Common use of Xxxxxxxxx Information Clause in Contracts

Xxxxxxxxx Information. If requested by a Party, the other Party shall deliver, if available, (a) within one hundred twenty (120) calendar days following the end of each fiscal year, a copy of the annual report containing audited consolidated financial statements (income statement, balance sheet, statement of cash flows and statement of retained earnings and all accompanying notes) for such fiscal year setting forth in each case in comparative form the figures for the previous year for the Party, as the case may be, and (b) within sixty (60) calendar days after the end of each of its first three fiscal quarters of each fiscal year, a copy of a quarterly report containing unaudited consolidated financial statements for such fiscal quarter and the portion of the fiscal year through the end of such quarter, setting forth in each case in comparative form the figures for the previous year, and if the Party files reports with the Securities and Exchange Commission, certified in accordance with all applicable laws and regulations, including without limitation all applicable Securities and Exchange Commission rules and regulations. If the Party does not file reports with the Securities and Exchange Commission, the reports must be certified by a Chief Financial Officer, Treasurer or any Assistant Treasurer as being fairly stated in all material respects (subject to normal year end audit adjustments); provided, for the purposes of this Section 5.6, if a Party’s financial statements are publicly available electronically on the Securities and Exchange Commission’s website, then this requirement shall be deemed satisfied. In all cases the statements shall be for the most recent accounting period and shall be prepared in accordance with generally accepted accounting principles; provided, should any such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default so long as the relevant entity diligently pursues the preparation, certification and delivery of the statements.

Appears in 5 contracts

Samples: Demand Response Auction Mechanism Resource Purchase Agreement, Demand Response Auction Mechanism Resource Purchase Agreement, Demand Response Auction Mechanism Resource Purchase Agreement

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Xxxxxxxxx Information. (a) If requested by a Party, the other Party shall deliver, if available, (a) within one hundred twenty (120) calendar days following the end of each fiscal year, a copy of the annual report containing audited consolidated financial statements (income statement, balance sheet, statement of cash flows and statement of retained earnings and all accompanying notes) for such fiscal year setting forth in each case in comparative form the figures for the previous year for the Party, as the case may be, and (b) within sixty (60) calendar days after the end of each of its first three fiscal quarters of each fiscal year, a copy of a quarterly report containing unaudited consolidated financial statements for such fiscal quarter and the portion of the fiscal year through the end of such quarter, setting forth in each case in comparative form the figures for the previous year, and if the Party files reports with the Securities and Exchange Commission, certified in accordance with all applicable laws and regulations, including without limitation all applicable Securities and Exchange Commission rules and regulations. If the Party does not file reports with the Securities and Exchange Commission, the reports must be certified by a Chief Financial Officer, Treasurer or any Assistant Treasurer as being fairly stated in all material respects (subject to normal year end audit adjustments); provided, for the purposes of this Section 5.6, if a Party’s financial statements are publicly available electronically on the Securities and Exchange Commission’s website, then this requirement shall be deemed satisfied. In all cases the statements shall be for the most recent accounting period and shall be prepared in accordance with generally accepted accounting principles; provided, should any such statements not be available on a timely basis due to a delay in preparation or certification, such delay shall not be an Event of Default so long as the relevant entity diligently pursues the preparation, certification and delivery of the statements.

Appears in 2 contracts

Samples: Demand Response Auction Mechanism Resource Purchase Agreement, Demand Response Auction Mechanism Resource Purchase Agreement

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Xxxxxxxxx Information. If requested by So long as an Investor or [2] is a Partyholder of not less than an aggregate of 100,000 shares of Registrable Securities (as adjusted for any stock splits, consolidations and the like), the other Party shall deliver, if available, Company will furnish to such Investor or [2] the following reports: (a) As soon as practicable after the end of each fiscal year, and in any event within one hundred twenty (120) calendar days thereafter, annual budget projections of the Company for the following fiscal year; (b) As soon as practicable after the end of each fiscal year, a copy and in any event within one hundred twenty (120) days thereafter, audited consolidated balance sheets of the annual report containing audited Company and its subsidiaries, if any, as of the end of such fiscal year, and consolidated financial statements (of income statement, balance sheet, statement of and cash flows of the Company and statement of retained earnings and all accompanying notes) its subsidiaries, if any, for such fiscal year year, prepared in accordance with generally accepted accounting principles applied on a consistent basis and setting forth in each case in comparative form the figures for the previous year for fiscal year, all in reasonable detail and audited by independent public accountants of national standing selected by the Party, Company; and (c) As soon as the case may be, and (b) within sixty (60) calendar days practicable after the end of each of its first three fiscal quarters of each fiscal yearquarter, a copy of a quarterly report containing and in any event within forty-five (45) days thereafter, unaudited consolidated financial statements for such fiscal quarter and the portion balance sheets of the fiscal year through Company and its subsidiaries, if any, as of the end of the quarter, and unaudited consolidated statements of income and cash flows of the Company and its subsidiaries, if any, for such quarter, prepared in accordance with generally accepted accounting principles applied on a consistent basis and setting forth in each case in comparative form the figures for the previous yearsame quarter one year earlier; provided that footnotes and schedule disclosure appearing in audited financial statements shall not be required. (d) As soon as practicable after the end of each month, and in any event within forty-five (45) days thereafter, unaudited consolidated balance sheets of the Company and its subsidiaries, if any, as of the Party files reports with end of the Securities month, and Exchange Commissionunaudited consolidated statements of income and cash flows of the Company and its subsidiaries, certified in accordance with all applicable laws and regulations, including without limitation all applicable Securities and Exchange Commission rules and regulations. If the Party does not file reports with the Securities and Exchange Commission, the reports must be certified by a Chief Financial Officer, Treasurer or any Assistant Treasurer as being fairly stated in all material respects (subject to normal year end audit adjustments); providedif any, for the purposes of this Section 5.6such month and year-to-date, if a Party’s financial statements are publicly available electronically on the Securities and Exchange Commission’s website, then this requirement shall be deemed satisfied. In all cases the statements shall be for the most recent accounting period and shall be prepared in accordance with generally accepted accounting principles; provided, should any such statements not be available principles applied on a timely consistent basis due to a delay and setting forth in preparation or certification, such delay each case in comparative form the figures for the same month one year earlier; provided that footnotes and schedule disclosure appearing in audited financial statements shall not be an Event of Default so long as the relevant entity diligently pursues the preparation, certification and delivery of the statementsrequired.

Appears in 1 contract

Samples: Investor Rights Agreement

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