FINANCIAL INFORMATION FORM AND EXAMINATION Sample Clauses

FINANCIAL INFORMATION FORM AND EXAMINATION. All financial statements to be provided to Lender as described herein shall be in a format approved in writing by Lender in Lender's reasonable discretion, in accordance with generally accepted accounting principles prepared on a consistent basis (and with respect to annual financial statements of Alterra, such statements shall be audited by an independent certified public accountant reasonably acceptable to Lender), which fairly present the financial condition(s) as of the date(s) indicated. Each financial statement shall be certified as true, complete and correct by its preparer and by Borrower or, in the case of Alterra's financial statements, by Alterra. Borrower shall, and shall cause Alterra and each other Master Tenant to, provide such additional financial information as Lender reasonably requires. Borrower shall, and shall cause each Master Tenant (as it pertains to the Projects) to, during regular business hours, permit or cause to permit Lender or any of Lender's representatives (including an independent firm of certified public accountants) to have access to and examine all of the books and records regarding Borrower and Master Tenant (as it pertains to the Projects), Stockholder and/or any Guarantor and the development and operation of the Projects, subject to any applicable government laws or regulations (including HIPAA) pertaining to resident medical information. The costs and expenses of the examination shall be paid by Borrower if (i) the examination discloses a monetary variance in any financial information or computation submitted by Borrower, any Master Tenant or Guarantors equal to or greater than the greater of: (A) five percent (5%); or (B) (1) if at a Project level, $5,000.00; or (2) if at the Borrower level, an amount equal to $5,000.00 times the number of Projects; or (3) if at the Guarantor level, $400,000.00, (ii) such inspection is done as the result of a failure to provide Lender with the financial statements and reporting required herein. Borrower shall within ten (10) days after Lender's request, furnish Lender with a written statement, duly acknowledged, setting forth the sums according to Borrower's books and records owed by Borrower under the Loan Documents and any right of set-off, counterclaim or other defense that exists against such sums and Borrower's obligations under the Loan Documents.
Sample 1
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FINANCIAL INFORMATION FORM AND EXAMINATION. All financial statements to be provided to Lender as described herein shall be in a format approved in writing by Lender in Lender's reasonable discretion, in accordance with sound accounting practices prepared on a consistent basis (and with respect to annual financial statements, such statements shall be audited by an independent certified public accountant reasonably acceptable to Lender), which fairly present the financial condition(s) as of the date(s) indicated. Each financial statement shall be certified as true, complete and correct by its preparer and by the applicable Borrower or, as applicable, Project Lessee or the Principal. Borrowers and Principal shall provide such additional financial information as Lender reasonably requires (which may include specific information concerning each Borrower's, General Partner's and Principal's other real estate holdings, including property income and expenses, debt service requirements and occupancy). Borrowers and Principal shall during regular business hours on reasonable advance notice permit Lender or any of Lender's representatives (including an independent firm of certified public accountants) to have access to and examine all of its books and records regarding Borrowers, General Partner, Manager, Project Lessee in each case as the same related to the development and operation of the Projects. Borrowers shall within ten (10) days after Lender's request, furnish Lender with a written statement, duly acknowledged, setting forth the sums according to each Borrower's books and records of any right of set-off, counterclaim or other defense that exists against such sums and such Borrower's obligations under the Loan Documents.
Sample 1
FINANCIAL INFORMATION FORM AND EXAMINATION. In addition to the foregoing required information, Borrower shall provide to Administrative Agent any additional financial information or back-up documentation Administrative Agent or any Lender through Administrative Agent may reasonably request with respect to Borrower, Principal or the Project. All financial statements to be provided to Administrative Agent as described herein shall be in a format approved by Administrative Agent in Administrative Agent’s reasonable discretion, in accordance with GAAP prepared on a consistent basis, which fairly present the financial condition(s) as of the date(s) indicated. Borrower’s and Principal’s annual financial statement shall be audited by Deloitte and Touche USA LLP or such other independent certified public accountant as is reasonably acceptable to Administrative Agent. Each financial statement shall be certified as true, complete and correct by its preparer and by Borrower or, in the case of each of Principal’s financial statements, by Principal. Borrower shall during regular business hours permit Administrative Agent or any of Administrative Agent’s representatives (including an independent firm of certified public accountants) to have access to and examine all of its books and records regarding Borrower, Principal, Principal OP, Principal OP GP, and/or such other Principal’s Subsidiary and the development and operation of the Project. The expense to Administrative Agent for such examination shall (a) be borne by Borrower to the extent that an Event of Default exists or Administrative Agent in good faith believes that there is a material inaccuracy in the financial information provided to Administrative Agent and (b) otherwise be borne by the Lenders. Borrower shall within ten (10) days after Administrative Agent’s request, furnish Administrative Agent with a written statement, duly acknowledged, setting forth the sums then owing under the Loan Documents according to Borrower’s books and records and any right of set-off, counterclaim or other defense that exists against such sums and Borrower’s obligations under the Loan Documents.
Sample 1

