Interim Financials has the meaning set forth in Section 3.5.1.
Interim Financial Statements has the meaning set forth in Section 3.06.
Interim Financing means any new financial assistance, provided by an existing or a new creditor, that includes, as a minimum, financial assistance during the stay of individual enforcement actions, and that is reasonable and immediately necessary for the debtor's business to continue operating, or to preserve or enhance the value of that business;
Unaudited Interim Balance Sheet has the meaning set forth in Section 2.4(a) of this Agreement.
Interim DIP Order means an interim order of the Bankruptcy Court approving the DIP Facilities Motion, which order shall be consistent in all material respects with this Agreement and the DIP Credit Agreements, and otherwise in form and substance acceptable to the Debtors and the Requisite Consenting Creditors.
Company Interim Financial Statements has the meaning specified in Section 4.08(a).
Rule 482 Statement means a document that contains the number of Securities issued, the offering price and any other items dependent upon the offering price, prepared in accordance with the provisions of Rule 482 of the 1933 Act, a copy of which shall be attached as Schedule D hereto. “Statutory Prospectus” as of any time means the prospectus relating to the Securities that is included in the Registration Statement immediately prior to that time, including any document incorporated by reference therein. Each preliminary prospectus and the prospectus filed as part of the effective Registration Statement or as part of any amendment thereto, or filed pursuant to Rule 497 under the 1933 Act, complied when so filed in all material respects with the Rules and Regulations and each preliminary prospectus and the Prospectus delivered to the Underwriters for use in connection with this offering was identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T. If a Rule 462(b) Registration Statement is required in connection with the offering and sale of the Securities, the Fund has complied or will comply with the requirements of Rule 111 under the 1933 Act Rules and Regulations and Rule 3a of the Commission’s Internal and Other Procedures (“Rule 3a”) relating to the payment of filing fees thereof. The Fund, subject to the Registration Statement having been declared effective and the filing of the Prospectus under Rule 497, has taken all required action under the 1933 Act, the 1940 Act, the Securities and Exchange Act of 1934, as amended (the “1934 Act”) and the Rules and Regulations to make the public offering and consummate the sale of the Securities as contemplated by this Agreement.
Company Audited Financial Statements has the meaning set forth in Section 3.11.
Audited Financials has the meaning specified in Section 4.6(a).
Year-End Financial Statements has the meaning set forth in Section 3.06.
Annual Statement of Compliance As defined in Section 3.13.
SEC Off-Balance Sheet Rules means the Disclosure in Management’s Discussion and Analysis About Off-Balance Sheet Arrangements, Securities Act Release No. 33-8182, 68 Fed. Reg. 5982 (Feb. 5, 2003) (codified at 17 CFR pts. 228, 229 and 249).
Unaudited Financial Statements has the meaning set forth in Section 3.4(a).
Closing Financial Statements has the meaning set forth in Section 6.22.
Buyer Financial Statements shall have the meaning set forth in Section 4.6.
Audited financial statement means a financial statement audited by an outside accounting firm.
Audited Financial Statements means the audited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal year ended December 31, 2017, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for such fiscal year of the Borrower and its Subsidiaries, including the notes thereto.
Audited financial report means and includes those items specified in Section 5 of this regulation.
Most Recent Financial Statements has the meaning set forth in Section 4(g) below.
Seller Financial Statements has the meaning set forth in Section 3.5(a).
Closing Date Financial Statements has the meaning set forth in Section 2.3(a)(i).
Final DIP Order means a final order of the Bankruptcy Court approving the DIP Facilities Motion, which order shall be consistent in all material respects with this Agreement and the DIP Credit Agreements and otherwise in form and substance acceptable to the Debtors and the Requisite Consenting Creditors.
Interim Statements is defined in Section 3.3.
past financial year means the financial year preceding the current year;
Required Financial Statements has the meaning assigned to such term in Section 5.04(2).
Interim Balance Sheet Date has the meaning set forth in Section 3.06.