Books and Records Reports. (a) The Trustees shall keep a certified copy or duplicate original of this Trust Agreement on file at the office of the Trust and the office of the Administrator available for inspection at all reasonable times during its usual business hours by any Holder. The Trustees shall keep proper books of record and account for all the transactions under this Trust Agreement at the office of the Trust and the office of the Administrator, and such books and records shall be open to inspection by any Holder at all reasonable times during usual business hours. The Trustees shall retain all books and records in compliance with Section 31 of the Investment Company Act and the rules and regulations thereunder.
(b) With each payment to Holders the Paying Agent shall set forth, either in the instruments by means of which payment is made or in a separate statement, the amount being paid from the Trust Account expressed as a dollar amount per STRYPES and the other information required under Section 19 of the Investment Company Act and the rules and regulations thereunder. The Trustees shall prepare and file or distribute reports as required by Section 30 of the Investment Company Act and the rules and regulations thereunder. The Trustees shall prepare and file such reports as may from time to time be required to be filed or distributed to Holders under any applicable state or Federal statute or rule or regulation thereunder, and shall file such tax returns as may from time to time be required under any applicable state or Federal statute or rule or regulation thereunder. One of the Trustees shall be designated by resolution of the Trustees to make the filings and give the notices required by Rule 17g-1 under the Investment Company Act.
(c) In calculating the net asset value of the Trust as required by the Investment Company Act, (i) the U.S. Treasury Securities will be valued at the mean between the last current bid and asked prices or, if quotations are not available, as determined in good faith by the Trustees, (ii) short-term investments having a maturity of 60 days or less will be valued at cost with accrued interest or discount earned included in interest receivable and (iii) the Contract will be valued at the mean of the bid prices received by the Administrator from at least three independent broker-dealer firms unaffiliated with the Trust to be named by the Trustees who are in the business of making bids on financial instruments similar to the Contract and with terms ...
Books and Records Reports. At all times during the existence of the Company, the Company shall maintain, at its principal place of business, separate books of account for the Company. Subject to reasonable confidentiality restrictions established by the Board of Managers (including as set forth in Section 18-305(c) of the Act), each Member and its respective agents and representatives shall be afforded access to the Company’s books and records applicable to such Member for any proper purpose (as determined by the Board of Managers in its reasonable discretion), at any reasonable time during regular business hours upon reasonable written notice to the Board of Managers.
Books and Records Reports. GIAC, each Account, and the Distributor shall cause to be maintained and preserved all books of account and related financial records as are required of it by applicable laws and regulations. The books, accounts and records of GIAC, the Account and Distributor shall be maintained so as to clearly and accurately disclose the nature and details of the transactions. All records maintained by GIAC in connection with this Agreement shall be maintained and held by GIAC on behalf of, and as agent for, the Distributor, whose property they are and shall remain, and such books and records will at all times be subject to inspection by authorized representatives of the SEC and FINRA. GIAC shall have access to all records maintained in connection with the Contracts.
Books and Records Reports. (a) The Company shall keep and maintain full and accurate books of account for the Company in accordance with GAAP consistently applied in accordance with the terms of this Agreement. Such books shall be maintained at the principal office of the Company or offsite so long as they are easily accessible. To the extent reasonably requested, each of the Investor Members and their respective Affiliates and designated representatives shall have full and complete access at all reasonable times to review, inspect and copy the books and records of the Company.
(b) The Company shall furnish (A) each of the following to each Investor Member who holds more than 7.5% of the outstanding Voting Units and (B) each of (iii), (iv) and (v) below to each Investor Member regardless of its level of ownership of Voting Units:
(i) Within 30 days after the end of each month, a report estimating oil and gas production of each Antero Subsidiary for such month, which report is used by the Company or such Antero Subsidiary for internal control purposes, and a balance sheet, statement of income, Members’ (or stockholder’s) equity and cash flows for such month prepared in accordance with GAAP, together with a comparison of such statements to the Approved Annual Budget for such periods;
(ii) Within 45 days after the end of each quarter, an unaudited consolidated balance sheet as of the end of such quarter and an unaudited related consolidated income statement and statement of cash flows for such quarter including any footnotes thereto (if any) prepared in accordance with GAAP, consistently applied, together with a comparison of such statements to the Approved Annual Budget for such periods;
(iii) Within 90 days after the end of each year, an audited consolidated balance sheet as of the end of such fiscal year and the related consolidated income statement, statement of Members’ equity and statement of cash flows for such fiscal year prepared in accordance with GAAP, consistently applied and a signed audit letter from the Independent Auditors;
(iv) Within 90 days after the end of each fiscal year, a reserve report prepared by one or more reservoir engineers acceptable to the Board of Directors;
(v) Within 30 days before the end of each fiscal year, a consolidated annual budget approved by the Board of Directors (an “Approved Annual Budget”);
(vi) Prompt notice after the occurrence of any material event, together with a summary describing the nature of the event and its impact on the Compan...
