Common use of Failure to Timely Provide Financial Statements or Additional Reporting Clause in Contracts

Failure to Timely Provide Financial Statements or Additional Reporting. If Borrower fails to provide in a timely manner the statements, schedules and reports required by Sections 6.07(b), 6.07(c) and 6.07(f), Funding Lender will give Notice to Borrower specifying the statements, schedules and reports required by Sections 6.07(b), 6.07(c) and 6.07(f) that Borrower has failed to provide. If Borrower has not provided the required statements, schedules and reports within 10 Business Days following such Notice, then (i) Borrower will pay a late fee of $500 for each late statement, schedule or report, plus an additional $500 per month that any such statement, schedule or report continues to be late, and (ii) Funding Lender will have the right to have Borrower’s books and records audited, at Borrower’s expense, by independent certified public accountants selected by Funding Lender in order to obtain such statements, schedules and reports, and all related costs and expenses of Funding Lender will become immediately due and payable and will become an additional part of the Indebtedness as provided in Section 9.02.

Appears in 5 contracts

Samples: Continuing Covenant Agreement, Continuing Covenant Agreement, Continuing Covenant Agreement

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Failure to Timely Provide Financial Statements or Additional Reporting. If Borrower fails to provide in a timely manner the statements, schedules and reports required by Sections 6.07(b), 6.07(c) and 6.07(f), Funding Lender will give Notice to Borrower specifying the statements, schedules and reports required by Sections 6.07(b), 6.07(c) and 6.07(f) that Borrower has failed to provide. If Borrower has not provided the required statements, schedules and reports within 10 Business Days following such Notice, then (i) Borrower will pay a late fee of $500 for each late statement, schedule or report, plus an additional $500 per month that any such statement, schedule or report continues to be late, and (ii) Funding Lender will have the right to have Borrower’s books and records audited, at Borrower’s expense, by independent certified public accountants selected by Funding Lender Xxxxxx in order to obtain such statements, schedules and reports, and all related costs and expenses of Funding Lender will become immediately due and payable and will become an additional part of the Indebtedness as provided in Section 9.02.

Appears in 2 contracts

Samples: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement

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