Current report on SEC Form 8-K checklist - Center for Corporate ...

Current report on SEC Form 8-K checklist - Center for Corporate ... Current report on SEC Form 8-K checklist - Center for Corporate ...

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Checklist for ong>Currentong> Report on SEC Form 8-K (11-04) (b) described in paragraph (a)(4) of this Item 2.04, are material to the registrant, disclose the following information: (1) The date of the triggering event and a brief description of the agreement or transaction under which the direct financial obligation was created and is increased or accelerated; (2) A brief description of the triggering event; (3) The amount of the direct financial obligation, as increased if applicable, and the terms of payment or acceleration that apply; and (4) Any other material obligations of the registrant that may arise, increase, be accelerated or become direct financial obligations as a result of the triggering event or the increase or acceleration of the direct financial obligation. If a triggering event occurs causing an obligation of the registrant under an offbalance-sheet arrangement to increase or be accelerated, or causing a contingent obligation of the registrant under an offbalance-sheet arrangement to become a direct financial obligation of the registrant, and the consequences of the event, taking into account those described in paragraph (b)(4) of this Item 2.04, are material to the registrant, disclose the following information: (1) The date of the triggering event and a brief description of the off-balancesheet arrangement; (2) A brief description of the triggering event; (3) The nature and amount of the obligation, as increased if applicable, and the terms of payment or Complied With Where Disclosed or Reason Omitted 22

Checklist for ong>Currentong> Report on SEC Form 8-K (11-04) (c) (d) (e) acceleration that apply; and (4) Any other material obligations of the registrant that may arise, increase, be accelerated, or become direct financial obligations as a result of the triggering event or the increase or acceleration of the obligation under the off-balancesheet arrangement or its becoming a direct financial obligation of the registrant. For purposes of this Item 2.04, the term direct financial obligation has the meaning provided in Item 2.03 of Form 8-K, but shall also include an obligation arising out of an off-balance-sheet arrangement that is accrued under SFAS No. 5, Accounting for Contingencies, as a probable loss contingency. For purposes of this Item 2.04, the term offbalance-sheet arrangement has the meaning provided in Item 2.03 of Form 8-K. For purposes of this Item 2.04, a triggering event is an event, including an event of default, event of acceleration or similar event, as a result of which a direct financial obligation of the registrant or an obligation of the registrant arising under an off-balancesheet arrangement is increased or becomes accelerated or as a result of which a contingent obligation of the registrant arising out of an off-balance-sheet arrangement becomes a direct financial obligation of the registrant. Instructions to Item 2.04 1. Disclosure is required if a triggering event occurs in respect of an obligation of the registrant under an off-balance-sheet arrangement and the consequences are material to the registrant, whether or not the registrant is also a party to the transaction or Complied With Where Disclosed or Reason Omitted 23

Checklist <strong>for</strong> <str<strong>on</strong>g>Current</str<strong>on</strong>g> Report <strong>on</strong> <strong>SEC</strong> <strong>Form</strong> 8-K (11-04)<br />

(c)<br />

(d)<br />

(e)<br />

accelerati<strong>on</strong> that apply; and<br />

(4) Any other material obligati<strong>on</strong>s of the<br />

registrant that may arise, increase, be<br />

accelerated, or become direct financial<br />

obligati<strong>on</strong>s as a result of the triggering<br />

event or the increase or accelerati<strong>on</strong> of<br />

the obligati<strong>on</strong> under the off-balancesheet<br />

arrangement or its becoming a<br />

direct financial obligati<strong>on</strong> of the<br />

registrant.<br />

For purposes of this Item 2.04, the term<br />

direct financial obligati<strong>on</strong> has the meaning<br />

provided in Item 2.03 of <strong>Form</strong> 8-K, but shall<br />

also include an obligati<strong>on</strong> arising out of an<br />

off-balance-sheet arrangement that is accrued<br />

under SFAS No. 5, Accounting <strong>for</strong><br />

C<strong>on</strong>tingencies, as a probable loss<br />

c<strong>on</strong>tingency.<br />

For purposes of this Item 2.04, the term offbalance-sheet<br />

arrangement has the meaning<br />

provided in Item 2.03 of <strong>Form</strong> 8-K.<br />

For purposes of this Item 2.04, a triggering<br />

event is an event, including an event of<br />

default, event of accelerati<strong>on</strong> or similar<br />

event, as a result of which a direct financial<br />

obligati<strong>on</strong> of the registrant or an obligati<strong>on</strong><br />

of the registrant arising under an off-balancesheet<br />

arrangement is increased or becomes<br />

accelerated or as a result of which a<br />

c<strong>on</strong>tingent obligati<strong>on</strong> of the registrant arising<br />

out of an off-balance-sheet arrangement<br />

becomes a direct financial obligati<strong>on</strong> of the<br />

registrant.<br />

Instructi<strong>on</strong>s to Item 2.04<br />

1. Disclosure is required if a triggering event<br />

occurs in respect of an obligati<strong>on</strong> of the<br />

registrant under an off-balance-sheet<br />

arrangement and the c<strong>on</strong>sequences are<br />

material to the registrant, whether or not the<br />

registrant is also a party to the transacti<strong>on</strong> or<br />

Complied<br />

With<br />

Where Disclosed or<br />

Reas<strong>on</strong> Omitted<br />

23

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