Common use of Estoppel Certificates and Financial Statements Clause in Contracts

Estoppel Certificates and Financial Statements. Tenant shall, from ---------------------------------------------- time to time, but no more than once per year, upon the written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) calendar days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current financial statements (including a statement of operations and balance sheet) certified as accurate, complete and prepared in conformance with generally accepted accounting principles by the president, managing partner or other appropriate officer for Tenant and any entity constituting an assignee of Tenant under this Lease pursuant to Section 4.17.8.

Estoppel Certificates and Financial Statements. Tenant shall, from ---------------------------------------------- time to time, but no more than once per year, upon the with in ten (10 Business Days of any written request of by Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, event omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by LandlordLandlord (or, if so, a description thereof); (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) whether all required contributions by Landlord to Tenant on account of Tenant Improvements improvements have been received; (5) on the date of execution, ; there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the LandlordLandlord (or, if so, specifying such defenses or offsets); (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then then-current month; Lease have been paid in advance except for Base Rent and Additional Rent for the then-current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's ’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord's ’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. Landlord shall not request such statements more than once in any twelve (12) month period, unless an Event of Default exists or such request is made in connection with a sale, financing or refinancing contemplated by Landlord. If Tenant fails to respond within said ten (10) calendar days of Business Day period after its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then than current financial statements (including a statement of operations and balance sheetsheet and statement of cash flows) certified as accurate, complete accurate by a certified public accountant and prepared in conformance with generally accepted accounting principles by the presidentfor (i) Tenant, managing partner or other appropriate officer for Tenant and (ii) any entity constituting which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant, (iv) any successor entity to Tenant by merger or operation of law, and (v) any guarantor of this Lease. Landlord shall not request such financial statements more than once in any twelve month period, unless an assignee Event of Tenant under this Lease pursuant to Section 4.17.8Default exists or such request is made in connection with any sale, financing or refinancing contemplated by Landlord.

Estoppel Certificates and Financial Statements. Tenant shall, from ---------------------------------------------- time to time, but no more than once per year, upon the written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to Tenant’s knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's ’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord's ’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) calendar days Business Days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon the written request of LandlordLandlord in the event of the sale or refinancing of the Building or in case of an Event of Default, deliver to or cause to be delivered to Landlord or its designee then current Tenant’s most recent audited financial statements (including a statement of operations and balance sheetsheet and statement of cash flows) certified as accurate, complete accurate by a certified public accountant and prepared in conformance with generally accepted accounting principles principles. All such non-public information provided to Landlord by Tenant pursuant to the president, managing partner preceding sentence or other appropriate officer for Tenant and any entity constituting an assignee of Tenant under this Lease pursuant shall be considered confidential, and Landlord shall not disclose such information to Section 4.17.8any party other than Landlord’s employees, agents, affiliates, lenders, prospective lenders, purchasers and prospective purchasers who have a legitimate need to know such information, without the prior written consent of Tenant, and except as may be required by law.

Estoppel Certificates and Financial Statements. Tenant shall, from ---------------------------------------------- time to time, but no more than once per year, upon the written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to Tenant’s actual knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord); (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, to Tenant’s actual knowledge, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's ’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord's ’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) calendar days Business Days of its receipt of a written request by Landlord as provided in this paragraphSection 4.18, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, to the extent Tenant is not publicly traded, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current financial statements (including a statement of operations and balance sheetsheet and statement of cash flows) as are prepared in the ordinary course of business certified as accurate, complete accurate by a certified public accountant and prepared in conformance with generally accepted accounting principles by the presidentfor (i) Tenant, managing partner or other appropriate officer for Tenant and (ii) any entity constituting an assignee which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant, (iv) any successor entity to Tenant under by merger or operation of law, and (v) any guarantor of this Lease pursuant Lease. Any such financial statements that are not publicly available and are furnished to Section 4.17.8Landlord hereunder may be designated by Tenant as “confidential”, in which case Landlord shall execute a commercially reasonable non-disclosure agreement with respect to the same.

