Common use of Financial and Other Data Clause in Contracts

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, such Guarantor or other entity they purport to cover. Credit and other information regarding Borrower, any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s 's request, within 45 days of the end of each quarter of Borrower’s 's and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, such Guarantor or other entity they purport to cover. Credit and other information regarding Borrower, any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Equipment Note Lease Term, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide LenderLessor, within 120 days after the close of each fiscal year, and, upon LenderLessor’s request, within 45 days of the end of each quarter of BorrowerLessee’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower Lessee and each Guarantor requested by LenderLessor, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower Lessee or Guarantor, as applicable; provided, however, that for so long as Borrower Lessee or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender Lessor all other financial information and reports and such other information as Lender Lessor may reasonably request concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower Lessee represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Lessee or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of BorrowerLessee, such Guarantor or other entity they purport to cover. Credit and other information regarding BorrowerLessee, any Guarantor or their Affiliates, any Equipment Note Lease or Equipment may be disclosed by Lender Lessor to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During the term of any Equipment Note TermLease, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“"GAAP”") and prudent business practice; , (ii) promptly provide Lender, within and in no event later than 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days year end furnish Lessor annual audited financial statements of the end Lessee and of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case consistently applied, together with an unqualified opinion of annual statements) audited by an independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantorauditor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) at Lessor's request, furnish Lender Lessor all other financial information and reports reasonably requested by Lessor at any time, including quarterly or other interim financial statements of Lessee and of any Guarantor. Lessee shall furnish such other information as Lender Lessor may reasonably request at any time concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment any Unit. Lessee shall promptly notify Lessor of any Event of Default or its conditionevent or circumstance which, locationwith notice, use lapse of time or operationboth, would be an Event of Default. (b) Borrower Lessee represents and warrants that all information furnished and financial statements at any time to be furnished by or on behalf of Borrower Lessee or any Guarantor are accurate to Lessor is accurate, and that all financial statements Lessee or any Guarantor has furnished and hereafter may furnish to Lessor reasonably reflect and will reflect, as of their respective dates, results of the operations and the financial condition of BorrowerLessee, such Guarantor or any other entity they purport to cover. . (c) Credit and other information regarding BorrowerLessee, any Guarantor or their Affiliates, any Equipment Note or Equipment affiliates may be disclosed shared by Lender to Lessor with its Affiliates, agents affiliates and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosureagents.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall shall: (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s Xxxxxx's request, within 45 days of the end of each quarter of Borrower’s 's and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by LenderXxxxxx, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor Borrower’s parent company, AMCON Distributing Company (“Parent”), is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, Borrower shall only be required to provide ) monthly internal financial statements for LOL Foods, Inc., and then internally prepared annual consolidating financial statements for AMCON Distributing Company which will agree to the filing of such reports shall satisfy consolidated audited financial statements for AMCON Distributing Company as included in the foregoing financial statement reporting requirements for such entity10-K; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, such Guarantor or other entity they purport to cover. Credit and other information regarding Borrower, any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.. ​ ​

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) company prepared and certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, such Guarantor or other entity they purport to cover. Credit and other information regarding Borrower, any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s, Xxxxx Construction Group, LLC’s (“Xxxxx”) and any Guarantor’s fiscal year, a copy of financial statements for Borrower Borrower, Xxxxx, and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower Borrower, Xxxxx, or Guarantor, as applicable; provided, however, that for so long as Borrower Borrower, Xxxxx or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, Xxxxx, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Borrower, Xxxxx, or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, Xxxxx, such Guarantor or other entity they purport to cover. Credit and other information regarding Borrower, Xxxxx, any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During the term of any Equipment Note TermLease, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“"GAAP”") and prudent business practice; , (ii) promptly provide Lender, within and in no event later than 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days year end furnish Lessor annual audited financial statements of the end Lessee and of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case consistently applied, together with an unqualified opinion of annual statements) audited by an independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantorauditor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) at Lessor's request, furnish Lender Lessor all other financial information and reports reasonably requested by Lessor at any time, including quarterly or other interim financial statements of Lessee and of any Guarantor. Lessee shall furnish such other information as Lender Lessor may reasonably request at any time concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment any Unit. Lessee shall promptly notify Lessor of any Event of Default or its conditionevent or circumstance which, locationwith notice, use lapse of time or operationboth, would be an Event of Default. (b) Borrower Lessee represents and warrants that all information furnished and financial statements at any time to be furnished by or on behalf of Borrower Lessee or any Guarantor are accurate to Lessor is accurate, and that all financial statements Lessee or any Guarantor has furnished and hereafter may furnish to Lessor reasonably reflect and will reflect, as of their respective dates, results of the operations and the financial condition of BorrowerLessee, such Guarantor or other entity they purport to cover. . (c) Credit and other information regarding BorrowerLessee, any Guarantor or their Affiliates, any Equipment Note or Equipment affiliates may be disclosed shared by Lender to Lessor with its Affiliates, agents affiliates and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosureagents.