Provision of Reports and Financial Statements. The Issuer will provide to the Trustee, and the Trustee shall deliver to the Holders, the following:
Provision of Reports and Financial Statements. (a) [Intentionally Omitted]
Provision of Reports and Financial Statements. The Company shall be required to file on a timely basis with the Commission, to the extent such filings are accepted by the Commission and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company would be required to file if it were subject to Section 13 or 15(d) of the Exchange Act. The Company shall also be required (a) to supply to the Trustee and each Holder, or supply to the Trustee for forwarding to each such Holder, without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company files such reports and documents with the Commission or the date on which the Company would be required to file such reports and documents if the Company were so required and (b) if filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, to supply at the Company's cost copies of such reports and documents to any prospective Holder of Securities promptly upon written request.
Provision of Reports and Financial Statements. Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, the Company will, to the extent permitted under the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Sections 13(a) or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the date (the “Required Filing Date”) by which the Company would have been required so to file such documents if the Company were so subject. To the extent the filing of such reports and documents by the Company with the Commission is not permitted by the Exchange Act, such reports and documents shall be made available by the Required Filing Date to Holders of Securities and prospective investors in the Securities by posting on a password-protected or other website, which will announce when such items have been posted (which can be a notification through Intralinks, another password protected or other website of the Company or by email to registered holders). Notwithstanding the foregoing, to the extent any report or document is not filed with the Commission or otherwise made available to Holders and prospective investors in the Securities by the Required Filing Date, the Company will be deemed to have satisfied its obligations with respect thereto at the time such report or document is provided and any Default with respect thereto shall be deemed to have been cured. Furthermore, to the extent the filing of such reports and documents by the Company with the Commission is not permitted by the Exchange Act, any such reports and documents provided by posting on a password-protected or other website (A) shall not be required to include as an exhibit, or to include a summary of the terms of, any employment or compensatory arrangement, agreement, plan or understanding between the Company or its Subsidiaries and any director, manager or officer, of the Company or its Subsidiaries, (B) will not be required to provide any information that is not otherwise similar to information currently included in the offering memorandum, (C) will not be required to include as an exhibit copies of any agreements, financial statements or other items that would be required to be filed as exhibits under the rules promulgated by the Commission, and (D) will not be required to include segment reporting. If the Company has designated any of its Subsidiaries a...
Provision of Reports and Financial Statements. (a) The Company shall provide to the Administrative Agent and holders of Floating Rate Notes: (i) within 90 days after the end of each fiscal year of the Company, audited consolidated financial statements of the Company for such fiscal year and (ii) within 60 days after the end of each of the first three fiscal quarters of the Company, unaudited consolidated financial statements of the Company for such fiscal quarter. Each of the financial statements referred to in (i) and (ii) shall be prepared in accordance with Argentine GAAP consistently applied, shall be translated into English, and shall be accompanied by a discussion and analysis, substantially in the format of the "Management's Discussion and Analysis of Financial Condition and Results of Operations" that would be included in a Form 20-F filed under the Exchange Act, except that such discussion and analysis will be required only to compare the financial condition and results of operations of the fiscal year or fiscal quarter most recently ended to the prior fiscal year or comparable fiscal quarter of the prior fiscal year, as applicable. The financial statements referred to in (i) shall contain a reconciliation to U.S. GAAP of net income and shareholders' equity and a report thereon by the Company's independent auditors. In addition, the Company shall provide to the Administrative Agent and holders of Floating Rate Notes an English translation of each document filed by the Company with the CNV and made publicly available in Argentina.
Provision of Reports and Financial Statements. The Issuer shall provide the Trustee, and the Trustee shall deliver to the Holders, a copy of all Financial Statements at the same time as they are required to be filed under Applicable Securities Legislation. Such obligation to provide such Financial Statements shall continue in the event that the Issuer ceases to be a “reporting issuer” (or its equivalent) as if it had continued to be a “reporting issuer” (or its equivalent) under such Applicable Securities Legislation; provided that, notwithstanding the foregoing, all Financial Statements will be deemed to have been provided to the Trustee and the Holders once filed on the System for Electronic Document Analysis and Retrieval website at xxx.xxxxx.xxx.
Provision of Reports and Financial Statements. The Company will file with the Trustee and provide the Holders, within 15 days after the filing thereof with the Commission, copies of all documents that the Company is required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act. If the Company is not subject to Section 13(a) or 15(d) of the Exchange Act, the Company will furnish to the Holders and the Trustee:
Provision of Reports and Financial Statements. Baytex will provide the Indenture Trustee and the Debtholders, a copy of all financial statements, whether annual or interim, of Baytex and the report (if any) of Baytex's auditors thereon and the associated "Management's Discussion and Analysis of Financial Condition and Results of Operations" at the same time as they are required to be filed under Applicable Securities Legislation. Any such obligation to provide such financial statements and associated "Management's Discussion and Analysis of Financial Condition and Results of Operations" shall continue in the event that Baytex ceases to be a "reporting issuer" (or its equivalent) as if it had continued to be a "reporting issuer" (or its equivalent), provided that notwithstanding the foregoing, all financial statements and the report (if any) of Baytex's auditors therein and associated "Management's Discussion and Analysis of Financial Condition and Results of Operations" will be deemed to have been provided to the Indenture Trustee and the Debtholders once filed with the United States Securities and Exchange Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval System ("EXXXX"). Delivery of the above financial statements and/or reports to the Indenture Trustee is for informational purposes only and the Indenture Trustee's receipt of such financial statements and/or reports shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including Baytex's compliance with any of its covenants in this Indenture or any Supplemental Indenture (as to which the Indenture Trustee is entitled to rely exclusively on an Officers' Certificate or any other agreement or document).
Provision of Reports and Financial Statements. (a) Unless the Issuer has filed the same on the System for Electronic Document Analysis and Retrieval or any successor system thereto (“SEDAR”), the Issuer will provide to the Trustee a copy of (i) within 120 days of the end of each fiscal year of the Issuer, annual financial statements of the Issuer for such fiscal year and a report of the Issuer’s auditors thereon and (ii) within 60 days of the end of each of the first three fiscal quarters of every fiscal year of the Issuer, unaudited quarterly financial statements of the Issuer for such fiscal quarter, together with (in the case of each of clauses (i) and (ii)) an associated management’s discussion and analysis (all of the foregoing financial information to be prepared on a basis substantially consistent with the corresponding financial information required to be filed by a “reporting issuer” under the securities laws of the Province of Ontario).
Provision of Reports and Financial Statements. The Borrower will maintain and will cause each of its Subsidiaries to maintain a system of accounting established and administered in accordance with sound business practices to permit preparation of financial statements in conformity with IFRS (it being understood that monthly financial statements are not required to have footnote disclosures and are subject to normal year-end adjustments). The Borrower will provide to Agent, and Agent shall deliver to the Lenders, the following upon written request:
