8-K Requirements. Upon Acquiror’s request, for a period of two (2) years after Closing, Contributor shall make its records (financial or otherwise) maintained in connection with the ownership and operation of Contributor’s interest in the Property (collectively, the “Records”) available to the REIT for inspection, copying and audit by the REIT’s designated accountants, and at the REIT’s expense. Contributor (and the LP Unit Recipients) shall provide the REIT, but without third-party expense to Contributor (and the LP Unit Recipients), with copies of, or access to, such factual information as may be reasonably requested by the REIT, and in the possession or control of Contributor (and the LP Unit Recipients), to enable the REIT to file Form 8-K, if, as and when such filing may be required by the SEC. Without limitation of the foregoing, (i) the REIT or its designated independent or other accountants may audit the Contributor’s operating statements for the Property, and Contributor (and the LP Unit Recipients) shall supply such documentation in its possession or control as the REIT or its accountants may reasonably request in order to complete such audit, and Contributor shall execute an audit letter setting forth the appropriate opinion, and (ii) Contributor (and the LP Unit Recipients) shall furnish the REIT with such financial and other information as may be reasonably required by the REIT or its assigns to make any required filings with the SEC or any other governmental authority.
Appears in 3 contracts
Samples: Contribution Agreement (American Housing Income Trust, Inc.), Contribution Agreement (American Housing Income Trust, Inc.), Contribution Agreement (American Housing Income Trust, Inc.)
8-K Requirements. Upon AcquirorPurchaser’s request, for a period of two (2) years after Closing, Contributor Seller shall make its records (financial or otherwise) maintained in connection with the ownership and operation of ContributorSeller’s interest in the Property Project (collectively, the “Records”) available to the REIT for inspection, copying and audit by the REIT’s designated accountants, and at the REIT’s expense. Contributor Seller (and the LP Unit Recipients) shall provide the REIT, but without third-party expense to Contributor (and the LP Unit Recipients)Seller, with copies of, or access to, such factual information as may be reasonably requested by the REIT, and in the possession or control of Contributor Seller (and the LP Unit Recipients), to enable the REIT to file Form 8-K, if, as and when such filing may be required by the Securities and Exchange Commission (“SEC”). Without limitation of the foregoing, (i) the REIT or its designated independent or other accountants may audit the ContributorSeller’s operating statements for the PropertyProject, and Contributor (and the LP Unit Recipients) Seller shall supply such documentation in its possession or control as the REIT or its accountants may reasonably request in order to complete such audit, and Contributor Seller shall execute an the form of audit letter setting forth the appropriate opinion, contained in Exhibit E and (ii) Contributor (and the LP Unit Recipients) Seller shall furnish the REIT with such financial and other information as may be reasonably required by the REIT or its assigns to make any required filings with the SEC or any other governmental authority.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Pacific Office Properties Trust, Inc.), Membership Interest Purchase Agreement (Pacific Office Properties Trust, Inc.), Membership Interest Purchase Agreement (Pacific Office Properties Trust, Inc.)
