Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to keep and maintain full and accurate books and records administered in accordance with sound accounting principles, consistently applied, which shall include in detail the earnings and expenses of the Property and the operation thereof. Borrower (a) shall keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 00000. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by Lender, to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by Lender. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the Borrower, Guarantor, and IDOT Guarantors for each taxable year, within thirty (30) days after filing but in any event not later than one hundred and twenty (120) days after the close of each such taxable year or fiscal year, as applicable and (ii) with reasonable promptness, such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall be in form and detail acceptable to Lender in all respects, and shall be certified in writing as true and correct by the Borrower, Guarantor and each of the IDOT Guarantors, as applicable. Notwithstanding the foregoing or anything to the contrary contained herein, Borrower may provide to Lender such information as required hereunder on a consolidated basis together with the information as required for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide to Lender and Lender shall be entitled to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage Ratio.
Appears in 2 contracts
Samples: Loan Agreement (Asset Capital Corporation, Inc.), Loan Agreement (Asset Capital Corporation, Inc.)
Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to will keep and maintain full and accurate books and records administered in accordance with sound accounting principlesGAAP, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. Borrower (a) shall will keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 000008.6. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by LenderXxxxxx, with at least 48 hours prior written notice (unless an Event of Default has occurred and is continuing), to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by LenderXxxxxx. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the Borrower, Guarantor, each Guarantor and IDOT Guarantors for each taxable yearthe Property, within thirty ninety (3090) days after filing each fiscal year end for the respective reporting party. In addition, Borrower will furnish or cause to be furnished to Lender, with reasonable promptness (but in any event not later within five (5) Business Days), such interim financial statements (no more frequent than one hundred monthly) of Borrower, each Guarantor and twenty (120) days after the close of each such taxable year or fiscal yearProperty, as applicable and (ii) together with reasonable promptness, such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall must be in form and detail acceptable to Lender in all respectsand must be certified as to accuracy by Borrower or the respective Guarantor, as the case may be, and from and after the time of any advance of the Loan after the Closing Disbursement must be audited by a nationally recognized independent certified public accounting firm. Borrower shall provide, upon Xxxxxx’s request, convenient facilities for the audit and verification of any such statement. All certifications and signatures on behalf of corporations, partnerships, limited liability companies and other entities shall be certified in writing as true and correct by the Borrower, Guarantor and each a representative of the IDOT Guarantors, as applicablereporting party satisfactory to Lender. Notwithstanding the foregoing or anything to the contrary contained herein, Borrower may provide to Lender such information as required hereunder on a consolidated basis together with the information as required All financial statements for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide to Lender and Lender individuals shall be entitled on Xxxxxx’s then-current personal financial statement form or in another form satisfactory to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage RatioLender.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement
Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to will keep and maintain full and accurate books and records administered in accordance with sound accounting principles, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. Borrower (a) shall will keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records8.6. Upon reasonable advance notice, including recorded data of any kind and regardless of the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 00000. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by Lender, to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by Lender. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the BorrowerSun Communities, Guarantor, and IDOT Guarantors for each taxable yearInc., within thirty ninety (3090) days after filing but in any event not later than one hundred each fiscal year end. The financial statements must be audited with an opinion satisfactory to Lender by an independent certified public accountant satisfactory to Lender. Borrower will also furnish or cause to be furnished to Lender quarterly, unaudited, financial statements, including balance sheets and twenty income statements, for Sun Communities, Inc., within sixty (12060) days after each fiscal quarter end (except the close of last). Borrower will also furnish or cause to be furnished to Lender quarterly operating statements for the Property within sixty (60) days after each such taxable year fiscal quarter end. In addition, Borrower will furnish or fiscal yearcause to be furnished to Lender, as applicable and (ii) with reasonable promptness, such other interim financial statements of Borrower, Sun Communities, Inc. and the Property, together with such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial and operating statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall must be in form and detail acceptable to Lender in all respectsand must be certified as to accuracy by Borrower or Sun Communities, Inc., as the case may be. Borrower shall provide, upon Lender’s request, convenient facilities for the audit and verification of any such statement. All certifications and signatures on behalf of corporations, partnerships, limited liability companies and other entities shall be certified in writing as true and correct by the Borrower, Guarantor and each an authorized representative of the IDOT Guarantors, as applicable. Notwithstanding the foregoing or anything to the contrary contained herein, Borrower may provide to Lender such information as required hereunder on a consolidated basis together with the information as required for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide to Lender and Lender shall be entitled to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage Ratioreporting party.
