Common use of FINANCIAL INFORMATION; OTHER INFORMATION Clause in Contracts

FINANCIAL INFORMATION; OTHER INFORMATION. Xxxxx City will furnish to the Owner Participant, the Lease Indenture Trustee, the Bondholder Trustee, the Lender, each of the Rating Agencies, and, with respect to clause (i)(a) below, upon written request, to any Bondholder the following: (a) audited annual financial statements of Xxxxx City on a consolidated basis within 120 days following the end of each fiscal year of Xxxxx City, and (b) unaudited, certified, consolidated balance sheets and unaudited consolidated statements of income and cash flow on a consolidated basis within (ii) together with the financial statements delivered in clause (i), a certificate in the form of EXHIBIT I (the "COMPLIANCE CERTIFICATE") signed by an authorized officer of the Facility Lessee shall be delivered, certifying (a) that to such officer's knowledge after due inquiry of the Facility Lessee, no Lease Default, Lease Event of Default or Indenture Event of Default exists, or if any such event or condition exists, the nature thereof and the corrective actions that such Person has taken or proposes to take with respect thereto and (b) that the attached calculations of the Debt Service Coverage Ratio, the Senior Rent Service Coverage Ratio, the Basic Lease Rent Service Coverage Ratio and the Modified Senior Rent Service Coverage Ratio (if applicable) for the twelve (12) month period ending on the date as of which such financial statements are prepared are true and correct; (iii) promptly, but in no event later than thirty (30) days after the receipt thereof by the Facility Lessee, copies of (a) all Applicable Permits obtained by the Facility Lessee after the Closing Date, and (b) any material amendment, supplement or other modification to any Applicable Permits received by the Facility Lessee after the Closing Date; (iv) promptly, but in no event later than thirty (30) days after the end of each Fiscal Quarter, (a) a statement in a form reasonably satisfactory to the Owner Lessor, the Owner Participant and the Lender, showing all operating data for the Facility for the previous Fiscal Quarter (the "QUARTERLY OPERATING REPORT"), including availability, capacity, total energy produced, total Project Revenues for the Facility, down time, aggregate O&M Costs incurred, Major Maintenance incurred, Capital Expenditures incurred, (b) any updates to the Power Market Consultant's report that may have been generated in the Fiscal Quarter then ending, and (c) and such other operating information as the Owner Lessor, the Owner Participant or the Lender may reasonably request; and (v) promptly after each Fiscal Quarter (but in no event later than the date of delivery of the unaudited financial statements delivered pursuant to Section 5.1(i)(b) hereof) reports with respect to any Capital Expenditures for the Facility.

FINANCIAL INFORMATION; OTHER INFORMATION. Xxxxx City will furnish to the Owner Participant, the Lease Indenture Trustee, the Bondholder Trustee, the Lender, each of the Rating Agencies, and, with respect to clause (i)(a) below, upon written request, to any Bondholder the following: (a) audited annual financial statements of Xxxxx City on a consolidated basis within 120 days following the end of each fiscal year of Xxxxx City, and (b) unaudited, certified, consolidated balance sheets and unaudited consolidated statements of income and cash flow on a consolidated basis withinwithin 60 days following the end of each of the first three Fiscal Quarters of each fiscal year of Xxxxx City; (ii) together with the financial statements delivered in clause (i), a certificate in the form of EXHIBIT I (the "COMPLIANCE CERTIFICATE") signed by an authorized officer of the Facility Lessee shall be delivered, certifying (a) that to such officer's knowledge after due inquiry of the Facility Lessee, no Lease Default, Lease Event of Default or Indenture Event of Default exists, or if any such event or condition exists, the nature thereof and the corrective actions that such Person has taken or proposes to take with respect thereto and (b) that the attached calculations of the Debt Service Coverage Ratio, the Senior Rent Service Coverage Ratio, the Basic Lease Rent Service Coverage Ratio and the Modified Senior Rent Service Coverage Ratio (if applicable) for the twelve (12) month period ending on the date most recently ended four Fiscal Quarters, taken as of which such financial statements are prepared one accounting period, are true and correct; (iii) promptly, but in no event later than thirty (30) days after the receipt thereof by the Facility Lessee, copies of (a) all Applicable Permits obtained by the Facility Lessee after the Closing Date, and (b) any material amendment, supplement or other modification to any Applicable Permits received by the Facility Lessee after the Closing Date; (iv) promptly, but in no event later than thirty (30) days after the end of each Fiscal Quarter, (a) a statement in a form reasonably satisfactory to the Owner Lessor, the Owner Participant and the Lender, showing all operating data for the Facility for the previous Fiscal Quarter (the "QUARTERLY OPERATING REPORT"), including availability, capacity, total energy produced, total Project Revenues for the Facility, down time, aggregate O&M Costs incurred, Major Maintenance incurred, Capital Expenditures incurred, (b) any updates to the Power Market Consultant's report that may have been generated in the Fiscal Quarter then ending, and (c) and such other operating information as the Owner Lessor, the Owner Participant or the Lender may reasonably request; and (v) promptly after each Fiscal Quarter (but in no event later than the date of delivery of the unaudited financial statements delivered pursuant to Section 5.1(i)(b) hereof) reports with respect to any Capital Expenditures for the Facility.

