Common use of Subsequent Delivery of Accountant's Letters Clause in Contracts

Subsequent Delivery of Accountant's Letters. The Company agrees that during each Marketing Period (unless a suspension shall be in effect under Section 2(b)), each time that the Registration Statement or any Prospectus shall be amended or supplemented to include additional financial information, each time the Company sells Notes to an Agent as principal and the applicable Purchase Agreement specifies the delivery of a letter under this Section 6(d) as a condition to the purchase of Notes pursuant to such Purchase Agreement or the Company files with the Commission any document incorporated by reference into any Prospectus pursuant to Item 12 of Form S-3 which contains additional financial information, the Company shall cause KPMG Peat Marwick LLP (or other independent accounts of the Company acceptable to the Agents) to furnish the Agents, (i) concurrently with such amendment, supplement, Time of Delivery relating to such sale or filing or (ii) if such amendment, supplement, or filing was not filed during a Marketing Period, on the first day of the next succeeding Marketing Period, a letter, addressed jointly to the Company and the Agents and dated the date of delivery of such letter, in form and substance reasonably satisfactory to the Agents, to the same effect as the letter referred to in Section 5(g) hereof but modified to relate to the Registration Statement and each Prospectus, as amended and supplemented to the date of such letter, with such changes as may be necessary to reflect changes in the financial statements and other information derived from the accounting records of the Company; provided, however, that if the Registration Statement or any Prospectus is amended or supplemented solely to include financial information as of and for a fiscal quarter, such accountants may limit the scope of such letter to the unaudited financial statements included in such amendment or supplement [unless there is contained therein any other accounting, financial or statistical information that, in the reasonable judgment of the Agents, should be covered by such letter, in which event such letter shall also cover such other information].

Subsequent Delivery of Accountant's Letters. The Company agrees that during each Marketing Period (unless a suspension shall be in effect under Section 2(b))Period, each time that the Registration Statement or any Prospectus shall be amended or supplemented to include additional financial information, each time the Company sells Notes to (i) files an Agent as principal and annual report on Form 20-F under the applicable Purchase Agreement specifies Exchange Act or (ii) files a current report on Form 6-K under the delivery of a letter under this Section 6(d) as a condition to the purchase of Notes pursuant to such Purchase Agreement or the Company files with the Commission any document incorporated by reference into any Prospectus pursuant to Item 12 of Form S-3 which contains additional financial informationExchange Act, the Company shall (only if requested by the Agent and only if such documents include additional financial information) cause KPMG Peat Marwick LLP Ernst & Young (or other independent accounts of the Company acceptable to the AgentsAgent) to furnish the Agents, Agent (iy) concurrently with such amendment, supplement, Time of Delivery relating to such sale or filing or (iiz) if such amendment, supplement, or filing was not filed during a Marketing Period, on the first day of the next succeeding Marketing Period, a letter, addressed jointly to the Company and the Agents Agent and dated the date of delivery of such letter, in form and substance reasonably satisfactory to the AgentsAgent, to the same effect as the letter referred to in Section 5(g) hereof but modified to relate to the Registration Statement and each Prospectus, as amended and supplemented to the date of such letter, with such changes as may be necessary to reflect changes in the financial statements and other information derived from the accounting records of the Company; provided, however, that if the Registration Statement or any Prospectus is amended or supplemented solely to include financial information as of and for a fiscal quarter, such accountants may limit the scope of such letter to the unaudited financial statements included in such amendment or supplement [unless there is contained therein any other accounting, financial or statistical information that, in the reasonable judgment of the AgentsAgent, should be covered by such letter, in which event such letter shall also cover such other information].

Subsequent Delivery of Accountant's Letters. The Company Xxxxxxx Kodak agrees that during each Marketing Period (unless a suspension shall be in effect under Section 2(b))Period, each time that the Registration Statement or any the Prospectus shall be amended or supplemented to include additional financial information, each time the Company Xxxxxxx Kodak sells Notes to an Agent as principal and the applicable Purchase Agreement specifies the delivery of a letter under this Section 6(d) as a condition to the purchase of Notes pursuant to such Purchase Agreement Agreement, or the Company Xxxxxxx Kodak files with the Commission SEC any document incorporated by reference into any the Prospectus pursuant to Item 12 of Form S-3 which contains additional financial information, the Company Xxxxxxx Kodak shall cause KPMG Peat Marwick PricewaterhouseCoopers LLP (or other independent accounts of the Company Xxxxxxx Kodak acceptable to the Agents) to furnish the Agents, (i) if such amendment, supplement or filing was filed during a Marketing Period, concurrently with such amendment, supplement, Time time of Delivery delivery relating to such sale sale, or filing or (ii) if such amendment, supplement, or filing was not filed during a Marketing Period, on the first day of the next succeeding Marketing Period, a letter, addressed jointly to the Company Xxxxxxx Kodak and the Agents and dated the date of delivery of such letter, in form and substance reasonably satisfactory to the Agents, to of the same effect as the letter referred to in Section 5(g5(f) hereof but modified to relate to the Registration Statement and each the Prospectus, as amended and supplemented to the date of such letter, with such changes as may be necessary to reflect changes in the financial statements and other information derived from the accounting records of the CompanyXxxxxxx Kodak; provided, however, that if the Registration Statement or any the Prospectus is amended or supplemented solely to include financial information as of and for a fiscal quarter, such independent accountants may limit the scope of such letter to the unaudited financial statements included in such amendment or supplement [unless there is contained therein any other accounting, financial or statistical information that, in the reasonable judgment of the Agents, should be covered by such letter, in which event such letter shall also cover such other information].

Subsequent Delivery of Accountant's Letters. The Company agrees that during each Marketing Period (unless a suspension shall be in effect under Section 2(b))Period, each time that the Registration Statement or any Prospectus shall be amended or supplemented to include additional financial information, each time the Company sells Notes to an Agent as principal and the applicable Purchase Agreement specifies the delivery of a letter under this Section 6(d) as a condition to the purchase of Notes pursuant to such Purchase Agreement or the Company files with the Commission any document incorporated by reference into any Prospectus pursuant to Item 12 of Form S-3 which contains additional financial information, the Company shall cause KPMG Peat Marwick Xxxxxx Xxxxxxxx LLP (or other independent accounts of the Company acceptable to the Agents) to furnish the Agents, (i) concurrently with such amendment, supplement, Time of Delivery relating to such sale or filing or (ii) if such amendment, supplement, or filing was not filed during a Marketing Period, on the first day of the next succeeding Marketing Period, a letter, addressed jointly to the Company and the Agents and dated the date of delivery of such letter, in form and substance reasonably satisfactory to the Agents, to the same effect as the letter referred to in Section 5(g) hereof but modified to relate to the Registration Statement and each Prospectus, as amended and supplemented to the date of such letter, with such changes as may be necessary to reflect changes in the financial statements and other information derived from the accounting records of the Company; provided, however, that if the Registration Statement or any Prospectus is amended or supplemented solely to include financial information as of and for a fiscal quarter, such accountants may limit the scope of such letter to the unaudited financial statements included in such amendment or supplement [unless there is contained therein any other accounting, financial or statistical information that, in the reasonable judgment of the Agents, should be covered by such letter, in which event such letter shall also cover such other information].