Appears in 2 contracts
Samples: Term Loan Agreement (Sun Communities Inc), Term Loan Agreement (Sun Communities Inc)
Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to will keep and maintain full and accurate books and records administered in accordance with sound accounting principles, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. Borrower (a) shall will keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 000008.6. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by Lender, to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by Lender. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the Borrower, Guarantor, Guarantor and IDOT Guarantors for each taxable yearthe Property, within thirty ninety (3090) days after filing each fiscal year end for the respective reporting party. In addition, Borrower will furnish or cause to be furnished to Lender, with reasonable promptness but in any no event not later more than one hundred and twenty forty-five (12045) days after the close end of each such taxable year or of the first three calendar quarters of each fiscal year, as applicable quarterly financial statements of Borrower, Guarantor and (ii) the Property, together with reasonable promptness, such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall must be in form and detail acceptable to Lender in all respectsLender, must be certified as to accuracy by Borrower or the Guarantor, as the case may be, and in the case of annual financial statements of the Guarantor, must be audited with an unqualified opinion by an independent certified public accountant satisfactory to Lender. Borrower shall provide, upon Lender’s request, convenient facilities for the audit and verification of any such statement. All certifications and signatures on behalf of corporations, partnerships, limited liability companies and other entities shall be certified in writing as true and correct by the Borrower, Guarantor and each a representative of the IDOT Guarantors, as applicablereporting party satisfactory to Lender. Notwithstanding Lender hereby acknowledges and agrees that Borrower providing Lender with a copy of the foregoing or anything annual audit report and the quarterly financial statements filed by Guarantor with the Securities and Exchange Commission shall satisfy Guarantor’s requirement hereunder to the contrary contained hereinprovide interim and annual financial statements. Promptly after filing, Borrower may will provide to Lender such information as required hereunder on a consolidated basis together with the information as required for each copies of the Guarantor annual tax returns filed by Borrower and IDOT Guarantors provided that Borrower shall provide to Lender and Lender shall be entitled to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage RatioGuarantor.
Appears in 1 contract
Samples: Construction Loan Agreement (Campus Crest Communities, Inc.)
Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to will keep and maintain full and accurate books and records administered in accordance with sound accounting principlesGAAP, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. Borrower (a) shall will keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 000008.6. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by Lender, with at least 48 hours prior written notice (unless an Event of Default has occurred and is continuing), to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by Lender. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the Borrower, Guarantor, each Guarantor and IDOT Guarantors for each taxable yearthe Property, within thirty ninety (3090) days after filing each fiscal year end for the respective reporting party. In addition, Borrower will furnish or cause to be furnished to Lender, with reasonable promptness (but in any event not later within five (5) Business Days), such interim financial statements (no more frequent than one hundred monthly) of Borrower, each Guarantor and twenty (120) days after the close of each such taxable year or fiscal yearProperty, as applicable and (ii) together with reasonable promptness, such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall must be in form and detail acceptable to Lender in all respectsand must be certified as to accuracy by Borrower or the respective Guarantor, as the case may be, and from and after the time of any advance of the Loan after the Closing Disbursement must be audited by a nationally recognized independent certified public accounting firm. Borrower shall provide, upon Lender’s request, convenient facilities for the audit and verification of any such statement. All certifications and signatures on behalf of corporations, partnerships, limited liability companies and other entities shall be certified in writing as true and correct by the Borrower, Guarantor and each a representative of the IDOT Guarantors, as applicablereporting party satisfactory to Lender. Notwithstanding the foregoing or anything to the contrary contained herein, Borrower may provide to Lender such information as required hereunder on a consolidated basis together with the information as required All financial statements for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide to Lender and Lender individuals shall be entitled on Lender’s then-current personal financial statement form or in another form satisfactory to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage RatioLender.
Appears in 1 contract
Samples: Construction Loan Agreement
Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to will keep and maintain full and accurate books and records administered in accordance with sound accounting principles, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. Borrower (a) shall will keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records8.6. Upon reasonable advance notice, including recorded data of any kind and regardless of the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 00000. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by Lender, to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by Lender. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the Borrower, Guarantor, each Guarantor and IDOT Guarantors for each taxable yearthe Property, within thirty ninety (3090) days after filing but in any event not later than one hundred each fiscal year end for the respective reporting party. Borrower will also furnish or cause to be furnished to Lender quarterly consolidated, unaudited, financial statements, including consolidated balance sheets and twenty income statements, for Borrower, each Guarantor and the Property, within fifty (12050) days after each fiscal quarter end (except the close of each such taxable year last) for the respective reporting party. In addition, Borrower will furnish or fiscal yearcause to be furnished to Lender, as applicable and (ii) with reasonable promptness, such other interim financial statements of Borrower, each Guarantor and the Property, together with such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall must be in form and detail acceptable to Lender in all respectsand must be certified as to accuracy by Borrower or the respective Guarantor, as the case may be. Borrower shall provide, upon Lender’s request, convenient facilities for the audit and verification of any such statement. All certifications and signatures on behalf of corporations, partnerships, limited liability companies and other entities shall be certified in writing as true and correct by the Borrower, Guarantor and each an authorized representative of the IDOT Guarantors, as applicable. Notwithstanding the foregoing or anything to the contrary contained herein, Borrower may provide to Lender such information as required hereunder on a consolidated basis together with the information as required for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide to Lender and Lender shall be entitled to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage Ratioreporting party.