Estoppel Certificates and Financial Statements. Tenant shallAt all times during the ---------------------------------------------- Lease Term, from ---------------------------------------------- time each party agrees, following any request by the other party, promptly to time, but no more than once per year, upon the written request of Landlord, execute, acknowledge execute and deliver to Landlord or its designee a written statement stating: the requesting party an estoppel certificate (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (di) certifying that (1) Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease Lease, as so modified, is in full force and effect and has not been assignedeffect, modified, supplemented or amended in any way (or specifying ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of the agreement so affecting this Lease); (2) Landlord is not in breach of this Lease (any party hereunder or, if sothere are uncured defaults, a description of each such breach) and that no event, omission or condition has occurred which would result, with specifying the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount nature of such security); (8) it is intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; defaults, and (9iv) certifying such other information about the Lease as may be reasonably requested required by Landlordthe requesting party. If Tenant fails A failure to respond deliver an estoppel certificate within ten (10) calendar days of its receipt after delivery of a written request by Landlord as provided in this paragraph, such therefor shall be a breach conclusive admission that, as of the date of the request for such statement, (a) this Lease is unmodified except as may be represented by the requesting party in said request and Tenant shall be deemed to have admitted is in full force and effect, (b) there are no uncured defaults in the accuracy of requesting party's performance, and (c) no rent has been paid in advance for more than thirty (30) days. At any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, time during the Lease Term Tenant shall, upon ten (10) days prior written notice from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current provide Tenant's most recent financial statement and financial statements covering the twenty-four (including a 24) month period prior to the date of such most recent financial statement to Landlord, any existing Lender or to any potential Lender or buyer of operations and balance sheet) certified as accurate, complete and the Premises. Such statements shall be prepared in conformance accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by the president, managing partner or other appropriate officer for an independent certified public accountant. Failure to deliver such statements within ten (10) days after receipt of written notice from Landlord of delinquency in delivery of such statement shall be an Event of Tenants Default under Paragraph 15. Landlord shall use reasonable efforts to keep confidential all financial statements delivered to it by Tenant and any entity constituting an assignee of Tenant under this Lease pursuant to Section 4.17.8this paragraph and shall cause any potential Lender or buyer of the Premises to whom such statements are delivered also to agree to use reasonable efforts to keep such statements confidential.

Estoppel Certificates and Financial Statements. 4.18.1 Tenant shall, from ---------------------------------------------- time to time, but no more than once per year, upon the written request of Landlord, execute, acknowledge (to the extent Tenant believes accurate) and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to Tenant’s then current knowledge Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which is known to Tenant that would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's ’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord's ’s interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten five (105) calendar days Business Days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. . 4.18.2 In addition, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current financial statements (including a statement of operations and balance sheetsheet and statement of cash flows) certified (to the extent they have previously been so certified) as accurate, complete accurate by a certified public accountant or by an officer of Tenant and prepared in conformance with generally accepted accounting principles by for Tenant; provided, however, if Tenant’s shares are publicly traded, Tenant shall only be obligated to provide copies of such financial reports as have been filed with the president, managing partner or other appropriate officer for Tenant SEC and any entity constituting an assignee of Tenant under this Lease pursuant to Section 4.17.8are otherwise then publicly available.

Estoppel Certificates and Financial Statements. Tenant shall, from ---------------------------------------------- time to ---------------------------------------------- time, but no more than once per year, upon the written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to Tenant's knowledge, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received (or, if not, specifying any that have not been received); (5) on the date of execution, to Tenant's knowledge, there exist no defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current monthmonth and Prepaid Rent; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; and (9) the representations in the paragraph captioned "ERISA Representations" remain true and correct; and (10) such other --------------------- information as may be reasonably requested by Landlord. If Tenant fails to respond within ten fifteen (1015) calendar days Business Days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current copies of the most recent publicly available financial statements (including a statement of operations and balance sheet) certified as accurate, complete and prepared in conformance with generally accepted accounting principles by the president, managing partner or other appropriate officer for Tenant and any entity constituting an assignee of Tenant under this Lease pursuant to Section 4.17.8Tenant.

