Common use of Financial, Management and Regulatory Reports Clause in Contracts

Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account with respect to the finances and business of Tenant generally and with respect to the Premises, in accordance with generally accepted accounting principles (“GAAP”) consistently applied. During the Term, Tenant shall deliver to Landlord, within thirty (30) days of receipt of written request from Landlord, current annual audited financial statements of Tenant, Guarantor or any Resulting Guarantor for the prior year, certified by a nationally recognized firm of independent certified public accountants. In addition, Tenant shall also furnish to Landlord, if requested in writing by Landlord, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor prior to sixty (60) days after the end of each of the three remaining quarters, certified by their respective chief financial officers, and all filings, if any, of Form 10-K, Form 10-Q and other required filings with the Securities and Exchange Commission pursuant to the provisions of the Securities Exchange Act of 1934, as amended, or any other law. If, for whatever reason, the financial results of Tenant do not appear, or are not included, in the consolidated financial statements required to be provided to Landlord pursuant to the foregoing paragraph, then Tenant shall also deliver to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice or the passage of time or both, would become an Event of Default which has occurred and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Also within thirty (30) days of receipt of written request by Landlord, Tenant shall deliver to Landlord current quarterly profit and loss reports concerning the Business at the Facility and the combined Facility in this Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Tenant shall furnish to Landlord within ten (10) days of receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion of the Business which would have a material adverse effect on the operation of the Business at the Facility, and (iii) any material violation of any permit, approval or certification in connection with any portion of the Premises or any portion of the Business, by any federal, state, or local authority, including Medicare or Medicaid, if applicable. Tenant shall, within thirty (30) days of receipt of written request by Landlord, provide Landlord with a current annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande 0000 X Xxxxx Xx, Suite 10 AZ $ 4,137,878.00

Appears in 1 contract

Samples: Lease #6 (21st Century Oncology Holdings, Inc.)

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Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account with respect to the finances and business of Tenant generally and with respect to the Premises, in accordance with generally accepted accounting principles (“GAAP”) consistently applied. During the Term, Tenant shall deliver to Landlord, within thirty (30) days of receipt of written request from Landlord, current annual audited financial statements of Tenant, Guarantor or any Resulting Guarantor for the prior year, certified by a nationally recognized firm of independent certified public accountants. In addition, Tenant shall also furnish to Landlord, if requested in writing by Landlord, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor prior to sixty (60) days after the end of each of the three remaining quarters, certified by their respective chief financial officers, and all filings, if any, of Form 10-K, Form 10-Q and other required filings with the Securities and Exchange Commission pursuant to the provisions of the Securities Exchange Act of 1934, as amended, or any other law. If, for whatever reason, the financial results of Tenant do not appear, or are not included, in the consolidated financial statements required to be provided to Landlord pursuant to the foregoing paragraph, then Tenant shall also deliver to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. , All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice or the passage of time or both, would become an Event of Default which has occurred and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Also within thirty (30) days of receipt of written request by Landlord, Tenant shall deliver to Landlord current quarterly profit and loss reports concerning the Business at the Facility and the combined Facility in this Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Tenant shall furnish to Landlord within ten (10) days of receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion of the Business which would have a material adverse effect on the operation of the Business at the Facility, and (iii) any material violation of any permit, approval or certification in connection with any portion of the Premises or any portion of the Business, by any federal, state, or local authority, including Medicare or Medicaid, if applicable. Tenant shall, within thirty (30) days of receipt of written request by Landlord, provide Landlord with a current annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande 0000 X Xxxxx Xx, Suite 10 AZ Weaverville 000 Xxxxxxxx Xxxxxx Xx XX $ 4,137,878.003,600,000.00

Appears in 1 contract

Samples: Lease #9 (21st Century Oncology Holdings, Inc.)

Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account with respect to the finances and business of Tenant generally and with respect to the Premises, in accordance with generally accepted accounting principles (“GAAP”) consistently applied. During the Term, Tenant shall deliver to Landlord, within thirty (30) days of after receipt of written request from Landlord, current annual audited financial statements of Tenant, Guarantor or any Resulting Guarantor for the prior year, certified by a nationally recognized firm of independent certified public accountants. In addition, Tenant shall also furnish to Landlord, if requested in writing by Landlord, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor prior to sixty (60) days after the end of each of the three remaining quarters, certified by their respective chief financial officers, and all filings, if any, of Form 10-K, Form 10-Q and other required filings with the Securities and Exchange Commission pursuant to the provisions of the Securities Exchange Act of 1934, as amended, or any other law. If, for whatever reason, the financial results of Tenant do not appear, or are not included, in the consolidated financial statements required to be provided to Landlord pursuant to the foregoing paragraph, then Tenant shall also deliver to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of after the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice or the passage of time or both, would become an Event of Default which has occurred and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Also within thirty (30) days of after receipt of written request by Landlord, Tenant shall deliver to Landlord current quarterly profit and loss reports concerning the Business at the Facility and the combined Facility in this Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Tenant shall furnish to Landlord within ten (10) days of after receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion of the Business which would have a material adverse effect on the operation of the Business at the Facility, and (iii) any material violation of any permit, approval or certification in connection with any portion of the Premises or any portion of the Business, by any federal, state, or local authority, including Medicare or Medicaid, if applicable. Tenant shall, within thirty (30) days of after receipt of written request by Landlord, provide Landlord with a current annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande Ft. Xxxxx 0000 X Xxxxx Xx, Suite 10 AZ Xxxxxxxx Xxxx XX $ 4,137,878.004,300,000.00

Appears in 1 contract

Samples: Lease (21st Century Oncology Holdings, Inc.)

Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account with respect to the finances and business of Tenant generally and with respect to the Premises, in accordance with generally accepted accounting principles (“GAAP”) consistently applied. During the Term, Tenant shall deliver to Landlord, within thirty prior to one hundred twenty (30120) days after the close of receipt each fiscal year of written request from LandlordRadiation Therapy Services, current Inc. or any Resulting Guarantor (“Holdings”) annual audited financial statements of TenantHoldings, Guarantor or any Resulting Guarantor for commencing with the prior yearfiscal year including the date of commencement of the Term, certified by a nationally recognized firm of independent certified public accountants. In addition, Tenant shall also furnish to Landlord, if requested in writing by Landlord, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor Landlord prior to sixty (60) days after the end of each of the three remaining quarters, unaudited financial statements and all other quarterly reports of Holdings, certified by their respective Holdings’ chief financial officersofficer, and all filings, if any, of Form 10-K, Form 10-Q and other required filings with the Securities and Exchange Commission pursuant to the provisions of the Securities Exchange Act of 1934, as amended, or any other law. If, for whatever reason, the financial results of Tenant do not appear, or are not included, in the consolidated financial statements required to be provided to Landlord pursuant to the foregoing paragraph, then Tenant shall also deliver to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice or the passage of time or both, would become an Event of Default which has occurred and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Master Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx xxxxxxxxxx@xxx-xxxx.xxx. On or to such other email address which Landlord shall, in writing, direct. Also within thirty before the date that is forty-five (3045) days after the end of receipt of written request by Landlordeach calendar quarter, Tenant shall deliver to Landlord current quarterly profit and loss reports concerning the Business at the each Facility and the combined Facility Facilities in this Master Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, directxxxxxxxxxx@xxx-xxxx.xxx. Tenant shall furnish to Landlord within ten (10) days of receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion of the Business which would have a material adverse effect on the operation of the Business at the a Facility, and (iii) any material violation of any permit, approval or certification in connection with any portion of the Premises or any portion of the Business, by any federal, state, or local authority, including Medicare or Medicaid, if applicable. Tenant shall, within thirty on or before the date that is sixty (3060) days prior to the beginning of receipt each fiscal year of written request by LandlordHoldings, provide Landlord with a current an annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande 0000 X Xxxxx XxG TO EXHIBIT D OF PURCHASE AND SALE AGREEMENT FORM OF LETTER OF CREDIT AGREEMENT This LETTER OF CREDIT AGREEMENT (this “Agreement”) is dated as of , Suite 10 AZ $ 4,137,878.00200 , by and between NATIONWIDE HEALTH PROPERTIES, INC., a Maryland corporation (“Beneficiary”), and , a (“LC Party”).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Radiation Therapy Services Holdings, Inc.)

Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account provide Landlord with respect to the finances and business of Tenant generally and with respect to reports listed in Exhibit D within the Premises, applicable time specified therein. All financial information provided shall be prepared in accordance with generally accepted accounting principles GAAP and, provided that such template is provide to Tenant sufficiently in advance for Tenant to review and implement, shall be submitted electronically using the applicable template approved by Landlord in its reasonable discretion from time to time or, if no such template is provided by Landlord, in the form of unrestricted, unlocked “.xls” spreadsheets created using Microsoft Excel (“GAAP”) consistently applied2003 or newer editions). During If Tenant or any Guarantor becomes subject to any reporting requirements of the Securities and Exchange Commission during the Term, it shall concurrently deliver to Landlord such quarterly and annual reports not otherwise provided for on Exhibit D as are delivered pursuant to applicable securities laws. In addition to, and without limiting any other remedies which Landlord may have under this Lease, at law, or in equity, Tenant shall deliver be assessed with a $500 administrative fee for each instance in which Tenant fails to provide Landlord with the reports listed in Exhibit D within the applicable time specified therein, which administrative fee shall be immediately due and payable to Landlord. Notwithstanding the foregoing, such administrative fee shall not be assessed to Tenant so long as (a) Tenant is not delinquent in the delivery of such financial reports more than one (1) time in any consecutive twelve (12) month period, and (b) Tenant remits any delinquent report to Landlord within thirty five (305) days of receipt of Landlord’s written demand therefor. 6.7.1 In addition to the reports required under Section 6.7 above, upon Landlord’s request from Landlord, current annual audited financial statements of Tenant, Guarantor or any Resulting Guarantor for the prior year, certified by a nationally recognized firm of independent certified public accountants. In additiontime to time, Tenant shall also furnish to Landlordprovide Landlord with such additional information and unaudited quarterly financial information concerning each Facility, if requested in writing by Landlord, unaudited financial statements the operations thereof and all other quarterly reports Tenant and Guarantor as Landlord may reasonably require for purposes of Tenant, Guarantor securing financing for the Premises or any Resulting Guarantor prior to sixty (60) days after the end of each of the three remaining quarters, certified by their respective chief financial officers, and all filings, if any, of Form 10-K, Form 10-Q and other required its ongoing filings with the Securities and Exchange Commission pursuant to Commission, under both the provisions Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, or any other law. Ifincluding, for whatever reasonbut not limited to, 10-Q Quarterly Reports, 10-K Annual Reports and registration statements to be filed by Landlord during the financial results of Term, subject to the conditions that neither Tenant do not appear, or are not included, in the consolidated financial statements nor Guarantor shall be required to be provided to Landlord pursuant disclose information that is materially non-public information or is subject to the foregoing paragraph, then Tenant shall also deliver quality assurance immunity or is subject to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice attorney-client privilege or the passage of time or both, would become an Event of Default which has occurred attorney work product doctrine. 6.7.2 Tenant specifically agrees that Landlord may include financial information and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Also within thirty (30) days of receipt of written request by Landlord, Tenant shall deliver to Landlord current quarterly profit and loss reports information concerning the Business at the Facility and the combined Facility in this Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Tenant shall furnish to Landlord within ten (10) days of receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion Facility which does not violate the confidentiality of the Business which would have a material adverse effect on facility-patient relationship and the operation of the Business at the Facilityphysician-patient privilege under applicable laws, and (iii) any material violation of any permitin offering memoranda or prospectuses, approval or certification similar publications in connection with syndications, private placements or public offerings of Landlord’s securities or interests, and any portion other reporting requirements under applicable federal or state laws, including those of any successor to Landlord. 6.7.3 Landlord acknowledges and agrees that certain of the Premises information contained in the financial statements and/or in the financials may be non-public financial or any portion operational information with respect to Guarantor, Tenant and/or the Facilities. Landlord agrees to maintain the confidentiality of such non-public information to the Businessextent specifically identified by Tenant or Guarantor as non-public; provided, however, Landlord shall have the right to disclose such information with its accountants, attorneys and other consultants provided such disclosure is not prohibited by any federal, state, or local authority, including Medicare or Medicaid, if applicableapplicable Legal Requirements. Tenant shall, within thirty (30) days of receipt of written request by Landlord, provide Landlord with a current annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande 0000 X Xxxxx Xx, Suite 10 AZ $ 4,137,878.006.8