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower or any Guarantor are accurate in all material respects and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, such Guarantor or other entity they purport to cover. Credit and other information regarding Borrower, any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s, Arb, Inc.’s (“ARB”), and any Guarantor’s fiscal year, a copy of financial statements for Borrower Borrower, ARB, and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) company prepared and certified by the chief financial officer of Borrower Borrower, ARB, or Guarantor, as applicable; provided, however, that for so long as Borrower Borrower, ARB, or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower,, ARB, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Borrower, ARB, or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, ARB, such Guarantor or other entity they purport to cover. Credit and other information regarding Borrower, ARB, any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Equipment Note Lease Term, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide LenderLessor, within 120 days after the close of each fiscal year, and, upon Lender’s Lessor's request, within 45 days of the end of each quarter of Borrower’s Lessee's and any Guarantor’s fiscal year, a copy of financial statements for Borrower Lessee and each Guarantor requested by LenderLessor, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower Lessee or Guarantor, as applicable; provided, however, that for so long as Borrower Lessee or any such Guarantor is (y) provides financial reports to BANA as and when required by the Bank Facility between Lessee and BANA or (z) legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-10- Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender Lessor all other financial information and reports and such other information as Lender Lessor may reasonably request concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation.. Master Lease Agreement (b) Borrower Lessee represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Lessee or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of BorrowerLessee, such Guarantor or other entity they purport to cover. Credit and other information regarding BorrowerLessee, any Guarantor or their Affiliates, any Equipment Note Lease or Equipment may be disclosed by Lender Lessor to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Equipment Note Lease Term, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide LenderLessor, within 120 days after the close of each fiscal year, and, upon Lender’s Lessor's request, within 45 days of the end of each the first three fiscal quarter of Borrower’s and any GuarantorXxxxxxx Waste Systems, Inc.’s fiscal year, a copy of financial statements for Borrower and each Guarantor Xxxxxxx Waste Systems, Inc. requested by LenderLessor, in each case prepared in accordance with GAAP (in the case of quarterly financial statements, except for the absence of footnotes and subject to year-end adjustments), and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or GuarantorXxxxxxx Waste Systems, as applicableInc.; provided, however, that for so long as Borrower or any such Guarantor Xxxxxxx Waste Systems, Inc. is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender Lessor all other financial information and reports and such other information as Lender Lessor may reasonably request concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower Lessee represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Lessee or any Guarantor are accurate and reasonably reflect fairly present in all material respects as of their respective dates, results of operations and the financial condition of BorrowerLessee, such Guarantor or other entity they purport to cover. Credit Subject to Section 14(c) and applicable law, credit and other information regarding BorrowerLessee, any Guarantor or their Affiliates, any Equipment Note Lease or Equipment may be disclosed by Lender Lessor to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure. (c) Lessor agrees to maintain the confidentiality of all Information (as defined below), except that Information may be disclosed: (i) to its and its Affiliates’ directors, officers, employees and agents, including accountants, legal counsel and other advisors (it being understood and agreed that such disclosures shall be limited those who reasonably need to know the information for the purposes of administering and enforcing Lessor’s rights with respect to this Agreement, any Lease or Related Agreement and that the persons or entities to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential); (ii) to the extent requested by any regulatory authority; (iii) to the extent required by any requirement of law, regulation, order, or directive of any governmental entity, or by any subpoena or similar legal process; (iv) to any other party to this Agreement; (v) in connection with the exercise of any remedies hereunder or under this Agreement, any Lease or Related Agreement or any suit, action or proceeding relating to this Agreement, any Lease or Related Agreement or the enforcement of rights hereunder or thereunder; (vi) subject to an agreement containing provisions substantially the same as those of this subsection, to any assignee of, or any prospective assignee of, any of its rights or obligations under this Agreement, any Lease or Related Agreement; (vii) on a confidential basis, to any rating agency in connection with rating Lessee or its Affiliates; (viii) with the written consent of Lessee, any Guarantor, or to the extent such Information (x) becomes publicly available other than as a result of a breach of this subsection or (y) becomes available to Lessor on a non-confidential basis from a source other than Lessee or any Guarantor. For the purposes of this Section, “Information” means all information received from Lessee, any Guarantor or any of their Affiliates relating to Lessee, any Guarantor or any of their Affiliates or its or their respective business, other than any such information that is available to Lessor on a non-confidential basis prior to disclosure by the disclosing party; provided, that, in the case of information received from Lessee, any Guarantor or any of their Affiliates after the date hereof (a) all financial statements and other financial information shall be considered confidential and (b) any other information that is clearly identified at the time of delivery as confidential shall be Master Lease Agreement considered confidential. Any person or entity required to maintain the confidentiality of Information as provided in this subsection shall be considered to have complied with its obligation to do so if such person or entity has exercised the same degree of care to maintain the confidentiality of such Information as such person or entity would accord to its own confidential information.