Related to FINANCIAL INFORMATION FORM AND EXAMINATION

  • Financial Information, etc The Administrative Agent shall have received:

  • Access to Financial Information Buyer’s representatives shall have access to, and Seller and its Affiliates shall cooperate with Buyer and furnish upon request, all financial and other information relating to the Hotel’s operations to the extent necessary to enable Buyer’s representatives to prepare audited financial statements in conformity with Regulation S-X of the Securities and Exchange Commission (the “SEC”) and other applicable rules and regulations of the SEC and to enable them to prepare a registration statement, report or disclosure statement for filing with the SEC on behalf of Buyer or its Affiliates, whether before or after Closing and regardless of whether such information is included in the Records to be transferred to Buyer hereunder. Seller shall also provide to Buyer’s representative a signed representation letter in form and substance reasonably acceptable to Seller sufficient to enable an independent public accountant to render an opinion on the financial statements related to the Hotel. Buyer will reimburse Seller for costs reasonably incurred by Seller to comply with the requirements of the preceding sentence to the extent that Seller is required to incur costs not in the ordinary course of business for third parties to provide such representation letters. The provisions of this Section shall survive Closing or termination of this Contract.

  • FINANCIAL INFORMATION AND NOTICES Until all the Obligations have been finally and indefeasibly paid and satisfied in full and the Commitments terminated, unless consent has been obtained in the manner set forth in Section 12.9 hereof, the Borrower will furnish or cause to be furnished to the Administrative Agent and each Lender at its address set forth in Schedule 1, or such other office as may be designated by the Agent or the applicable Lender from time to time:

  • Certain Financial Information Within twenty-five (25) Business Days after the end of each month between the date hereof and the earlier of the Closing Date and the date on which this Agreement is terminated, the Company shall deliver to Parent unaudited consolidated financial information for such month and management commentary on the business performance during such month.

  • Financial Information; Books and Records (a) The Seller SEC Documents include (i) the audited consolidated balance sheet of the Seller for each of the three fiscal years ended as of December 31, 2005, December 31, 2006 and December 31, 2007, and the related audited consolidated statements of operations, cash flows, and shareholders’ equity and comprehensive income of the Seller, together with all related notes and schedules thereto, accompanied by the reports thereon of the Seller’s independent accountants (collectively referred to herein as the “Seller Financial Statements”) and (ii) the unaudited condensed consolidated balance sheet of the Seller as of September 30, 2008, and the related unaudited consolidated statements of operations and cash flows of the Seller, together with all related notes and schedules thereto (the “Seller Interim Financial Statements”). The Seller has provided to the Purchaser copies of the unaudited consolidated balance sheet of the Business as of September 30, 2008, and the related unaudited consolidated statement of income, copies of which appear in Section 3.09 of the Seller Disclosure Schedule (collectively referred to herein as the “Business Financial Statements”). The Seller Financial Statements, the Seller Interim Financial Statements and the Business Financial Statements (I) were prepared in accordance with the books of account and other financial records of the Seller, its subsidiaries, the Companies, the Subsidiaries and the Group Companies, (II) present fairly in all material respects the consolidated financial condition and results of operations of the Seller, its subsidiaries, the Companies, the Subsidiaries and the Group Companies as of the dates thereof or for the periods covered thereby, except in the case of the Seller Interim Financial Statements and the Business Financial Statements for the absence of notes thereto and subject to normal and recurring year-end adjustments, and (III) have been prepared in accordance with GAAP applied on a basis consistent with the past practices of the Seller, its subsidiaries, the Companies, the Subsidiaries and the Group Companies.

  • Financial Information and Reporting (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted therein or as disclosed to the recipients thereof), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles consistently applied.

  • Interim Financial Information The Company shall supply the ----------------------------- Parent with a copy of its internal unaudited monthly financial statements within thirty (30) days after the end of each month.

  • Basic Financial Information and Reporting (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied, and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles consistently applied.

  • Other Financial Information Budgets, sales projections, operating plans and other financial information reasonably requested by Bank.

  • Annual Information The Company will deliver to the Holder as soon as available and in any event within 90 days after the end of each fiscal year of the Company, one copy of an audited consolidated balance sheet of the Company and its subsidiaries as at the end of such year, and audited consolidated statements of income, retained earnings and cash flow of the Company and its subsidiaries for such year; setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year; all prepared in accordance with GAAP, and which audited financial statements shall be accompanied by an opinion thereon of the independent certified public accountants regularly retained by the Company, or any other firm of independent certified public accountants of recognized national standing selected by the Company; provided, however, that the Company shall have no obligation to deliver such annual information under this Section 13.2 to the extent it is publicly available; and provided further, that if such information contains material non-public information, the Company shall so notify the Holder prior to delivery thereof and the Holder shall have the right to refuse delivery of such information.

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