Financial and Operating Statements. All financial and operating statements submitted to Beneficiary in connection with this loan secured hereby are true and correct in all respects, have been prepared in accordance with generally accepted accounting principles (applied, in the case of any unaudited statement, on a basis consistent with that of the preceding fiscal year) and fairly present the respective financial conditions of the subjects thereof and the results of their operations as of the respective dates shown thereon. No materially adverse changes have occurred in the financial conditions and operations reflected therein since their respective dates, and no additional borrowings have been made since the date thereof other than the borrowing made under this Deed of Trust and any other borrowing approved in writing by Beneficiary.
Financial and Operating Statements. Mortgagor shall provide all Financial Statements and operating statements as required in the Credit Agreement.
Financial and Operating Statements. (i) The statements of operations of the Owned Properties for the calendar year ended December 31, 2017, copies of which have been made available to Buyer, have been prepared in accordance with GAAP and fairly presents in all material respects the results of operations of the Owned Properties for such period.
(ii) Each of the financial statements delivered to Seller for the the Wholly Owned Entities, and, to Seller’s Knowledge, the Joint Venture Entities, and the Subsidiaries: (A) has been prepared in accordance with past practices, (B) fairly presents in all material respects the financial position of each Joint Venture Entity, Wholly Owned Entity and Subsidiary as of the date thereof; and (C) except as otherwise noted, do not fail to disclose any material liabilities of the Joint Venture Entities, the Wholly Owned Entities and the Subsidiaries as of the date of such statements.
(iii) The Net Cash Flow Forecast has been prepared by Seller in good faith and represents Sellers’ good faith estimate of the future operations at the Properties, but the same is only a forecast and under no circumstances shall the same be construed as a guarantee of future expenses, income or profits.
Financial and Operating Statements. The Managing Member shall, at the expense of the Company, have financial statements of the Company for each Fiscal Year audited by an accounting firm which shall initially be Ernst & Young, but which may be replaced with a different nationally recognized accounting firm Approved by all of the Members. The Managing Member shall have prepared and delivered to the Investor Member the annual audited financial statements and tax returns in accordance with Schedule 4 attached hereto. Also, the Managing Member shall have prepared and delivered to the Investor Member in accordance with Schedule 4 an unaudited operating statement, which shall be prepared in accordance with the accrual method of accounting, and which shall include, without limitation, full trial balances and a comparison to the applicable Operating Budget of the cash flow, income and expenses of the Company through the end of each fiscal quarter, together with a written narrative explaining all material variances.
Financial and Operating Statements. Seller has furnished Buyer with true, correct and complete copies of the unaudited annual financial statements for the Properties for the years ended December 31, 2013 and December 31, 2012.
Financial and Operating Statements. Trustor shall provide all Financial Statements and operating statements as required in the Credit Agreement.
Financial and Operating Statements. The Mortgagor shall keep and maintain, at all times, full, true, and accurate books of accounts, in sufficient detail to show the names of the tenants, if any, occupying the Mortgaged Premises, the rent paid by each such tenant and security deposits, if any, copies of all leases, if any, and such other books and records showing in detail the earnings and expenses of the Mortgaged Premises, all of which should adequately reflect the results of the operation of the Mortgaged Premises. All such records relating thereto shall be open to inspection and copying by the Mortgagee or its representatives at any time and from time to time upon request by the Mortgagee, at the Mortgaged Premises or at such other place in the city and county in which the Mortgaged Premises are located. Throughout the term of this Mortgage, the Mortgagor shall deliver to the Mortgagee such other information with respect to the Mortgagor or the Mortgaged Premises as the Mortgagee may reasonably request from time to time. In the event the Mortgagor fails to furnish any such reports and statements within thirty (30) days of Mortgagee’s request, the Mortgagee may cause an audit to be made of the respective books and records at the sole cost and expense of the Mortgagor.
Financial and Operating Statements. Attached hereto as Appendix I is a true and complete copy of the consolidated financial statements of the Company and the Company Subsidiaries for the year ended December 31, 2002 (collectively, the "2002 Company Financial Statements"). The 2002 Company Financial Statements include a consolidated balance sheet of the Company and the Company Subsidiaries as of December 31, 2002 (such balance sheet being termed herein the "2002 Company Balance Sheet"). The 2002 Company Financial Statements are accurate and correct in all material respects and fairly present the financial position and the results of operations of the Company and the Company Subsidiaries for the periods therein identified in conformity with generally accepted accounting principles ("GAAP") consistently applied.
Financial and Operating Statements. Attached hereto as Appendix II is a true and complete copy of the consolidated financial statements of the Parent and the Parent Subsidiaries for the fiscal quarter ended December 31, 2002 (collectively, the "2002 Parent Financial Statements"). The 2002 Parent Financial Statements include a balance sheet of the Parent and the Parent Subsidiaries as of December 31, 2002 (such balance sheet being termed herein the "2002 Parent Balance Sheet"). The 2002 Parent Financial Statements are accurate and correct in all material respects and fairly present the financial position and the results of operations of the Parent for the periods therein identified in conformity with generally accepted accounting principles ("GAAP") consistently applied.
Financial and Operating Statements. Commencing in the Accounting Period following the Effective Date and continuing thereafter as to each Accounting Period of the Operating Term, Manager shall cause Community Employees to prepare and deliver to Owner (i) the financial statements required pursuant to Schedule J hereto, (ii) any financial reports required by governmental agencies in connection with any license at the Community and (iii) any financial reports required to be delivered to a Lender.
