Examples of HBI Financial Statements in a sentence
All evidences of indebtedness and Leases included in the HBI Financial Statements are the legal, valid and binding obligations of the respective obligors thereof, enforceable in accordance with their respective terms, subject to the Bankruptcy Exception, and are not subject to any known or threatened defenses, offsets or counterclaims that may be asserted against HBI or any of its Subsidiaries or the present holder thereof.
Except as set forth on Confidential Schedule 3.05(a), the HBI Financial Statements do not contain any items of extraordinary or nonrecurring income or any other income not earned in the ordinary course of business except as expressly specified therein.
All accruals and reserves referred to in this Section are correctly and accurately reflected and accounted for in the HBI Financial Statements and the books, statements and records of HBI and each of its Subsidiaries.
Notwithstanding anything to the contrary contained in this Section 3.17, no representation or warranty is being made as to the sufficiency of collateral securing, or the collectability of, the loans of the Bank; provided, however, that to Knowledge of HBI, except as disclosed in the HBI Financial Statements, no loan of the Bank is impaired and there is no impairment of the fair value of any collateral securing any loan of the Bank.
HBI has established as set forth in the HBI Financial Statements, and shall establish and set forth in the Subsequent HBI Financial Statements, in accordance with GAAP, a reserve for taxes adequate to cover all of HBI’s and its Subsidiaries’ tax liabilities (including, without limitation, income taxes, payroll taxes and withholding, and franchise fees) for the period covered by such HBI Financial Statements.
The Subsequent HBI Financial Statements will be prepared on a basis consistent with past accounting practices and GAAP (to the extent applicable) and shall present fairly the financial condition and results of operations as of the dates and for the periods presented (except in the case of Call Report information for the absence of notes and/or year-end adjustments).
HBI previously has provided to JBI copies of all HBI Financial Statements and HBI Call Reports for periods ended prior to the date hereof, and HBI will deliver to JBI promptly copies of all HBI Financial Statements and HBI Call Reports prepared subsequent to the date hereof.
Except (i) as set forth in the HBI Disclosure Schedule, (ii) as set forth in the HBI Financial Statements, and (iii) for customer deposits, ordinary trade payables, and FHLB advances, neither HBI nor any of its Subsidiaries has, and none will have at the Effective Time, any indebtedness for borrowed money.
A Bid Waiver Justification has been provided and Conflict of Interest Declarations have been signed by Maria Quintana, JHS Lab Operations Manager, and Matthew Urbanek, CFO, ViraCor-IBT, Inc., with no reported disclosures.
Neither HBI nor any of its Subsidiaries has, nor will any of them have, any liability for taxes of any nature for or with respect to the operation of its business, from the date hereof up to and including the Effective Time, except to the extent set forth in the Subsequent HBI Financial Statements or as accrued or reserved for on the books and records of HBI or its Subsidiaries.