Common use of BUYER'S FINANCIAL STATEMENTS Clause in Contracts

BUYER'S FINANCIAL STATEMENTS. (a) If requested by Seller, promptly following such demand, Buyer shall provide Seller with copies of its most recent financial statements (i) within one 120 Days of its fiscal year end for each year during the Term, and (ii) within 60 Days after the end of each of Buyer’s first three fiscal quarters of each fiscal year. Buyer may deliver un-audited financials in satisfaction of this requirement, as long as audited financials are produced in the ordinary course and promptly delivered as soon as they are available. In addition, Xxxxx shall promptly provide to Seller, financial statements and other financial information reasonably requested by Seller for purposes of this Agreement and this Credit Annex. (b) If Buyer does not make available such information as required to be made available under this Section 6(a) within 10 Days after a request by Seller, Seller may send Notice demanding that such information be made available in accordance with this Section 6(a). If the requested information is not provided in accordance with this Agreement within 30 Days after receipt of such Notice, or if Buyer is not otherwise able to show that a Material Credit Event with respect to Buyer has not occurred, Seller will be entitled to assume that a Material Credit Event with respect to Buyer has occurred. (c) All such financial information made available under this Section, if not publicly available, will be treated as Confidential Information.

BUYER'S FINANCIAL STATEMENTS. (a1) If requested demanded by Seller, and such demand cannot be satisfied by a public source (such as SEC XXXXX website), promptly following such demand, Buyer shall provide Seller with copies of its most recent financial statements (i) within one 120 hundred thirty (130) Days of its fiscal year end for each year during the Term, and (ii) within 60 ninety (90) Days after the end of each of Buyer’s 's first three fiscal quarters of each fiscal year. Buyer may shall have the right to deliver un-audited unaudited financials in satisfaction of this requirement, as long as audited financials are produced in the ordinary course and promptly delivered as soon as they are available. In addition, Xxxxx Buyer shall promptly provide to Seller, Seller financial statements and other financial information reasonably requested by Seller for purposes of this Agreement and this Credit Annex. (b2) If Buyer does not make available such information as required to be made available under this Section 6(a) within 10 ten (10) Days after a request by Seller, Seller may shall have the right to send Notice a written notice demanding that such information be made available in accordance with this Section 6(a). If the requested information is not provided in accordance with this Agreement within 30 thirty (30) Days after receipt of such Noticewritten notice, or if Buyer is not otherwise able to show that a Material Credit Event with respect to Buyer has not occurred, Seller will shall be entitled to assume that a Material Credit Event with respect to Buyer has occurred. (c3) All such financial information made available under this SectionSection 6(a), if not publicly available, will shall be treated as Confidential InformationInformation subject to Article XVI of this Agreement.

BUYER'S FINANCIAL STATEMENTS. (a) If requested by Seller, promptly following such demand, Buyer shall provide Seller with copies of its most recent financial statements (i) within one 120 Days of its fiscal year end for each year during the Term, and (ii) within 60 Days after the end of each of Buyer’s first three fiscal quarters of each fiscal year. Buyer may deliver un-audited financials in satisfaction of this requirement, as long as audited financials are produced in the ordinary course and promptly delivered as soon as they are available. In addition, Xxxxx Buyer shall promptly provide to Seller, financial statements and other financial information reasonably requested by Seller for purposes of this Agreement and this Credit Annex. (b) If Buyer does not make available such information as required to be made available under this Section 6(a) within 10 Days after a request by Seller, Seller may send Notice demanding that such information be made available in accordance with this Section 6(a). If the requested information is not provided in accordance with this Agreement within 30 Days after receipt of such Notice, or if Buyer is not otherwise able to show that a Material Credit Event with respect to Buyer has not occurred, Seller will be entitled to assume that a Material Credit Event with respect to Buyer has occurred. (c) All such financial information made available under this Section, if not publicly available, will be treated as Confidential Information.

BUYER'S FINANCIAL STATEMENTS. (a) If requested by Seller, promptly following such demand, Buyer shall provide Seller with copies of its most recent financial statements (i) within one 120 Days of its fiscal year end for each year during the Term, and (ii) within 60 Days after the end of each of Buyer’s first three fiscal quarters of each fiscal year. Buyer may deliver un-audited un‐audited financials in satisfaction of this requirement, as long as audited financials are produced in the ordinary course and promptly delivered as soon as they are available. In addition, Xxxxx shall promptly provide to Seller, financial statements and other financial information reasonably requested by Seller for purposes of this Agreement and this Credit Annex. (b) If Buyer does not make available such information as required to be made available under this Section 6(a) within 10 Days after a request by Seller, Seller may send Notice demanding that such information be made available in accordance with this Section 6(a). If the requested information is not provided in accordance with this Agreement within 30 Days after receipt of such Notice, or if Buyer is not otherwise able to show that a Material Credit Event with respect to Buyer has not occurred, Seller will be entitled to assume that a Material Credit Event with respect to Buyer has occurred. (c) All such financial information made available under this Section, if not publicly available, will be treated as Confidential Information.