Appears in 1 contract
Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to will keep and maintain full and accurate books and records administered in accordance with sound accounting principles, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. Borrower (a) shall will keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 000008.6. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by Lender, to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by Lender. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal for Borrower and state income tax returns for each of the Borrower, Guarantor, and IDOT Guarantors for each taxable yearProperty, within thirty (30) days after filing but in any event not later than one hundred and twenty (120) days after the close each fiscal year end of each such taxable year or fiscal yearBorrower. In addition, as applicable and (ii) Borrower will furnish to Lender, with reasonable promptness, such interim financial statements of Borrower and the Property, together with such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall for Borrower and the Property must be in form and detail acceptable to Lender in all respectsand must be certified as to accuracy by Borrower. Borrower shall provide, upon Lender’s request, convenient facilities for the audit and verification of any such statement. All certifications and signatures on behalf of corporations, partnerships, limited liability companies and other entities shall be certified in writing as true and correct by a representative of the reporting party satisfactory to Lender. Borrower shall furnish or caused to be furnished to Lender, (a) not later than the earlier of (i) ten (10) days after the date Guarantor is required by the Borrower, SEC to deliver its Form 10-K for each fiscal year of Guarantor and (ii) one hundred twenty (120) days after the end of each fiscal year of Guarantor, a copy of Guarantor’s 10-K for such fiscal year and (b) not later than the IDOT Guarantorsearlier of (i) ten (10) days after the date Guarantor is required by the SEC to deliver its Form 10-Q for each fiscal quarter of Guarantor and (ii) fifty-five (55) days after the end of each fiscal quarter of Guarantor, as applicablea copy of Guarantor’s 10-Q for such fiscal quarter. Notwithstanding the foregoing or anything to the contrary contained hereinIn addition, Borrower may provide will furnish to Lender or cause to be furnished to Lender, with reasonable promptness, such information additional information, reports or statements with respect to Guarantor as required hereunder on a consolidated basis together with the information as required for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide Lender may from time to Lender and Lender shall be entitled to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this time request. XxxX/Xxxxxxxxx 00 Xxxx Loan Agreement, including without limitation the Debt Service Coverage Ratio.Agreement #438690v6
Appears in 1 contract
Samples: Term Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Books and Records; Financial Statements; Tax Returns. Borrower shall and shall cause Guarantor and each IDOT Guarantor to will keep and maintain full and accurate books and records administered in accordance with sound accounting principles, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. [OPTIONAL LENDER SUSTAINABILITY PROVISION: Borrower (a) shall will also keep and maintain full and accurate information necessary to obtain and maintain the Green Building Certification and to track energy usage within the Improvements.] Borrower will keep and maintain its books and records, including including, without limitation, recorded data of any kind and regardless of the medium of recording, at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor or at Developer's offices located at [address of Developer], or such other address as provided to keep and maintain its books and records, including recorded data of any kind and regardless of the medium of recording, Lender in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 00000writing from time to time. Borrower shall permit and (or shall cause Guarantor and each IDOT Guarantor to Developer to) permit Lender, or any Person authorized by LenderXxxxxx, to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times times, upon not less than two (2) Business Days’ notice (except in the case of an emergency), and as often as may be reasonably requested by LenderXxxxxx. Borrower will furnish or cause to be furnished to Lender (i) annual audited unaudited financial statements, including including, without limitation, balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the Borrower, Guarantor, each Guarantor and IDOT Guarantors for each taxable yearthe Property, within thirty ninety (3090) days after filing but in any event not later than one hundred and twenty (120) days after each fiscal year end for the close of each such taxable year respective reporting party. In addition, Borrower will furnish or fiscal yearcause to be furnished to Lender, as applicable and (ii) with reasonable promptness, such interim unaudited financial statements of Borrower, each Guarantor and the Property, together with such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably request. All financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, shall must be in form and detail reasonably acceptable to Lender and must be certified as to accuracy by Borrower or the respective Guarantor, as the case may be. All financial statements must be in all respectsform and detail reasonably acceptable to Lender must be certified as to accuracy by Borrower or the respective Guarantor, as the case may be. All annual financial statements of Xxxxxxxx and of Guarantor must be compiled (but do not have to be audited) by an independent certified public accountant reasonably satisfactory to Lender. Borrower shall provide, upon Xxxxxx's request, convenient facilities for the audit and verification of any such statement. All certifications and signatures on behalf of corporations, partnerships, limited liability companies and other entities shall be certified in writing as true and correct by the Borrower, Guarantor and each a representative of the IDOT Guarantors, as applicablereporting party reasonably satisfactory to Lender. Notwithstanding the foregoing or anything to the contrary contained herein, Borrower may provide to Lender such information as required hereunder on a consolidated basis together with the information as required All financial statements for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide to Lender and Lender individuals shall be entitled on Xxxxxx's then-current personal financial statement form or in another form reasonably satisfactory to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage RatioLender.
