Updated Financials Clause Samples
The "Updated Financials" clause requires a party, typically the borrower or a business partner, to provide the most recent financial statements or reports to the other party at specified intervals or upon request. This may include updated balance sheets, income statements, or cash flow statements, ensuring that the receiving party has current information about the financial health and performance of the disclosing party. The core function of this clause is to maintain transparency and enable informed decision-making by ensuring that all parties have access to up-to-date financial data, thereby reducing the risk of surprises or misrepresentations.
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Updated Financials. Sellers shall from time to time upon reasonable advance notice from Purchaser, provide Purchaser and its representatives with access to all financial and other information in its possession or control relating to Sellers which is deemed relevant and reasonably necessary, in the opinion of Purchaser’s outside, third party accountants to enable Summit’s independent auditors to timely prepare, at Purchaser’s sole cost and expense (which expense shall include, but not be limited to, audit fees and costs associated with creating stand-alone financial statements for each Hotel), financial statements in compliance with any or all requirements of (i) Rule 3-05 of Regulation S-X of the Securities and Exchange Commission, (ii) any other rule or applicable law issued by the Securities and Exchange Commission or securities exchange and applicable to Purchaser or (iii) any registration statement, report or disclosure statement filed or furnished with the Securities and Exchange Commission by, or on behalf of, Purchaser. In connection with the foregoing, and in furtherance of Sellers’ obligations to assist Purchaser pursuant to this Section 12.17, Sellers covenant and agree to execute customary audit representation letters, in form and substance reasonably satisfactory to Purchaser.
Updated Financials. Customer shall, on an annual basis during the Term, deliver to Seller audited financial statements certified by a financial officer of Customer.
Updated Financials. Promptly, but in no event later than 10 calendar days after the end of each month from the date hereof until the Closing Date, the Company shall provide Parent with a copy of the true and correct unaudited balance sheets and related statements of income and cash flows of the Company as of and for the period ended the most-recent month-end prepared using the Company’s books and records and in accordance with GAAP consistently applied, together with a copy of the standard monthly reporting package provided to the Company’s management.
Updated Financials. The Company shall deliver to Parent monthly financial statements (consisting of an income statement, balance sheet, and trial balance prepared using the same format and methodology as the financial statements attached hereto as Section 6.14 of the Company Disclosure Letter) of the Company and its Subsidiaries within 20 days of the end of each calendar month.
Updated Financials. Seller shall from time to time upon written request and reasonable advance notice from Buyer, provide Buyer and its representatives with access to all financial and other information in its possession or control relating to Seller which is deemed relevant and reasonably necessary, in the opinion of Buyer’s outside, third party accountants to enable Seller’s independent auditors to timely prepare, at Buyer’s sole cost and expense (which expense shall include, but not be limited to, audit fees and costs associated with creating stand-alone financial statements for the Hotel), financial statements in compliance with any or all requirements of (i) Rule 3-05 of Regulation S-X of the Securities and Exchange Commission, (ii) any other rule or applicable law issued by the Securities and Exchange Commission or securities exchange and applicable to Buyer or (iii) any registration statement, report or disclosure statement filed or furnished with the Securities and Exchange Commission by, or on behalf of, Buyer. In connection with the foregoing, and in furtherance of Seller’s obligation to assist Buyer pursuant to this Section 15.19, Seller covenants and agrees to execute customary audit representation letters, in form and substance reasonably satisfactory to Buyer and Seller. This Section 15.19 shall survive the Closing for twelve (12) months.
Updated Financials. Promptly, but in no event later than fifteen (15) calendar days after the end of each month from the Agreement Date until the Closing Date, the Sellers shall cause the Company to provide Buyer with a copy of the true and correct unaudited balance sheets and related statements of income and cash flows of the Company as of and for the period ended the most-recent month-end prepared using the Company’s books and records and in accordance with GAAP consistently applied, together with a copy of the standard monthly reporting package provided to the Company’s management.
Updated Financials. Prior to the Closing, as soon as practicable after they become available, and in no event later than ten (10) days after the date of this Agreement, Seller shall (at its sole cost) deliver to Buyer complete and correct copies of the updated unaudited consolidated balance sheets, statements of operations, statements of comprehensive income and statements of stockholders’ equity solely of the Business as of March 26, 2022 and other financial data of the type and form required by Regulation S-X under the Securities Act, prepared in accordance with GAAP and Regulation S-X under the Securities Act. Further, Seller shall (at its sole cost), and shall cause the Company Entities to, provide to Buyer (a) within fourteen (14) days after the end of each full fiscal month ending after the date of this Agreement, such monthly financial data and information, if any, to the extent regularly prepared for Seller’s or the Company Entities’ internal use in respect of the Company Entities (the “Additional Financial Statements”), and (b) on a monthly basis, as soon as practicable after they become available, deliver to Buyer monthly operation review reports prepared by the Company on a monthly basis, consistent with past practices.
Updated Financials. As soon a practicable, but not later than August 7, 2002, Zi shall deliver to the Company an unaudited consolidated balance sheet of the Lantern Group as of June 30, 2002 and related statements of operations (the "Lantern Q-2 Income Statement"), comprehensive income and cash flows for the six months ended June 30, 2002 and 2001.
Updated Financials. Between the signing of this Agreement and the Closing, the Company shall provide the Purchaser: (i) within ten (10) Business Days after the end of each month, an unaudited monthly balance sheet as of the end of such month and related unaudited statements of operations, cash flows and members’ equity of the Company for such monthly period then ended; and (ii) within ten (10) Business Days after the end of each fiscal quarter, unaudited quarter-end balance sheet as of the end of such quarter and related unaudited statements of operations, cash flows and members’ equity of the Company for such quarterly period then ended (together with the financial statements in (i), the Updated Financials”). The Updated Financials shall: (A) be true, correct and complete in all material respects; (B) be derived from and prepared in accordance with the information contained in the Books and Records; (C) be prepared in accordance with GAAP, consistently applied, throughout the periods covered thereby; and (D) present accurately and fairly in all material respects the assets, liabilities (including all reserves), financial condition and results of operations of the Company as of the times and for the periods referred to therein, subject to, with respect to the Additional Unaudited Statements, (1) the absence of footnote disclosures and other presentation items, and (2) changes resulting from normal year-end adjustments (the effect of which will not, individually or in the aggregate, be material). Upon delivery to the Purchaser, the Additional Unaudited Statements shall be considered “Unaudited Financials” for purposes of this Agreement. There shall be no changes in the method of application of the Company’s accounting policies or changes in the method of applying the Company’s use of estimates in the preparation of the Updated Financials as compared with the Audited Financial Statements.
Updated Financials. As promptly as practicable, but in no event later than ten (10) Business Days from the date hereof, the Company shall provide to the Buyer a true and correct copy of the unaudited consolidated balance sheet of the Company as of each of April 30, 2002 and May 31, 2002, and the related statements of income, shareholders' equity and cash flows for the respective fiscal periods then ended. As promptly as practicable, but in no event later than ten (10) Business Days prior to the Closing Date, the Company shall provide to the Buyer a true and correct copy of the unaudited consolidated balance sheet of the Company as of June 30, 2002, and the related statements of income, shareholders' equity and cash flows for the period then ended, and such balance sheet shall include a reserve in the amount of $250,000 for Liabilities in connection with the Siemens Matter (the "SIEMENS RESERVE").