Form 10K Clause Samples

Form 10K. As soon as available, but in any event within 90 days after the end of each fiscal year of the Parent Borrower, a copy of the annual audited financial statements of the Parent Borrower and its Subsidiaries, prepared on a Consolidated basis in accordance with GAAP, as filed with the SEC. Such financial statements shall be certified without qualification by the Accountants, which certification shall (i) state that the audit by such Accountants was conducted in accordance with generally accepted auditing standards, (ii) state that such audit includes examining, on a test basis, evidence supporting the amounts and disclosures in such financial statements, and (iii) include the opinion of such Accountants that such financial statements present fairly, in all material respects, the financial position of the Parent Borrower and its Subsidiaries and the results of their operations and their cash flows for such fiscal year in conformity with GAAP, except as otherwise specified in such opinion.

Form 10K. As soon as available, but in any event within 95 days after the end of each fiscal year of the Borrower, a copy of the annual audited financial statements of the Borrower and its Subsidiaries, prepared on a Consolidated basis in accordance with GAAP, and on a combined basis with the Internet Business, as filed with the SEC. Such financial statements shall be certified without qualification as to going concern by the Accountants, which certification shall (i) state that the examination by such Accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances, and (ii) include the opinion of such Accountants that such financial statements have been prepared in accordance with GAAP in a manner consistent with prior fiscal periods, except as otherwise specified in such opinion.

Form 10K. BioVest shall deliver to Warburton the latest draft of the Form 10K being filed by BioVest with the U. S. Securities and Exchange Commission.

Form 10K. Within ninety (90) days of each fiscal year-end, provide to the Holder with such information required to be disclosed in an Annual Report on Form 10K pursuant to the Securities Exchange Act Of 1934, as Amended, and with such financial information prepared in accordance with any applicable accounting rules relating thereto; such annual information shall be delivered to the Holder irrespective of whether (a) the Borrower has failed to make such filing with the SEC or (b) the Borrower is required to make such filing with the SEC;

Form 10K. As soon as available, but in any event within 90 days after the end of each fiscal year of the Company (or, if earlier, five days after the date required to be filed with the SEC), commencing with the fiscal year of the Company ending December 27, 2008, a copy of the annual audited financial statements of the Company and its Subsidiaries, prepared on a Consolidated basis in accordance with GAAP, as filed with the SEC. Such financial statements shall be certified without qualification by the Accountants, which certification shall (i) state that the audit by such Accountants was conducted in accordance with generally accepted auditing standards, (ii) state that such audit includes examining, on a test basis, evidence supporting the amounts and disclosures in such financial statements, and (iii) include the opinion of such Accountants that such financial statements present fairly, in all material respects, the financial position of the Company and its Subsidiaries and the results of their operations and their cash flows for such fiscal year in conformity with GAAP, except as otherwise specified in such opinion.