Financial Condition of Guarantor. Status of Guarantor. So long as the Guarantor's obligations under Section 3 below are outstanding, unless the Guarantor shall have Provided Collateral to secure its obligations hereunder:
(a) The Guarantor shall at all times maintain a tangible net worth determined in accordance with the Accounting Principles in an amount not less than Five Hundred Million Dollars ($500,000,000) or if there has been a Reorganization, or if the Guarantor is not the originally named Guarantor, Seven Hundred Fifty Million Dollars ($750,000,000); and
(b) The Guarantor shall not engage in any Reorganization unless following such Reorganization it has (i) a tangible net worth determined in accordance with the Accounting Principles in an amount not less than Seven Hundred Fifty Million Dollars ($750,000,000) and (ii) unencumbered assets with a fair market value of not less than One Hundred Million Dollars ($100,000,000) (exclusive of any note, instrument, security or claim issued by, against or in any way dependent on the credit of, an Affiliate of Guarantor).
Financial Condition of Guarantor. All financial statements of Guarantor, copies of which have been heretofore delivered to Lender, are complete and correct, have been prepared in accordance with GAAP, and present fairly the financial position of Guarantor as at the date thereof and the results of their respective operations for the period ended on said date and there has been no material adverse change in the financial condition, business or operations of Guarantor since said date.
Financial Condition of Guarantor. If shares in Guarantor are publicly traded on a United States national stock exchange or on the Amsterdam stock exchange such that Guarantor is subject to securities disclosure and financial reporting requirements pursuant to which quarterly and annual financial reports are available on line via XXXXX or via Guarantor’s website, Guarantor shall not be obligated to furnish financial statements to Landlord. If, however, Guarantor is not publicly traded such that financial reports are not available for review online, the following financial reporting requirements shall apply:
(i) On or before the 30th day of each calendar quarter during the term of the Lease, Guarantor shall submit to Landlord a current financial statement indicating Guarantor’s current net worth and general financial condition, including balance sheets and statements of income and expenses for the preceding calendar quarter, certified as true and correct by Guarantor’s chief financial officer.
(ii) Within ninety (90) days following the expiration of Guarantor’s fiscal year, and no less frequently than once every twelve (12) calendar months, Guarantor shall submit to Landlord annual financial statements prepared in accordance with generally accepted accounting principles consistently applied and certified as true and correct by Guarantor’s chief financial officer.
Financial Condition of Guarantor. All financial statements of Guarantor, copies of which have been heretofore
Financial Condition of Guarantor. The Guarantor shall at all times maintain Net Worth in an amount of at least Seventy-Five Million Dollars ($75,000,000).
Financial Condition of Guarantor. The Guarantor shall at all times maintain a Tangible Net Worth in excess of Two Hundred Million Dollars ($200,000,000) and shall, from time to time, upon Landlord’s request (but no less frequently than quarterly), provide an Officer’s Certificate with respect thereto, which shall, inter alia, set forth the calculation thereof and otherwise be in form and substance reasonably satisfactory to Landlord.
Financial Condition of Guarantor. Borrower shall cause Guarantor to satisfy the Guarantor Financial Covenants.
Financial Condition of Guarantor. Guarantor hereby represents, warrants and covenants to the Companies that on the date hereof and until the full and final payment and performance of all of the Guaranteed Obligations: (a) the fair saleable value of Guarantor’s assets exceeds its liabilities, Guarantor is meeting its current liabilities as they mature, and Guarantor is and shall remain solvent, (b) all financial statements of Guarantor previously provided to the Companies are true and correct and accurately reflect the financial condition of Guarantor as of the date each such statement purports to reflect, (c) since the date of such financial statements, there has not occurred any material adverse change in the financial condition of Guarantor, (d) there are not now pending any court or administrative proceedings or undischarged judgments against Guarantor, no federal or state tax liens have been filed or, to Guarantor’s knowledge, threatened against Guarantor, and Guarantor is not in default or claimed default under any material agreement, (e) Guarantor shall deliver to the Companies such information in Guarantor’s possession as the Companies may reasonably request from time to time regarding Guarantor’s financial condition and such information shall be true and correct, (f) Guarantor shall undertake no action prior to the full and final payment and performance of all of the Guaranteed Obligations that could reasonably be expected to materially and adversely affect its ability to satisfy any of its obligations hereunder, and (g) Guarantor shall cause SSLLC, Tools, the Introducing Brokers and/or Schon-EX to perform and make payment of any of the Guaranteed Obligations, each as they shall come due.
Financial Condition of Guarantor. The Guarantor shall at all times maintain Net Worth in an amount at least equal to the aggregate of one year's Minimum Rent payable by the Tenant to the Landlord under the Second Amended Lease.
Financial Condition of Guarantor. As used in this Section, "Financial Statements" means, in accordance with the requirements of this Section a balance sheet, income statement, statements of cash flow and amount and sources of contingent liabilities, a reconciliation of changes in equity and liquidity verification, and, unless Lender otherwise consents, consolidated and consolidating statements if the reporting party is a holding company or a parent of a subsidiary entity. In this Section, each party for whom Financial Statements are required is a "reporting party" and a specified period to which the required Financial Statements relate is a "reporting period". Guarantor shall provide or cause to be provided to Lender, the following:
