Common use of Information Right Clause in Contracts

Information Right. 13.1 The Company shall deliver to each Investor: (i) within ninety (90) days after the end of each fiscal year of the Company, a consolidated income statement and statement of cash flows for the Company for such fiscal year and a consolidated balance sheet for the Company as of the end of the fiscal year, audited and certified by the Auditor prepared in accordance with the Accounting Standards consistently applied throughout the period; (ii) within twenty (20) days of the end of each of the first three fiscal quarters, an unaudited consolidated income statement and statement of cash flows for such quarter and an unaudited consolidated balance sheet for the Company as of the end of such quarter, all prepared in accordance with the Accounting Standards consistently applied throughout the period (except for customary year-end adjustments and except for the absence of notes); (iii) within twenty (20) days of the end of each month, an unaudited consolidated income statement and statement of cash flows for such month and an unaudited consolidated balance sheet for the Company as of the end of such month, all prepared in accordance with the Accounting Standards consistently applied throughout the period (except for customary year-end adjustments and except for the absence of notes); (iv) an annual consolidated budget and strategic plan within sixty (60) days prior to the end of each fiscal year; (v) any information with respect to any Group Company as reasonably requested by any Investor with respect to such Investor’s (or such Investor’s direct or indirect owner’s) tax returns or in connection with any tax audit; and (vi) any other information of the Group Companies as reasonably requested by any such Investor(s), (for so long as such Investor(s) (other than Cathay) hold, individually or collectively, no less than five (5) percent of the entire Equity Securities of the Company at the time-being (calculated on a fully-diluted and as-converted basis)). 13.2 The Company acknowledges and agrees (and shall procure other Group Companies to acknowledge and agree) that each Investor (for so long as such Investor(s) hold, individually or collectively, no less than five (5) percent of the entire Equity Securities of the Company at the time-being (calculated on a fully-diluted and as-converted basis)) shall have the following rights, at its own expenses: (i) the right to reasonably inspect the books and records (including financial records) of any Group Company; (ii) the right to reasonably inspect the plant, equipment, stock in trade and facilities of any Group Company; and (iii) the right to reasonably discuss the business, operations and management and other matters of any Group Company with their respective directors, officers, employees, accountants, auditors, financial advisors, legal counsel and investment bankers, provided that such inspection is conducted during regular working hours and a written notice shall be given to such Group Company at least ten (10) Business Days prior to such inspection.