Interim Period Unaudited Company Financial Statements definition

Interim Period Unaudited Company Financial Statements shall have the meaning set forth in Section 4.6.1 of this Agreement.

Interim Period Unaudited Company Financial Statements. Section 4.6(a) “Investment Advisers Act” Section 4.25

Interim Period Unaudited Company Financial Statements and the balance sheet as of May 2, 2004, the “Interim Period Unaudited Company Balance Sheet”); and (ii) the audited consolidated balance sheets of the Company and its Subsidiaries as of August 3, 2003, July 28, 2002 and July 29, 2001, and the related consolidated statements of operations and changes in stockholders’ deficit for the fiscal years ended August 3, 2003, July 28, 2002 and July 29, 2001 (the statements referred to in this clause (ii) (including the balance sheets), the “Audited Company Financial Statements”). The Interim Period Unaudited Company Financial Statements and the Audited Company Financial Statements present fairly, in all material respects, the consolidated financial position of the Company and its Subsidiaries as of the respective dates thereof and the results of the Company’s consolidated operations for the fiscal periods therein set forth. Each of the Audited Company Financial Statements and the Interim Period Unaudited Company Financial Statements have been prepared in accordance with the Company’s books and records, the Company’s past practice and GAAP consistently applied throughout such fiscal periods, subject to normal year-end audit adjustments and except (i) that the Interim Period Unaudited Company Financial Statements do not contain notes that may be required by GAAP and may be subject to normal year-end audit adjustments that will not be material individually or in the aggregate and (ii) for the items listed in Section 4.6.1 of the Company Disclosure Schedule. The Company’s tangible net worth (set forth on the Interim Period Unaudited Company Balance Sheet) as adjusted by the adjustments listed in Section 4.6.1 of the Company Disclosure Schedule, will not be more than five hundred thousand dollars ($500,000) greater than or less than the tangible net worth as of May 2, 2004, as calculated by PriceWaterhouseCoopers after the Effective Time.

Examples of Interim Period Unaudited Company Financial Statements in a sentence

• Each of the Audited Company Financial Statements and the Interim Period Unaudited Company Financial Statements have been prepared in accordance with generally accepted accounting principles consistently applied, except as may be indicated in the notes thereto with respect to the Unaudited Company Financial Statements.

• Since the date of the Interim Period Unaudited Company Financial Statements, the Company (x) has not engaged in any transactions, except for the Transaction, or incurred any Taxes other than in the ordinary course of business or (y) has not paid Taxes other than Taxes paid on a timely basis and in a manner consistent with past custom and practice.

• Since the date of Interim Period Unaudited Company Financial Statements, the Company and its Subsidiaries have not incurred any liability for Taxes outside the ordinary course of business or otherwise inconsistent with past custom and practice.

• The Interim Period Unaudited Company Financial Statements and the Audited Company Financial Statements present fairly in all material respects the consolidated financial position of the Company as of the respective dates thereof and the results of the Company’s consolidated operations for the fiscal periods therein set forth (subject to normal year-end adjustments with respect to the Interim Period Unaudited Company Financial Statements).

• There is no fraud in connection with the Interim Period Unaudited Company Financial Statements or the Year-End Unaudited Company Financial Statements, whether or not material, that involves management or other employees who have a significant role in the Company’s internal controls.

• The Historical Audits and the SAS 100 Review shall not have revealed any material differences from the Year-End Unaudited Company Financial Statements and the Interim Period Unaudited Company Financial Statements.

• The Interim Period Unaudited Company Financial Statements and the Year-End Unaudited Company Financial Statements present fairly, in all material respects, the consolidated financial position of the Company as of the respective dates thereof and the results of the Company’s consolidated operations for the fiscal periods therein set forth.

• The Interim Period Unaudited Company Financial Statements and the Audited Company Financial Statements present fairly, in all material respects, the consolidated financial position of the Company and its Subsidiaries as of the respective dates thereof and the results of the Company’s consolidated operations for the fiscal periods therein set forth.

• Each of the Year-End Unaudited Company Financial Statements and the Interim Period Unaudited Company Financial Statements have been prepared in accordance with both the Company’s past practice and GAAP consistently applied throughout such fiscal periods.

• Each of the Audited Company Financial Statements and the Interim Period Unaudited Company Financial Statements have been prepared in accordance with both the Company’s past practice and GAAP consistently applied throughout such fiscal periods, subject to normal year-end audit adjustments and except that the Interim Period Unaudited Company Financial Statements do not contain notes that may be required by GAAP.