Estoppel Certificates and Financial Statements. Tenant shall, from ---------------------------------------------- time to time, but no more than once per year, upon the written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement stating: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (d) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date of the agreement so affecting this Lease); (2) to the knowledge of Tenant, Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease (as it may have been assigned, modified, supplemented or amended as disclosed pursuant to subsection (d)(l) hereof) represents the entire agreement between the parties with respect to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses or offsets which the Tenant has knowledge against the enforcement of this Lease by the LandlordLandlord (or, if any, a description of any such offset or defense); (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of such security); (8) it is intended that any Tenant's ’s statement may be relied upon by a prospective purchaser or mortgagee of Landlord's ’s interest or an assignee of any such mortgagee; (9) the representations in the paragraph captioned “ERISA Representations” remain true and correct; and (910) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten fifteen (1015) calendar days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current financial statements (including a statement of operations and balance sheet) certified as accurate, complete and prepared in conformance with generally accepted accounting principles by the president, managing partner or other appropriate officer for Tenant and (i) Tenant, (ii) any entity constituting an assignee which owns a controlling interest in Tenant, (iii) any entity the controlling interest of which is owned by Tenant, (iv) any successor entity to Tenant under by merger or operation of law, and (v) any guarantor of this Lease pursuant to Section 4.17.8Lease.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant shallagrees, from ---------------------------------------------- time to time, but no more than once per year, upon the written following any request of by Landlord, execute, acknowledge promptly to execute and deliver to Landlord or its designee a written statement statingwithin 10 business days following delivery of such request an estoppel certificate: (a) the date this Lease was executed and the date it expires; (b) the date Tenant entered into occupancy of the Premises; (c) the amount of monthly Base Rent and Additional Rent and the date to which such Base Rent and Additional Rent have been paid; and (di) certifying that (1) this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect effect, (ii) stating the date to which the rent and has not been assignedother charges are paid in advance, modifiedif any, supplemented or amended in (iii) acknowledging that there are not, to Xxxxxx’s knowledge, any way uncured defaults on the part of any #201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences 000 Xxxxxxxxx Xxxxx...docx ACTIVE\201239119.12 #201239119v12<ACTIVE> - DW Life Sciences DIVCO IDEAYA Biosciences 000 Xxxxxxxxx Xxxxx...docx ACTIVE\201239119.12 party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (or specifying iv) certifying such other information about the Lease as may be reasonably required by Landlord. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the agreement so affecting this Lease); request for such statement: (2i) Landlord is not in breach of this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (orii) there are no uncured defaults in Landlord’s performance, if so, a description and (iii) no rent has been paid more than 30 days in advance. Tenant shall not be in default of each such breach) the Lease for failing to execute and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, deliver an estoppel certificate to Landlord in a breach of this Lease by Landlord; timely manner unless Landlord shall have given Tenant a second notice and three (3) this business days in which to cure the failure. At any time during the Lease represents Term Tenant shall, upon 15 days’ prior written notice from Landlord, provide Xxxxxx’s most recent financial statement and financial statements covering the entire agreement between the parties with respect 24 month period prior to the Premises; (4) all required contributions by Landlord to Tenant on account of Tenant Improvements have been received; (5) on the date of execution, there exist no defenses such most recent financial statement to any existing Lender or offsets which to any potential Lender or buyer of the Tenant has against the enforcement of this Lease by the Landlord; (6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid Premises. Such statements shall be prepared in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited accordance with Landlord (oraccounting principles consistently applied and, if sosuch is the normal practice of Tenant, shall be audited by an independent certified public accountant. Notwithstanding the foregoing, the amount requirement of such security); (8) it is intended that any Tenant's statement may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any such mortgagee; and (9) such other information as may be reasonably requested by Landlord. If Tenant fails to respond within ten (10) calendar days of its receipt of a written request by Landlord as provided in this paragraph, such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser, mortgagee or assignee. In addition, Tenant shall, from time to time, upon the written request of Landlord, deliver to or cause to be delivered to Landlord or its designee then current provide financial statements (including a statement of operations and balance sheet) certified as accurate, complete and prepared in conformance with generally accepted accounting principles by shall not apply if the president, managing partner or other appropriate officer for Tenant and any entity constituting an assignee of Tenant under this Lease pursuant to Section 4.17.8same are publicly available.