Appears in 1 contract
Samples: Construction Loan Agreement
Books and Records; Financial Statements; Tax Returns. The Borrower shall provide or cause to be provided to the Lender all of the Financial Statements and shall cause other information required to be delivered with respect to the Borrower and the Guarantor at the times and each IDOT Guarantor to in the manner set forth in the Deed of Trust and the other Loan Documents. The Borrower will keep and maintain full and accurate books and records administered in accordance with sound generally accepted accounting principles, consistently applied, which shall include showing in detail the earnings and expenses of the Property and the operation thereof. All Financial Statements shall be in form and detail reasonably satisfactory to the Lender and shall contain or be attached to the signed and dated written certification of the reporting party in form specified by the Lender to certify that the Financial Statements are furnished to the Lender in connection with the extension of credit by the Lender and constitute a true and correct statement of the reporting party's financial position. All certifications and signatures on behalf of corporations, partnerships, limited liability companies or other entities shall be by a representative of the reporting party satisfactory to the Lender. All Financial Statements for a reporting party who is an individual shall be on the Lender's then-current personal financial statement form or in another form satisfactory to the Lender. Following the date of this Agreement, all fiscal year-end Financial Statements of the Borrower (a) and the Guarantor shall keep be prepared by independent certified public accountants acceptable to the Lender, and maintain its books shall contain all reports and recordsdisclosures required by generally accepted accounting principles for a fair presentation. All quarterly Financial Statements of the Borrower and/or the Guarantor may be prepared by the applicable reporting party and shall include a minimum of a balance sheet and income statement. The Borrower shall provide, including recorded data upon the Lender's request, convenient facilities for the audit and verification of any kind and regardless of such statement. Additionally, the medium of recording, Borrower will provide the Lender at the address of Borrower set forth in Section 9.06 hereof and (b) shall cause Guarantor and each IDOT Guarantor to keep and maintain its books and records, including recorded data of any kind and regardless of Borrower's expense with all evidence that the medium of recording, in each case, at 4000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 00000. Borrower shall permit and shall cause Guarantor and each IDOT Guarantor to permit Lender, or any Person authorized by Lender, to inspect and examine such books and records (regardless of where maintained) and all supporting vouchers and data and to make copies and extracts therefrom at all reasonable times and as often as may be requested by Lender. Borrower will furnish or cause to be furnished to Lender (i) annual audited financial statements, including balance sheets and income statements, together with copies of filed federal and state income tax returns for each of the Borrower, Guarantor, and IDOT Guarantors for each taxable year, within thirty (30) days after filing but in any event not later than one hundred and twenty (120) days after the close of each such taxable year or fiscal year, as applicable and (ii) with reasonable promptness, such additional information, reports or statements in connection therewith, as Lender may from time to time reasonably requestrequest as to compliance with all provisions of the Loan Documents. All The Borrower shall promptly notify the Lender of any event or condition that could reasonably be expected to have a material adverse change in the financial statements submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principlescondition of the Borrower, consistently applied, shall be in form and detail acceptable to Lender in all respects, and shall be certified in writing as true and correct of the Guarantor (if known by the Borrower), Guarantor and each or in the construction progress of the IDOT Guarantors, as applicable. Notwithstanding the foregoing or anything to the contrary contained herein, Borrower may provide to Lender such information as required hereunder on a consolidated basis together with the information as required for each of the Guarantor and IDOT Guarantors provided that Borrower shall provide to Lender and Lender shall be entitled to receive such financial information as necessary for Lender to calculate covenants and/or ratios as required pursuant to this Loan Agreement, including without limitation the Debt Service Coverage RatioImprovements.
Appears in 1 contract