Common use of Alternative Reporting Clause in Contracts

Alternative Reporting. Notwithstanding any other term of the Finance Documents (including this Clause 25), delivery to the Agent of accounts and/or financial statements for any period which comply with the terms of any Senior Notes (the “Notes Accounts”) shall satisfy all requirements of Clauses 25.1 (Financial statements) and 25.3 (Requirements as to financial statements) (including as regards the form of and requirements in relation to financial statements and any accompanying information, statements and management commentary) in relation to the same period such that no further documents, statements or information shall be required to be delivered pursuant to Clause 25.1 (Financial statements) and Clause 25.3 (Requirements as to financial statements) in relation to that period other than the Quarterly Financial Statements for the final Financial Quarter of each Financial Year, provided that if the Company delivers any accounts and/or financial statements in reliance on this Clause 25.11: ​ (a) where applicable, the Company shall still be required to comply with any obligation to deliver a Compliance Certificate pursuant to Clause 25.2 (Provision and contents of Compliance Certificate); (b) if there has been any change as regards the accounting principles or accounting practices applied by the Company in the Notes Accounts when compared to the Accounting Principles applied to the Original Financial Statements of the Company and that change is material and impacts upon the manner provided in this Agreement for compliance with the financial covenant set out in Clause 26.2 (Financial condition), the Company shall notify the Agent accordingly (unless the Agent has been notified of the relevant change in relation to a previous set of accounts and/or financial statements) and, if requested by the Agent, the Company shall deliver to the Agent a Reconciliation Statement as contemplated by paragraph (a) of Clause 25.3 (Requirements as to financial statements) (in which case the Company shall be entitled to require the operation of any of the provisions set out in paragraphs (b) and/or (c) of that Clause); and (c) where applicable, the Company shall deliver to the Agent a copy of any report delivered pursuant to the Note Purchase Agreement in relation to: (i) any material acquisition, disposition or restructuring; (ii) any senior management (other than a club manager) changes at the Company (unless publicly announced); (iii) any change in the Auditors; or (iv) any other material event that the Company or any other Obligor announces publicly.

Appears in 1 contract

Sources: Revolving Facility Agreement (Manchester United PLC)

Alternative Reporting. Notwithstanding any other term of the Finance Documents (including this Clause 25), delivery to the Agent of accounts and/or financial statements for any period which comply with the terms of any Senior Notes (the “Notes Accounts”) shall satisfy all requirements of Clauses 25.1 (Financial statements) and 25.3 (Requirements as to financial statements) (including as regards the form of and requirements in relation to financial statements and any accompanying information, statements and management commentary) in relation to the same period such that no further documents, statements or information shall be required to be delivered pursuant to Clause 25.1 (Financial statements) and Clause 25.3 (Requirements as to financial statements) in relation to that period other than the Quarterly Financial Statements for the final Financial Quarter of each Financial Year, provided that if the Company delivers any accounts and/or financial statements in reliance on this Clause 25.11: ​ 81 (a) where applicable, the Company shall still be required to comply with any obligation to deliver a Compliance Certificate pursuant to Clause 25.2 (Provision and contents of Compliance Certificate); (b) if there has been any change as regards the accounting principles or accounting practices applied by the Company in the Notes Accounts when compared to the Accounting Principles applied to the Original Financial Statements of the Company and that change is material and impacts upon the manner provided in this Agreement for compliance with the financial covenant set out in Clause 26.2 (Financial condition), the Company shall notify the Agent accordingly (unless the Agent has been notified of the relevant change in relation to a previous set of accounts and/or financial statements) and, if requested by the Agent, the Company shall deliver to the Agent a Reconciliation Statement as contemplated by paragraph (a) of Clause 25.3 (Requirements as to financial statements) (in which case the Company shall be entitled to require the operation of any of the provisions set out in paragraphs (b) and/or (c) of that Clause); and (c) where applicable, the Company shall deliver to the Agent a copy of any report delivered pursuant to the Note Purchase Agreement in relation to: (i) any material acquisition, disposition or restructuring; (ii) any senior management (other than a club manager) changes at the Company (unless publicly announced); (iii) any change in the Auditors; or (iv) any other material event that the Company or any other Obligor announces publicly.

Appears in 1 contract

Sources: Revolving Facility Agreement (Manchester United PLC)