Restated Financial Statements Sample Clauses

Restated Financial Statements. The Stockholder will cause the Company to deliver to Purchaser the Company's financial statements for the calendar year ended December 31, 1998 and for the four month period ended April 30, 1999 as soon as practicable after the execution of this Agreement, but in no event later than May 12, 1999. Said statements shall be prepared to reflect the business operations of the Company on an accrual basis in accordance with GAAP.

Restated Financial Statements. On or prior to sixty (60) days after the date hereof, Seller shall deliver to Buyer the Restated Financial Statements.

Restated Financial Statements. As soon as available audited restated financial statements regarding the Borrower and its Subsidiaries for Fiscal Year 2002 and audited financial statements regarding the Borrower and its Subsidiaries for the Fiscal Years 2003 and 2004, each consisting of Consolidated balance sheets of the Borrower and its Subsidiaries as of the end of each such Fiscal Year and related statements of income and cash flows of the Borrower and its Subsidiaries for each such Fiscal Year, all prepared in conformity with GAAP and certified, without qualification as to the scope of the audit, by the Borrower's Accountants.

Restated Financial Statements. The restated financial statements of Powerfleet for the fiscal years ended December 31, 2021 and 2022, and for each of the interim periods during the 2022 and 2023 fiscal years, together with the related notes (the “Restated Financial Statements”), set forth in the SEC Reports comply in all material respects with the requirements of the Exchange Act and the Securities Act, and fairly present in all material respects the financial condition of Powerfleet and its consolidated Subsidiaries as of the dates indicated and the results of operations, cash flows and changes in stockholders’ equity for the periods therein specified. The Restated Financial Statements are in conformity in all material respects with GAAP consistently applied throughout the periods involved.

Restated Financial Statements. (a) On or before the Closing Date, the Sellers shall cause its accountants to prepare and deliver to Buyer the following audited financial statements, restated to conform to the GAAP requirements as applied by WIMC (collectively, the “Restated Financial Statements”): Audited consolidated balance sheets of the Company and its Subsidiaries as of December 31, 2011 and 2010, and the related consolidated statements of income, members’ equity and comprehensive income (loss), and cash flows, including any required footnote disclosures, for each of the three years in the period ended December 31, 2011 restated to reflect the HECM/HMBS issuances as financing transactions rather than sales. (b) During the period between the Effective Date and the Closing, on or before the date that is ten (10) Business Days following each month ending after the Effective Date, the Sellers shall cause the Corporation or its accountants to deliver to Buyer a schedule in the form of Annex A, reflecting the calculation of operating income (except for the purposes of Annex A all Transaction Expenses shall be excluded from such calculation) of the Corporation and its Subsidiaries prepared on a consistent basis in accordance with past practices for the year-to-date period ending on such prior month end.

Restated Financial Statements. On or before February 16, 2010, Borrower shall: (i) (A) file with the SEC restated financial statements for all fiscal periods impacted by the “Accounting Errors” (as that term is defined in the Second Amendment and Limited Waiver to Loan Agreement dated as of December 23, 2009, by and among Bank, Borrower and Guarantors (the “Second Amendment”), and/or (B) provide Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying in reasonable detail the basis upon which Borrower has concluded that the financial statements for any or all of such fiscal periods do not require restatement; and (ii) provide to Bank a certificate addressed to Bank, duly executed and delivered by the chief executive officer, president, chief financial officer, treasurer or controller of Borrower, certifying that to the best of Borrower’s knowledge after due inquiry, that the Accounting Errors have not resulted in any Events of Default other than the Existing Defaults (as that term is defined in the Second Amendment). b. A new Section 5.11 is inserted into the Loan Agreement to read as follows:

Restated Financial Statements. Prior to the Effective Time, the Company shall deliver a restated unaudited balance sheet and statements of income and cash flows as of and for the period from inception to September 30, 1999 (the "Restated Financial Statements"), which Restated Financial Statements shall not be materially different from the Financial Statements.

Restated Financial Statements. The Servicer shall have delivered to the Administrative Agent copies of the Revised Financial Statements, each in form, detail and substance satisfactory to the Administrative Agent. Such Revised Financial Statements shall be substantively identical to the restated financial statements filed by the Servicer with the SEC, contemporaneously with the Effective Date, with respect to the Affected Fiscal Periods.

Restated Financial Statements. In the event the Company and the Guarantor restate their financial statements for one or more prior periods in order to reflect the accounting adjustments described in the Waiver Request, the Company and the Guarantor shall promptly furnish to the Purchasers true and correct copies of such restated financial statements, together with the certificate of a Financial Officer of the Company and the Guarantor required by Section 6.1(c) of the Note with respect to such restated financial statements, which Financial Officer may take into account the effect of this Second Waiver in making the certifications required by Section 6.1(c) of the Note Agreement.

Restated Financial Statements. Each Purchaser hereby acknowledges and agrees that it has (i) received and reviewed the Restated Financial Statements of the Company, including the Notes thereto (the "Restated Financial Statements"), a copy of which is set forth on Exhibit C attached hereto, (ii) had the opportunity to review the books and records of the Company and (iii) been furnished or provided access to such relevant information (financial or otherwise) that such Purchaser has requested.