Books and Records Reports. Mortgagor shall keep proper books of record and account, which shall accurately represent the financial condition of the Mortgaged Property. Mortgagee and its authorized representatives shall have the right upon reasonable advance notice, and at reasonable times, from time to time, to examine the books and records of Mortgagor relating to the operation of the Mortgaged Property including, but not limited to, title and survey information. As a condition to any such inspection, Mortgagee shall execute and deliver in favor of Mortgagor a confidentiality agreement which, in the good faith determination of both Mortgagor and Mortgagee, is in form and substance reasonably satisfactory to Mortgagor and Mortgagee, provided that (i) during the period prior to any foreclosure of the Mortgaged Property, the following information concerning the Mortgaged Property shall be deemed not to be confidential information for purposes of such confidentiality agreement: title and ownership information as to property and equipment, property survey information, equipment operating logs, equipment maintenance logs, and equipment warranty records, and any other information available in public records and (ii) during the period after any foreclosure of the Mortgaged Property, only the following shall be deemed to be confidential information for purposes of such confidentiality agreement: pricing information, production costs information, customer information. Mortgagee shall agree to comply, and cause its representatives to comply, with all occupational health and safety rules and regulations governing the operation of the Mortgaged Property.
Books and Records Reports. (a) The Managing Member shall keep or cause to be kept books and records reflecting all of the Company’s activities and transactions and all other information required by law. The books and records shall be kept at the principal place of business of the Company or of Brookfield. Subject to Section 12.3, each Non-Managing Member and its respective agents and representatives shall be afforded access to the Company’s register of Members and the Company’s books and records for inspection and copying and any other purpose reasonably related to such Non-Managing Member’s interest as a non-managing member of the Company, at any reasonable time during regular business hours upon five (5) Business Days’ notice to the Managing Member; provided, however, that any expenses incurred in connection with any such access to the Company’s register of Members and the Company’s books and records shall be expenses of such Non-Managing Member and not of the Company. Each former Non-Managing Member shall also be afforded access to the Company’s register of Members and the Company’s books and records on the same terms to the extent relating to the period during which such former Non-Managing Member was a Non-Managing Member. The Managing Member shall preserve the register of Members and all books and records that it keeps pursuant to this Section 8.1(a) for a period of seven (7) years after the date of termination of the Company. The Company books and records and all original copies of agreements entered into by the Company shall be the property of the Company.
(b) The Managing Member shall use its commercially reasonable efforts to furnish or cause to be furnished the following reports to each Non-Managing Member (and to each former Non-Managing Member to the extent relating to the period during which such former Non-Managing Member was a Non-Managing Member):
(i) as soon as practicable (but in no event later than ninety (90) days) following the end of each Fiscal Year, a balance sheet of the Company as of the end of such Fiscal Year and statements of operations, changes in Members’ capital and a statement of cash flows of the Company for such Fiscal Year, accompanied by an audited report from an Independent Accounting Firm containing an opinion of such accountants. All such reports shall be prepared in accordance with GAAP;
(ii) as soon as practicable (but in no event later than sixty (60) days following the end of each of the first three (3) quarters of each Fiscal Year, a rep...
Books and Records Reports. (a) The Security Trustee shall at all times keep, or cause to be kept, proper books of record and account in which complete and accurate entries shall be made of all transactions relating to the Secured Obligations, Project Revenues and all Project Accounts established pursuant to this Agreement. Such books of record and accounts shall be available for inspection by the Intercreditor Agent, the Secured Parties, the Concessionaire or their respective agents or representatives duly authorized in writing, at reasonable business hours and under reasonable circumstances and upon reasonable prior written request.
(b) Within 15 days after the end of each month, the Security Trustee shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated Agents, a report setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during such month.
(c) Within 30 days after the end of each year, the Security Trustee shall furnish to the Intercreditor Agent, with a copy to the Concessionaire, the TIFIA Phase 1 Lender, the TIFIA Phase 2 Lender, the Phase 2 Indenture Trustee and the Subordinated Agents, a report setting forth in reasonable detail the account balances, receipts, disbursements, transfers, investment transactions, and accruals for each of the Project Accounts during the preceding year.
(d) The Security Trustee shall maintain records of all receipts, disbursements, and investments of funds with respect to the Project Accounts until the sixth anniversary of the date on which all of the Secured Obligations shall have been paid in full.
Books and Records Reports. The Manager(s) shall keep adequate and accurate books and records with respect to the operations of the Company. Such books and records shall be maintained at the Company’s principal place of business, or at such other place as the Manager(s) shall determine, and all Members, and their duly authorized representatives, shall at all reasonable times have access to such books and records as well as any information required to be made available to the Members under the Act. Within a reasonable time after the end of each fiscal year, the Company shall cause to be delivered to each Person who was a Member at any time during such fiscal year such information, if any, with respect to the Company as may be necessary for the preparation of such Person’s federal, state or local income tax returns.
Books and Records Reports. 21 Section 7.03. DISSOLUTION...................................... 22 Section 7.04. AMENDMENT AND WAIVER............................. 22 Section 7.05. ACCOUNTANTS...................................... 23 Section 7.06. NATURE OF HOLDER'S INTEREST...................... 24 Section 7.07. NO RECOURSE...................................... 24 Section 7.08. ENFORCEMENT OF RIGHTS............................ 24 Section 7.09. DELAWARE LAW TO GOVERN........................... 25 Section 7.10. NOTICES.......................................... 25 Section 7.11. SEVERABILITY..................................... 25 Section 7.12. COUNTERPARTS..................................... 25 Section 7.13.
Books and Records Reports. INTELLECTUAL PROPERTY; BRANDING 13 Section 8.01 Books and Records 13
