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 Xxxxxx'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 Xxxxxx, 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’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 consolidated audited financial statements for AMCON Distributing Company as included in the 10-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.

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 Xxxxxx's Lender’s request, within 45 days of the end of each quarter of Borrower's ’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 XxxxxxLender, 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’s parent company, AMCON Distributing Company (“Parent”), 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, Borrower the filing of such reports shall only be required to provide ) monthly internal satisfy the foregoing financial statements statement reporting requirements for LOL Foods, Inc., and then internally prepared annual consolidating financial statements for AMCON Distributing Company which will agree to the consolidated audited financial statements for AMCON Distributing Company as included in the 10-Ksuch 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.

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 Xxxxxx's Lender’s request, within 45 days of the end of each quarter of Borrower's ’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 XxxxxxLender, 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’s parent company, AMCON Distributing Company (“Parent”)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, Borrower the filing of such reports shall only be required to provide ) monthly internal satisfy the foregoing financial statements statement reporting requirements for LOL Foods, Inc., and then internally prepared annual consolidating financial statements for AMCON Distributing Company which will agree to the consolidated audited financial statements for AMCON Distributing Company as included in the 10-Ksuch 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.

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 Xxxxxx's Lender’s request, within 45 days of the end of each quarter of Borrower's and ’s, ARB, Inc.’s (“ARB”), any Guarantor’s and any of their Affiliates’ fiscal year, a copy of financial statements for Borrower Borrower, ARB, each Guarantor and each Guarantor of their Affiliates requested by XxxxxxLender, 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’s parent company, AMCON Distributing Company (“Parent”)ARB, any such Guarantor, or any 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, Borrower the filing of such reports shall only be required to provide ) monthly internal satisfy the foregoing financial statements statement reporting requirements for LOL Foods, Inc., and then internally prepared annual consolidating financial statements for AMCON Distributing Company which will agree to the consolidated audited financial statements for AMCON Distributing Company as included in the 10-Ksuch 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.