FINANCIAL INFORMATION; OTHER INFORMATION. Xxxxx City will furnish to the Owner Participant, the Lease Indenture Trustee, the Bondholder Trustee, the Lender, each of the Rating Agencies, and, with respect to clause (i)(a) below, upon written request, to any Bondholder the following: (i) (a) audited annual financial statements of Xxxxx City on a consolidated basis within 120 days following the end of each fiscal year of Xxxxx City, and (b) unaudited, certified, consolidated balance sheets and unaudited consolidated statements of income and cash flow on a consolidated basis withinwithin 60 days following the end of each of the first three Fiscal Quarters of each fiscal year of Xxxxx City; (ii) together with the financial statements delivered in clause (i), a certificate in the form of EXHIBIT Exhibit I (the "COMPLIANCE CERTIFICATECompliance Certificate") signed by an authorized officer of the Facility Lessee shall be delivered, certifying (a) that to such officer's knowledge after due inquiry of the Facility Lessee, no Lease Default, Lease Event of Default or Indenture Event of Default exists, or if any such event or condition exists, the nature thereof and the corrective actions that such Person has taken or proposes to take with respect thereto and (b) that the attached calculations of the Debt Service Coverage Ratio, the Senior Rent Service Coverage Ratio, the Basic Lease Rent Service Coverage Ratio and the Modified Senior Rent Service Coverage Ratio (if applicable) for the twelve (12) month period ending on the date most recently ended four Fiscal Quarters, taken as of which such financial statements are prepared one accounting period, are true and correct; (iii) promptly, but in no event later than thirty (30) days after the receipt thereof by the Facility Lessee, copies of (a) all Applicable Permits obtained by the Facility Lessee after the Closing Date, and (b) any material amendment, supplement or other modification to any Applicable Permits received by the Facility Lessee after the Closing Date; (iv) promptly, but in no event later than thirty (30) days after the end of each Fiscal Quarter, (a) a statement in a form reasonably satisfactory to the Owner Lessor, the Owner Participant and the Lender, showing all operating data for the Facility for the previous Fiscal Quarter (the "QUARTERLY OPERATING REPORTQuarterly Operating Report"), including availability, capacity, total energy produced, total Project Revenues for the Facility, down time, aggregate O&M Costs incurred, Major Maintenance incurred, Capital Expenditures incurred, (b) any updates to the Power Market Consultant's report that may have been generated in the Fiscal Quarter then ending, and (c) and such other operating information as the Owner Lessor, the Owner Participant or the Lender may reasonably request; and (v) promptly after each Fiscal Quarter (but in no event later than the date of delivery of the unaudited financial statements delivered pursuant to Section 5.1(i)(b) hereof) reports with respect to any Capital Expenditures for the Facility.

FINANCIAL INFORMATION; OTHER INFORMATION. Xxxxx City will furnish to the Owner Participant, the Lease Indenture Trustee, the Bondholder Trustee, the Lender, each of the Rating Agencies, and, with respect to clause (i)(aa) below, upon written request, to any Bondholder the following: (i) (a) audited annual financial statements of Xxxxx City on a consolidated basis within 120 days following the end of each fiscal year of Xxxxx City, and (b) unaudited, certified, consolidated balance sheets and unaudited consolidated statements of income and cash flow on a consolidated basis withinwithin 60 days following the end of each of the first three Fiscal Quarters of each fiscal year of Xxxxx City; (ii) together with the financial statements delivered in clause (i), a certificate in the form of EXHIBIT I Exhibit [__] (the "COMPLIANCE CERTIFICATE") signed by an authorized officer of the Facility Lessee shall be delivered, certifying (aA) that to such officer's knowledge after due inquiry of the Facility Lessee, no Lease Default, Lease Event of Default or Indenture Event of Default exists, or if any such event or condition exists, the nature thereof and the corrective actions that such Person has taken or proposes to take with respect thereto and (bB) that the attached calculations of the Debt Service Coverage Ratio, Ratio and the Senior Rent Service Coverage Ratio, the [Basic Lease Lease] Rent Service Coverage Ratio and the Modified Senior Rent Service Coverage Ratio (if applicable) for the twelve (12) month period ending on the date as of which such financial statements are prepared are true and correct; (iii) promptly, but in no event later than thirty (30) days after the receipt thereof by the Facility Lessee, copies of (aA) all Applicable Permits obtained by the Facility Lessee after the Closing Date, and (bB) any material amendment, supplement or other modification to any Applicable Permits received by the Facility Lessee after the Closing Date; (iv) promptly, but in no event later than thirty (30) days after the end of each Fiscal Quarter, (aA) a statement in a form reasonably satisfactory to the Owner Lessor, the Owner Participant and the Lender, showing all operating data for the Facility for the previous Fiscal Quarter (the "QUARTERLY OPERATING REPORT"), including availability, capacity, total energy produced, total Project Revenues for the Facility, down time, aggregate O&M Costs incurred, Major Maintenance incurred, Capital Expenditures incurred, (bB) any updates to the updated Power Market Consultant's report that may have been generated in the Fiscal Quarter then ending, and (c) Consultant Reports and such other operating information as the Owner Lessor, the Owner Participant or the Lender may reasonably request; and (v) (A) promptly after each Fiscal Quarter (but in no event later than the date of delivery of the unaudited financial statements delivered pursuant to Section 5.1(i)(b) hereof) reports with respect to any Capital Expenditures for the Facility.