Examples of Xxxxxxx Fertilizer Businesses in a sentence
Cargill is not aware of any significant deficiencies or material weaknesses existing in the design or operation of the internal controls over financial reporting of the Xxxxxxx Fertilizer Businesses that adversely affect Cargill’s ability to record, process, summarize and report to management or the Board of Directors of Cargill material financial information relating to the Cargill Fertilizer Businesses.
In connection with and subject to the foregoing, each of Cargill and IMC agrees to make available, promptly after they first become available, monthly summary profit and loss statements for such party’s and its Subsidiaries’ business (or, in the case of Cargill, the Xxxxxxx Fertilizer Businesses, which will be summary management reports customarily provided to Cargill management), consolidated and for each division.
Cargill shall also furnish to IMC, within 30 days after the end of each fiscal quarter of the Xxxxxxx Fertilizer Businesses, an unaudited consolidated balance sheet of the Xxxxxxx Fertilizer Businesses at the end of such fiscal quarter.
Newco, IMC and their Subsidiaries and Cargill and its Subsidiaries agree to preserve such information, records and documents that relate to the Xxxxxxx Fertilizer Businesses, in the original form if in existence, until the expiration of any applicable statutes of limitations or extensions thereof and as otherwise required by Law.
Since January 1, 2003, no fraud, whether or not material, that involves management or other employees who have a significant role in the preparation of financial reports of the Xxxxxxx Fertilizer Businesses, as a whole, has been disclosed to Cargill’s auditors, Board of Directors or executive management.
For instance, with reference to a bank, it s related to the belief that the bank is solid and able to repay deposits to its customers.
Except as disclosed in Section 8.02 of the Cargill Disclosure Schedule, from the date hereof until the Effective Date, Cargill and its Subsidiaries shall conduct the Xxxxxxx Fertilizer Businesses in the ordinary course consistent with past practices and shall use all reasonable efforts to preserve intact their business organizations and relationships with Third Parties and to keep available the services of their present officers and employees.
None of Cargill or any of its Subsidiaries has received, since December 31, 2001, a written notice alleging or relating to a possible violation of any Laws applicable to the Xxxxxxx Fertilizer Businesses which violations would, individually or in the aggregate, have a Cargill Material Adverse Effect.
Cargill will, prior to the Closings, design (i) disclosure controls and procedures to provide that material information relating to the Xxxxxxx Fertilizer Businesses is made known to Newco’s management after the Closings and (ii) internal controls over financial reporting to record, process, summarize and report material financial information relating to the Cargill Fertilizer Businesses to Newco after the Closings.
Cargill and its Subsidiaries have in effect all material Permits (including Environmental Permits) necessary to carry on the Xxxxxxx Fertilizer Businesses as now conducted, and there has occurred no violation of or default (with or without notice or lapse of time or both) under any such Permit, except for violations or defaults that individually or in the aggregate have not had and would not reasonably be expected to have a Cargill Material Adverse Effect.