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| | Cooley Godward LLP | News & Publications | Cooley Alerts | The Sarbanes-Oxley Act of 2002: Non-GAAP Financial Measures ... |
 | | Although not specified in Regulation G itself, the release states that if the GAAP financial measure is not available on a forward-looking basis, the company must disclose that fact, identifying the information that is unavailable and its probable significance, and provide reconciling information that is available without unreasonable effort. |
 | | Although not specified in amended Item 10, the release states that if the GAAP financial measure is not available on a forward-looking basis, the company must disclose that fact, identifying the information that is unavailable and its probable significance, and provide reconciling information that is available without an unreasonable effort; |
 | | As with Regulation G, the new amendments to Item 10 are not applicable to disclosures related to business combinations, the parties to the combination or the entity resulting from the combination, if the disclosure is contained in a communication that is subject to the SEC’s communications rules applicable to business combination transactions. |
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