Common use of Provision of Financial Statements and Reports Clause in Contracts

Provision of Financial Statements and Reports. The Company (unless at the time no Outstanding Securities have been registered with the Commission pursuant to the Securities Act) shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to the Trust Indenture Act. In the event that the Company files any financial statements or reports with the Commission or publishes or otherwise makes such statements or reports publicly available in Brazil, the United States or elsewhere, the Company will furnish a copy of the statements or reports to the Trustee within 15 calendar days of the date of filing or the date the information is published or otherwise made publicly available. For purposes of this Section 10.05, as long as the financial statements or reports are publicly available and accessible electronically by the Trustee, the filing or electronic publication of such financial statements or reports shall comply with the Company’s obligations to deliver such statements and reports to the Trustee hereunder. The Company shall provide the Trustee with prompt written notification at such time that the Company becomes or ceases to be required to file information, documents or reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. The Trustee shall have no obligation to determine if and when the Company’s financial statements or reports are publicity available and accessible electronically. The above reports may be delivered by the Company to the Trustee in physical or electronic form, as determined by the Company. Delivery of these reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any of those will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).

Appears in 3 contracts

Samples: Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.), Braskem Finance LTD

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Provision of Financial Statements and Reports. The Company (unless at the time no Outstanding Securities have been registered with the Commission pursuant to the Securities Act) and Braskem shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to the Trust Indenture Act. In the event that the Company or Braskem, as the case may be, files any financial statements or reports with the Commission or publishes or otherwise makes such statements or reports publicly available in Brazil, the United States or elsewhere, the Company or Braskem, as the case may be, will furnish a copy of the statements or reports to the Trustee within 15 calendar days of the date of filing or the date the information is published or otherwise made publicly available. For purposes of this Section 10.05, as long as the financial statements or reports are publicly available and accessible electronically by the Trustee, the filing or electronic publication of such financial statements or reports shall comply with the Company’s and Braskem’s respective obligations to deliver such statements and reports to the Trustee hereunder. The Company or Braskem, as the case may be, shall provide the Trustee with prompt written notification at such time that the Company or Braskem, as the case may be, becomes or ceases to be required to file information, documents or reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. The Trustee shall have no obligation to determine if and when the Company’s or Braskem’s financial statements or reports are publicity available and accessible electronically. The above reports may be delivered by the Company to the Trustee in physical or electronic form, as determined by the Company. Delivery of these reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any of those will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s and Braskem’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).

Appears in 3 contracts

Samples: Braskem Finance LTD, Braskem Finance LTD, Braskem Finance LTD

Provision of Financial Statements and Reports. The Company (unless at the time no Outstanding Securities have been registered with the Commission pursuant to the Securities Act) shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to the Trust Indenture Act. In the event that the Company files any financial statements or reports with the Commission or publishes or otherwise makes such statements or reports publicly available in BrazilThe Netherlands, the United States or elsewhere, the Company will furnish a copy of the statements or reports to the Trustee within 15 calendar days of the date of filing or the date the information is published or otherwise made publicly available. For purposes of this Section 10.0510.06, as long as the financial statements or reports are publicly available and accessible electronically by the Trustee, the filing or electronic publication of such financial statements or reports shall comply with the Company’s obligations obligation to deliver such statements and reports to the Trustee hereunder. The Company shall provide the Trustee with prompt written notification at such time that the Company becomes or ceases to be required to file information, documents or reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Acta reporting company. The Trustee shall have no obligation to determine if and when the Company’s financial statements or reports are publicity publicly available and accessible electronically. The above reports may be Company will provide, together with each of the financial statements delivered pursuant to this Section, a Directors’ Certificate stating (A) that a review of the Company’s activities has been made during the period covered by such financial statements with a view to determining whether the Company has kept, observed, performed and fulfilled its covenants and agreements under this Indenture and (B) that no Event of Default has occurred during such period or, if one or more have actually occurred, specifying all such events and what actions have been taken and will be taken with respect to the Trustee in physical or electronic form, as determined by the Companysuch Event of Default. Delivery of these reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any of those will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Directors’ Certificates).

Appears in 1 contract

Samples: Indenture (Petrobras Global Finance B.V.)

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Provision of Financial Statements and Reports. The Company (unless at the time no Outstanding Securities have been registered with the Commission pursuant to the Securities Act) and Fibria shall file with the Trustee and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to the Trust Indenture Act. In the event that the Company or Fibria, as the case may be, files any financial statements or reports with the Commission or publishes or otherwise makes such statements or reports publicly available in Brazil, the United States or elsewhere, the Company or Fibria, as the case may be, will furnish a copy of the statements or reports to the Trustee within 15 calendar days of the date of filing or the date the information is published or otherwise made publicly available. For purposes of this Section 10.05, as long as the financial statements or reports are publicly available and accessible electronically by the Trustee, the filing or electronic publication of such financial statements or reports shall comply with the Company’s and Fibria’s respective obligations to deliver such statements and reports to the Trustee hereunder. The Company or Fibria, as the case may be, shall provide the Trustee with prompt written notification at such time that the Company or Fibria, as the case may be, becomes or ceases to be required to file information, documents or reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act. The Trustee shall have no obligation to determine if and when the Company’s or Fibria’s financial statements or reports are publicity available and accessible electronically. The above reports may be delivered by the Company to the Trustee in physical or electronic form, as determined by the Company. Delivery of these reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of any of those will not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s and Fibria’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).

Appears in 1 contract

Samples: Fibria Celulose S.A.

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