Financial Statements of Company. The Company agrees to have an annual audit made by independent accountants and to furnish the Trustee with a balance sheet and statements of income, retained earnings and cash flow showing the financial condition of the Company and its consolidated subsidiaries, if any, at the close of each fiscal year, and the results of operations of the Company and its consolidated subsidiaries, if any, for each fiscal year, as audited by said accountants, on or before the last day of the third month following the close of the fiscal year or as soon thereafter as they are reasonably available. The Company further agrees to furnish to the Trustee, the Authority and to any owner of Bonds if requested in writing by such owner all financial statements which it sends to its shareholders. The delivery of such financial statements to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein, including the Company’s compliance with any of its covenants hereunder.
Financial Statements of Company. All financial statements delivered by the Company pursuant to subsection 2.7(a) of the Agreement.
Financial Statements of Company. The Company agrees to furnish the Trustee with a copy of its annual report to stockholders for each year, beginning with the year 1997, on or before March 31 of the subsequent year or as soon thereafter as it is reasonably available. The Company further agrees to furnish to the Trustee, and to any owner of the Bonds if requested in writing by such owner, all financial statements which it sends to its shareholders generally.
Financial Statements of Company. The Company agrees that during the Lease Term it will furnish to the Trustee and the Issuer audited financial statements of the Company, for and as of the end of each fiscal year of the Company, within 120 days after the end thereof, or if not then available, as soon as available, as included in the annual report of the Company to its shareholders, or, in lieu of such audited financial statements, this requirement may be satisfied by furnishing to the Trustee and Issuer, within 120 days after the end of such fiscal year, the annual report of the Company for such fiscal year in the form distributed to the shareholders of the Company.
Financial Statements of Company. The Company agrees to have an annual audit made by independent accountants and to furnish the Trustee with a balance sheet and statements of income, retained earnings and cash flow showing the financial condition of the Company and its consolidated subsidiaries, if any, at the close of each fiscal year, and the results of operations of the Company and its consolidated subsidiaries, if any, for each fiscal year, as audited by said accountants, on or before the last day of the third month following the close of the fiscal year or as soon thereafter as they are reasonably available. The Company further agrees to furnish to the Trustee, the Authority and to any owner of Bonds if requested in writing by such owner all financial statements which it sends to its shareholders. ARTICLE VI.
Financial Statements of Company. The Company agrees that during the Lease Term it will furnish to the Trustee and the Issuer audited financial statements of the Company, for and as of the end of each fiscal year of the Company, within 120 days after the end thereof, or if not then available, as soon as available, as included in the annual report of the Company to its shareholders, or, in lieu of such audited financial statements, this requirement may be satisfied by furnishing to the Trustee and Issuer, within 120 days after the end of such fiscal year, the annual report of the Company for such fiscal year in the form distributed to the shareholders of the Company. Delivery of such information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall 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.
Financial Statements of Company. True and complete copies of (i) the audited consolidated balance sheet of the Company and its Subsidiaries as of December 31, 2009, and the related audited consolidated statements of operations, changes in stockholders’ equity and changes in cash flows for the year then ended, together with all related notes and schedules thereto (the “2009 Financial Statements”), and (ii) the unaudited consolidated balance sheet of the Company and its Subsidiaries as of September 30, 2010 (the “Reference Balance Sheet”), and the related unaudited statements of operations, changes in stockholders’ equity and changes in cash flows for the nine months ended September 30, 2010 (collectively referred to herein as the “Interim Financial Statements”), are attached as Section 3.08(a)(i) of the Seller Disclosure Schedule. The 2009 Financial Statements and the Interim Financial Statements (including, in each case, any notes thereto) were prepared in accordance with United States generally accepted accounting principles (“U.S. GAAP”) applied on a consistent basis throughout the periods indicated (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by U.S. GAAP) and each present fairly, in all material respects, the consolidated financial position of the Company and its Subsidiaries as at the respective dates thereof and for the respective periods indicated therein, except as otherwise noted therein (subject, in the case of unaudited statements, to normal and recurring year-end adjustments which were not and are not expected, individually or in the aggregate, to be material). A true and correct copy of the Quadrem Balance Sheet Adjustments, assuming for purposes of this Section 3.08 that such adjustments are calculated based on the Reference Balance Sheet as if the Closing occurs as of the date of the Reference Balance Sheet rather than the Estimated Closing Balance Sheet is attached as Section 3.08(a)(i) of the Seller Disclosure Schedule. Such adjustments have been calculated in accordance with the assumptions, estimates and methodologies set forth on Exhibit D.
Financial Statements of Company. The Members have previously delivered to the Royal the financial statements of the Company for the following periods: a balance sheet as of December 31, 2013 and 2014, and income statement for the periods ended December 31, 2013 and 2014 (the “Financial Statements”), which are incorporated herein by reference. The Financial Statements have been prepared in accordance with generally accepted accounting principles (“GAAP”) consistently applied and present fairly the financial position, assets and liabilities as of the dates thereof and the revenues, expenses, results of operations and cash flows of the Contributor for the periods covered then ended. The Financial Statements are in accordance with the books and records of the Company, and do not reflect any transactions which are not bona fide transactions. The Financial Statements make full and adequate disclosure of, and provision for, all obligations and liabilities of as of the date thereof. All of the Company’s revenues that have arisen in connection with the business and that are reflected on the Financial Statements shall have arisen only from bona fide transactions in the ordinary course of business.
Financial Statements of Company. So long as the Company is a publicly-owned corporation, it shall (a) furnish the Trustee and Ambac with a copy of its annual report to shareholders for each year, beginning with the year 1998, on or before March 31 of the subsequent year or as soon thereafter as it is reasonably available, and (b) furnish to the Trustee, to Ambac, and to any owner of the Bonds if requested in writing by such owner, all financial statements which it sends to its shareholders generally. While the Municipal Bond Insurance Policy is in effect, the Company shall furnish to Ambac such additional information it may reasonably request. To the extent that the Company has entered into a continuing disclosure undertaking pursuant to Rule 15c2-12 under the Securities Exchange Act as in effect on the date of this Participation Agreement or any successor thereto (the "Rule") with respect to the Bonds, Ambac shall be included as party to receive notices of all material events (as described in paragraph (b)(5)(i)(C) of the Rule).
Financial Statements of Company. The Company is a newly formed limited liability company, formed under the laws of the state of West Virginia on May 4, 2015, with no present assets or liabilities, and with revenue scheduled subsequent to the Closing Date, upon the consummation of the sale of coal pursuant to the Purchase Agreement. To the extent any assets, liabilities, or revenue is incurred or generated prior to the Closing Date, the Members agree to deliver to Royal the financial statements of the Company for such interim period (the “Financial Statements”), which shall be incorporated herein by reference.
