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Agenda - Council - 08/13/2013
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Agenda - Council - 08/13/2013
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3/18/2025 9:36:06 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/13/2013
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"School's Audited Financial Statements" means the School's annual financial statements, <br />prepared in accordance with GAAP. <br />"School's Fiscal Year" means the fiscal year of the School. <br />"SEC" means the Securities and Exchange Commission. <br />"Underwriter" means Dougherty & Company LLC and its successors and assigns. <br />Section 3. Provision of Annual Financial Information and Audited Financial <br />Statements. <br />The Company shall, or shall cause the Trustee to, not later than one hundred fifty (150) <br />days after the end of the Company's Fiscal Year commencing with the year that ends <br />30, 2013, provide each Repository with the Company's Annual Report which is consistent with <br />the requirements of Section 4 of this Disclosure Agreement_ The School shall, or shall cause the <br />Trustee to, not later than one hundred fifty (150) days after the end of the School's Fiscal Year <br />commencing with the year that ends 30, 2013, provide each Repository with the <br />School's Annual Report which is consistent with the requirements of Section 4 of this Disclosure <br />Agreement. If the Trustee is to provide any such Annual Report to each Repository, not later <br />than fifteen (15) Business Days prior to said date, the Company and the School shall provide <br />their respective Annual Report to the Trustee. The Company and the School shall provide a <br />written certification with the Annual Reports furnished to the Trustee to the effect that such <br />Annual Reports constitute the Annual Reports required to be furnished by the Company and the <br />School hereunder. The Annual Reports may each be submitted as a single document or as <br />separate documents comprising a package, and may cross-reference other information as <br />provided in Section 4 of this Disclosure Agreement; provided that the Company's Audited <br />Financial Statements may be submitted separately from the balance of the Company's Annual <br />Report and the School's Audited Financial Statements may be submitted separately as the <br />School's Annual Report. The Trustee's obligation to deliver the information at the times and <br />with the contents described above shall be limited to the extent the Company and the School <br />have provided such information to the Trustee as required hereby. <br />If by fifteen (15) Business Days prior to the date specified in the provision above for <br />providing the Annual Report to each Repository, the Trustee has not received a copy of the <br />Annual Report, the Trustee shall contact the Company and the School, as appropriate, to inquire <br />if the Company and the School arc in compliance with subsection (a). <br />If the Company and the School, as appropriate, do not provide a written certification to <br />the Trustee to the effect that an Annual Report has been provided to the Repositories by the date <br />required in subsection (a), the Trustee shall send a notice to each Repository in substantially the <br />form attached as Exhibit A. <br />The Trustee shall to the extent the Company and the School have provided the Annual <br />Report to the Trustee, file a report with the Company and the School certifying that the <br />information represented to the Trustee by the Company and the School as the Annual Report has <br />been provided pursuant to this Disclosure Agreement, stating the date it was provided, and listing <br />all the Repositories to which it was provided. <br />E-8 <br />
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