Common use of Financial and Other Statements Clause in Contracts

Financial and Other Statements. Supplementing the provisions of Section 3.1, during the term of this Agreement the FW Entities shall provide to the USRP Entities or their representatives the following documents and information: (a) As soon as reasonably available after filing with the SEC, the FW Entities shall deliver to the USRP Entities or their representatives the Company's Quarterly Report on Form 10-Q as filed under the Exchange Act for each fiscal quarter ending after the date of this Agreement. As soon as reasonably available after filing with the SEC, the FW Entities shall deliver to the USRP Entities or their representatives the Company's Annual Report on Form 10-K, as filed under the Exchange Act for each fiscal year ending after the date of this Agreement. The FW Entities shall also deliver to the USRP Entities or their representatives, promptly after its being filed with the SEC, a copy of each Current Report on Form 8-K and a copy of each other report, statement or schedule filed with the SEC by or with respect to the Company or any Company Subsidiary. (b) Promptly upon receipt thereof, the FW Entities shall furnish to the USRP Entities or their representatives copies of all internal control reports submitted to any FW Entity by independent accountants in connection with each annual, interim or special audit of the books of any FW Entity made by such accountants. (c) As soon as practicable, the FW Entities shall furnish to the USRP Entities or their representatives copies of all such financial statements, reports or other communications as the Company or any Company Subsidiary shall send to its stockholders, partners, members, the SEC or any other regulatory authority, except to the extent any such reports furnished to any such regulatory authority are confidential and except as legally prohibited thereby.

Financial and Other Statements. Supplementing the provisions of Notwithstanding anything contained in Section 3.14.2, during the term of this Agreement Agreement, the FW Entities Company shall also provide to the USRP Entities or their representatives Parent the following documents and information: (a) As soon as reasonably available available, but in no event later than 15 days after filing with the SEC, the FW Entities shall deliver to the USRP Entities or their representatives the Company's Quarterly Report on Form 10-Q as filed under the Exchange Act for end of each fiscal quarter month ending after the date of this Agreement. As soon as reasonably available after filing with the SEC, the FW Entities shall Company will deliver to Parent, with respect to the USRP Entities or their representatives Company and the Company's Annual Report Company Subsidiaries on Form 10-Ka consolidated basis, a balance sheet as filed under of the Exchange Act end of such month, an income statement for each fiscal year ending after the date such month, a statement of this Agreementcash flows for such month and a management performance review report for such month, which monthly reports shall be in reasonable detail. The FW Entities shall Company will also deliver to the USRP Entities or their representativesParent, promptly after contemporaneously with its being filed with the SEC, a copy of each Current Report on Form 8-K K, Quarterly Report on Form 10-Q and a copy of each other report, statement or schedule filed with the SEC by or with respect to the Company or any Company Subsidiary.Annual Report on Form 10-K. (b) Promptly upon receipt thereof, the FW Entities shall Company will furnish to the USRP Entities or their representatives Parent copies of all internal control reports submitted to the Company or any FW Entity Company Subsidiary by independent accountants in connection with each annual, interim or special audit of the books of the Company or any FW Entity such Company Subsidiary made by such accountants. (c) As soon as practicable, the FW Entities shall Company will furnish to the USRP Entities or their representatives Parent copies of all such financial statements, statements and reports or other communications as the Company it or any Company Subsidiary shall send to its stockholders, partners, membersshareholders, the SEC or any other regulatory authority, except to the extent any such reports furnished to any such regulatory authority are not confidential and, in the case of any such report furnished to any regulatory authority other than the SEC, to the extent any such reports are material, and except as legally prohibited thereby.