Financial and Other Data. (a) During any Equipment Note Lease Term, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide LenderLessor, within 120 days after the close of each fiscal year, and, upon Lender’s Lessor's request, within 45 days of the end of each quarter of Borrower’s Lessee's and any Guarantor’s fiscal year, a copy of financial statements for Borrower Lessee and each Guarantor requested by LenderLessor, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower Lessee or Guarantor, as applicable; provided, however, that for so long as Borrower Lessee or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender Lessor all other financial information and reports and such other information as Lender Lessor may reasonably request concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower Lessee represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Lessee or any Guarantor are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of BorrowerLessee, such Guarantor or other entity they purport to cover. Credit and other information regarding BorrowerLessee, any Guarantor or their Affiliates, any Equipment Note Lease or Equipment may be disclosed by Lender Lessor to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During the term of any Equipment Note TermLease or until such time as such information becomes publicly available pursuant to Lessee’s filings with the Securities and Exchange Commission, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; , (ii) as promptly provide Lender, within as reasonably practicable and in no event later than 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days year end furnish Lessor annual audited financial statements of the end Lessee and of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case consistently applied, together with an unqualified opinion of annual statements) audited by an independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantorauditor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) at Lessor’s request, furnish Lender Lessor all other financial information and reports reasonably requested by Lessor at any time, including quarterly or other interim financial statements of Lessee and of any Guarantor. Lessee shall furnish within a reasonable period of time such other information (subject to confidentiality obligations) as Lender Lessor may reasonably request at any time concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment any Unit. Lessee shall promptly notify Lessor of any Event of Default or its conditionevent or circumstance which, locationwith notice, use lapse of time or operationboth, would be an Event of Default. (b) Borrower Lessee represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Lessee or any Guarantor are to Lessor is accurate in all material respects, and that all financial statements Lessee or any Guarantor has furnished and hereafter may furnish to Lessor reasonably reflect and will reflect, as of their respective dates, results of the operations and the financial condition of BorrowerLessee, such Guarantor or any other entity they purport to cover. . (c) Credit and other information regarding BorrowerLessee, any Guarantor or their Affiliates, any Equipment Note or Equipment affiliates may be disclosed shared by Lender to Lessor with its Affiliates, agents affiliates and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosureagents.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s, ARB, Inc.’s (“ARB”), any Guarantor’s and any Guarantor’s of their Affiliates’ fiscal year, a copy of financial statements for Borrower Borrower, ARB, each Guarantor and each Guarantor of their Affiliates requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) company prepared and certified by the chief financial officer of Borrower Borrower, ARB, Guarantor or Guarantorany of their Affiliates, as applicable; provided, however, that for so long as Borrower Borrower, ARB, any such Guarantor, or any such Guarantor of their Affiliates is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, ARB, any Guarantor Guarantor, any of their Affiliates and their respective affairs, or the Equipment or its condition, location, use or operation. (b) Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Borrower Borrower, ARB, any Guarantor, or any Guarantor of their Affiliates are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of Borrower, ARB, such Guarantor Guarantor, any of their Affiliates or other entity they purport to cover. Credit and other information regarding Borrower, ARB any Guarantor or their Affiliates, any Equipment Note or Equipment may be disclosed by Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.”