Common use of Accounting and Bookkeeping Clause in Contracts

Accounting and Bookkeeping. Accounting and bookkeeping services for the Company shall be performed by PTS or its affiliate, and the reasonable market rate of fees for such services shall be paid by the Company as set forth in Exhibit C. Payment of such accounting and bookkeeping fees shall be deemed operating expenses of the Company and shall not be subject to treatment as a Member Transaction under the provisions of Section 5.2 (b) or (c). Any Member maintaining or possessing the books and records of the Company will provide any other Member’s personnel and auditors, accountants, and legal counsel access to such books and records during business hours upon reasonable request. (i) Company shall use reasonable efforts to deliver within nineteen (19) days after the end of each month to each Person who was a Member at any time during such calendar month (1) monthly financial statements prepared in accordance with U.S. GAAP (which financial statements, including balance sheet, income statement, cash flow and Member’s equity, need not contain notes or a comparison to the prior month) and (2) the financial information identified on Exhibit D, which exhibit may be amended, from time to time by unanimous action of the Board. (ii) Company shall deliver within eighteen (18) days after the end of each fiscal quarter to each Person who was a Member at any time during such fiscal quarter quarterly financial statements prepared in accordance with U.S. GAAP (which financial statements, including balance sheet, income statement, cash flow and Member’s equity, need not contain notes or a comparison to the prior quarter). The Company and any Member maintaining or possessing the books and records of the Company will cooperate with any other Member in preparing notes to such financial statements. (iii) Company shall deliver within forty-five (45) days after the end of each fiscal year to each Person who was a Member at any time during such fiscal year (1) annual financial statements prepared in accordance with U.S. GAAP (which financial statements, including balance sheet, income statement, cash flow and Member’s equity, need not contain notes or a comparison to the prior fiscal year) and (2) the financial information identified on Exhibit D, which exhibit may be amended, from time to time by unanimous action of the Board. An estimate of the taxable income generated by the Company during the applicable period will be provided upon completion. The Company and any Member maintaining or possessing the books and records of the Company will cooperate with any other Member in preparing notes to such financial statements.

Appears in 1 contract

Sources: Member Control Agreement (Dakota Plains Holdings, Inc.)

Accounting and Bookkeeping. Accounting and bookkeeping services for the Company shall be performed by PTS or its affiliate, and the reasonable market rate of fees for such services shall be paid by the Company as set forth in Exhibit C. Payment of such accounting and bookkeeping fees shall be deemed operating expenses of the Company and shall not be subject to treatment as a Member Transaction under the provisions of Section 5.2 (b) or (c). Any Member maintaining or possessing the books and records of the Company will provide any other Member’s personnel and auditors, accountants, and legal counsel access to such books and records during business hours upon reasonable request. (i) Company shall use reasonable efforts to deliver within nineteen (19) days after the end of each month to each Person who was a Member at any time during such calendar month (1) monthly financial statements prepared in accordance with U.S. GAAP (which financial statements, including balance sheet, income statement, cash flow and Member’s equity, need not contain notes or a comparison to the prior monthnotes) and (2) the financial information identified on Exhibit D, which exhibit may be amended, from time to time by unanimous action of the Board. (ii) Company shall deliver within eighteen (18) days after the end of each fiscal quarter to each Person who was a Member at any time during such fiscal quarter quarterly financial statements prepared in accordance with U.S. GAAP (which financial statements, including balance sheet, income statement, cash flow and Member’s equity, need not contain notes or a comparison to the prior quarter). The Company and any Member maintaining or possessing the books and records of the Company will cooperate with any other Member in preparing notes to such financial statements. (iii) Company shall deliver within forty-five (45) days after the end of each fiscal year to each Person who was a Member at any time during such fiscal year (1) annual financial statements prepared in accordance with U.S. GAAP (which financial statements, including balance sheet, income statement, cash flow and Member’s equity, need not contain notes or a comparison to the prior fiscal yearquarter) and (2) the financial information identified on Exhibit D, which exhibit may be amended, from time to time by unanimous action of the Board. An estimate of the taxable income generated by the Company during the applicable period will be provided upon completion. The Company and any Member maintaining or possessing the books and records of the Company will cooperate with any other Member in preparing notes to such financial statements.

Appears in 1 contract

Sources: Member Control Agreement (Dakota Plains Holdings, Inc.)