such Fiscal Year;
(ii) an audited income statement of the Company for such Fiscal Year;
(iii) an audited cash flow statement of the Company for such Fiscal Year; and;
(iv) a statement of each Member’s 's Capital Account; and
(v) a summary of the Company's activities during such period.
(d) The Company shall provide each Member with monthly “"flash reports.”"
(e) The Company shall provide each Member annually with a copy of the Life of Mine Model and the Budget.
(f) With reasonable promptness, the Board Manager will deliver such other information available to the BoardManager, including financial statements and computations, as any Member may from time to time reasonably request in order to comply with regulatory requirements, including reporting requirements, to which such Member is subject.
(g) The Board Manager shall not be deemed to be in breach of this Section 6.10 6.9 for failure to deliver the reports and other information under clause (b) or (c) of this Section 6.106.9, if the Board Manager delivers such information to each Member on the earlier of (i) the date such information is provided to the lenders or the holders of any indebtedness of the Company or filed with the Commission and (ii) a date that is within thirty (30) calendar days of the due date set forth in clause (b) or (c) above.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cloud Peak Energy Inc.)
Reports to Members. (a) The books of account and records of the Company shall be audited as of the end of each Fiscal Year by the Company’s independent public accountants.
(b) Within one (1) calendar day 25 days after the applicable due date for the filing of New Mountain Finance’s quarterly reports for the end of each Fiscal Quarter Period of New Mountain Finance with each Fiscal Year of the Commission (or the next Business Day if the first calendar day is not a Business Day)Company, the Company shall send to each Person who was a Member during such period an unaudited report setting forth the following as of the end of such Fiscal Quarter, but the Company shall only be required to provide such information to such Members as make a request for it in writingPeriod:
(i) unless such Fiscal Quarter Period is the last Fiscal Quarter Period of the Fiscal Year, an unaudited balance sheet as of the end of such period;
(ii) unless such Fiscal Quarter Period is the last Fiscal Quarter Period of the Fiscal Year, an unaudited income statement of the Company for such period;
(iii) unless such Fiscal Quarter is the last Fiscal Quarter of the Fiscal Year, an unaudited cash flow statement of the Company for such period; and
(iv) a statement of each Member’s Capital Account;
(iv) a summary of the Company’s activities during such period; and
(v) a cash flow statement.
(c) Within one (1) calendar day 40 days after the applicable due date for the filing of New Mountain Finance’s annual report for the end of each Fiscal Year of New Mountain Finance with the Commission (or the next Business Day if the first calendar day is not a Business Day)Company, the Company shall send to each Person who was a Member during such period an audited report setting forth the following as of the end of such Fiscal Year, but the Company shall only be required to provide such information to such Members as make a request for it in writing:
(i) an audited balance sheet as of the end of such Fiscal Year;
(ii) an audited income statement of the Company for such Fiscal Year;
(iii) an audited cash flow statement of the Company for such Fiscal Year; and
(iv) a statement of each Member’s Capital Account; and
(iv) a cash flow statement.
(d) The Company hereby consents to the filing by any Member of the Company’s financial statements with the Securities and Exchange Commission to the extent such financial statements are required pursuant to the Securities and Exchange Commission’s Regulation S-X.
(e) The Company shall provide each Member with monthly “flash reports.”
(e) The Company shall provide each Member annually with a copy of ” when and in such form as determined by the BudgetBoard.
(f) With reasonable promptness, the Board will deliver such other information available to the Board, including financial statements and computations, as any Member may from time to time reasonably request in order to comply with regulatory requirements, including reporting requirements, to which such Member is subject.
(g) The Board shall not be deemed to be in breach of this Section 6.10 for failure to deliver the reports and other information under clause (b) or (c) of this Section 6.10, if the Board delivers such information to each Member on the earlier of (i) the date such information is provided to the lenders or the holders of any indebtedness of the Company or filed with the Commission and (ii) a date that is within thirty (30) calendar days of the due date set forth in clause (b) or (c) above.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Regal Entertainment Group)