Information as to the Company. The Company covenants and agrees as follows:
Information as to the Company. The Company covenants that during the Issuance Period and so long thereafter as any Notes remain outstanding or any amounts owing under the Transaction Documents remain unpaid:
Information as to the Company. None of the representations or warranties made by the Company or any of the Selling Shareholders in this Agreement or in any agreement executed and delivered by or on behalf of any of them pursuant hereto are false or misleading in any material respect with respect to any fact, or omit to state any material fact necessary in order to make the statements therein contained not misleading.
Information as to the Company. The Parent Guarantor and the Company covenant that during the Issuance Period and so long as any Notes remain outstanding or any amounts owing under the Transaction Documents (other than any contingent obligation that by its terms survives the termination of the applicable Transaction Document) remain unpaid, the Parent Guarantor and the Company will furnish to each Significant Holder:
Information as to the Company. The Company covenants that during the Issuance Period and so long thereafter as any Notes are outstanding:
Information as to the Company. The Company shall deliver to the Trustee, each Swap Provider, each Noteholder and the Rating Agency:
(a) immediately upon becoming aware of the existence of any condition or event which constitutes a Default or an Indenture Event of Default, a written notice describing its nature and period of existence and what action the Company is taking or proposes to take with respect thereto; and
(b) promptly upon the Company's becoming aware of (i) any proposed or pending investigation of it by any governmental authority or agency, or (ii) any pending or proposed court or administrative proceeding which (in either case) involves or may involve the possibility, individually or in the aggregate, of materially and adversely affecting the properties, business, profits or condition (financial or otherwise) of the Company, a written notice specifying the nature of such investigation or proceeding and what action the Company is taking or proposes to take with respect thereto and evaluating its merits.
Information as to the Company. The Company shall deliver to each holder of Notes:
(i) Quarterly Statements -- as soon as practicable after the end of each quarterly fiscal period in each fiscal year of the Company (other than the last quarterly fiscal period of each such fiscal year), and in any event within ninety (90) days thereafter:
(A) an unaudited consolidated balance sheet of the Company and its consolidated subsidiaries as at the end of such quarter, and
(B) unaudited consolidated statements of earnings and cash flows of the Company and its consolidated subsidiaries for such quarter and (in the case of the second and third quarters) for the portion of the fiscal year ending with such quarter, setting forth in each case in comparative form the corresponding figures for the corresponding periods in the previous fiscal year, and certified by a principal financial officer of the Company that said financial statements fairly present the consolidated financial condition and results of operations and cash flows of the Company and its consolidated subsidiaries, in accordance with GAAP consistently applied, as at the end of, and for, such period (subject to normal year-end adjustments), and accompanied by the certificate required by Section 0; and
(ii) Annual Statements -- as soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty (120) days thereafter:
Information as to the Company. In connection with IB’s activities hereunder, the Company will furnish IB with all materials and information regarding the business and financial condition of the Company that the Company believes are relevant to the Transaction or which IB reasonably requests (all such information so furnished being the “Information”), together with a draft of the registration statement to be used to register the Securities with the Securities and Exchange Commission under the Securities Act of 1933, as amended (the “Act”) and the Investment Company Act of 1940, as well as relevant State securities laws, and all related documents, including a confidential memorandum to underwriters and dealers summarizing the Transaction (collectively, the “Offering Materials” ). The Company recognizes and confirms that IB (a) will use and rely solely on the Information, the Offering Materials and on information available from generally recognized public sources without having independently verified the same; (b) is authorized to transmit to any prospective participant in the Transaction a copy or copies of the Offering Materials as well as the forms of underwriting or dealer agreements, and any other legal documentation considered necessary or advisable in connection with the Transaction, all of which will be prepared or approved by the Company; and (c) does not and will not assume responsibility for the accuracy or completeness of the Information, the Offering Materials or such other information and documents.
Information as to the Company. The Company will maintain, and cause each of its Subsidiaries to maintain, a system of accounting established and administered in accordance with sound business practices to permit preparation of financial statements in conformity with GAAP. The Company will deliver to each Lender and the Agent:
Information as to the Company. The Company shall file with the Collateral Agent, the Lender and the Rating Agency:
(a) within 15 days after it files them with the Commission, copies of the annual
(b) immediately upon becoming aware of the existence of any condition or event which constitutes a Potential Event of Default or an Event of Default, a written notice describing its nature and period of existence and what action the Company is taking or proposes to take with respect thereto; and
(c) promptly upon the Company's becoming aware of:
(i) any proposed or pending investigation of it by any governmental authority or agency, or
(ii) any pending or proposed court or administrative proceeding which involves or may involve the possibility, individually or in the aggregate, of materially and adversely affecting the properties, business, profits or condition (financial or otherwise) of the Company or the validity or enforceability of the Related Agreements, a written notice specifying the nature of such investigation or proceeding and what action the Company is taking or proposes to take with respect thereto and evaluating its merits.