Appears in 1 contract

Samples: Master Lease

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Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account with respect to the finances and business of Tenant generally and with respect to the Premises, in accordance with generally accepted accounting principles (“GAAP”) consistently applied. During the Term, Tenant shall deliver to Landlord, within thirty prior to one hundred twenty (30120) days after the close of receipt each fiscal year of written request from LandlordTenant, current Guarantor or any Resulting Guarantor annual audited financial statements of Tenant, Guarantor or any Resulting Guarantor for Guarantor, commencing with the prior yearfiscal year including the date of commencement of the Term, certified by a nationally recognized firm of independent certified public accountants. In addition, Tenant shall also furnish to Landlord, if requested in writing by Landlord, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor Landlord prior to sixty (60) days after the end of each of the three remaining quarters, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor, certified by their respective chief financial officers, and all filings, if any, of Form 10-K, Form 10-Q and other required filings with the Securities and Exchange Commission pursuant to the provisions of the Securities Exchange Act of 1934, as amended, or any other law. If, for whatever reason, the financial results of Tenant do not appear, or are not included, in the consolidated financial statements required to be provided to Landlord pursuant to the foregoing paragraph, then Tenant shall also deliver to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice or the passage of time or both, would become an Event of Default which has occurred and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Also within thirty On or before the date that is forty-five (3045) days after the end of receipt of written request by Landlordeach calendar quarter, Tenant shall deliver to Landlord current quarterly profit and loss reports concerning the Business at the Facility and the combined Facility in this Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Tenant shall furnish to Landlord within ten (10) days of receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion of the Business which would have a material adverse effect on the operation of the Business at the Facility, and (iii) any material violation of any permit, approval or certification in connection with any portion of the Premises or any portion of the Business, by any federal, state, or local authority, including Medicare or Medicaid, if applicable. Tenant shall, within thirty on or before the date that is sixty (3060) days prior to the beginning of receipt each fiscal year of written request by LandlordHoldings, provide Landlord with a current an annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande 0000 X Xxxxx XxMacomb 00000 Xxxx Xxxx, Xxxxxx XX $ 2,650,000.00 EXHIBIT G THIRD PARTY LEASES IN MACOMB PROPERTY Tenant Square Feet Annual Base Rent Additional Rent Northeast Surgical Group 3,914 $ 90,000.00 Actual Expenses /% Share Tri-County Urology 3,914 $ 90,000.00 Actual Expenses /% Share SCHEDULE 1 DESCRIPTION OF PREMISES/FACILITY WITHIN THE BUILDING Suite 10 AZ $ 4,137,878.00100 of the Building consisting of 7,804 rentable square feet.

Appears in 1 contract

Samples: 21st Century Oncology Holdings, Inc.

Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account with respect to the finances and business of Tenant generally and with respect to the Premises, in accordance with generally accepted accounting principles (“GAAP”) consistently applied. During the Term, Tenant shall deliver to Landlord, within thirty prior to one hundred twenty (30120) days after the close of receipt each fiscal year of written request from LandlordRadiation Therapy Services, current Inc. or any Resulting Guarantor (“Holdings”) annual audited financial statements of TenantHoldings, Guarantor or any Resulting Guarantor for commencing with the prior yearfiscal year including the date of commencement of the Term, certified by a nationally recognized firm of independent certified public accountants. In addition, Tenant shall also furnish to Landlord, if requested in writing by Landlord, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor Landlord prior to sixty (60) days after the end of each of the three remaining quarters, unaudited financial statements and all other quarterly reports of Holdings, certified by their respective Holdings’ chief financial officersofficer, and all filings, if any, of Form 10-K, Form 10-Q and other required filings with the Securities and Exchange Commission pursuant to the provisions of the Securities Exchange Act of 1934, as amended, or any other law. If, for whatever reason, the financial results of Tenant do not appear, or are not included, in the consolidated financial statements required to be provided to Landlord pursuant to the foregoing paragraph, then Tenant shall also deliver to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice or the passage of time or both, would become an Event of Default which has occurred and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Master Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx xxxxxxxxxx@xxx-xxxx.xxx. On or to such other email address which Landlord shall, in writing, direct. Also within thirty before the date that is forty-five (3045) days after the end of receipt of written request by Landlordeach calendar quarter, Tenant shall deliver to Landlord current quarterly profit and loss reports concerning the Business at the each Facility and the combined Facility Facilities in this Master Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, directxxxxxxxxxx@xxx-xxxx.xxx. Tenant shall furnish to Landlord within ten (10) days of receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion of the Business which would have a material adverse effect on the operation of the Business at the a Facility, and (iii) any material violation of any permit, approval or certification in connection with any portion of the Premises or any portion of the Business, by any federal, state, or local authority, including Medicare or Medicaid, if applicable. Tenant shall, within thirty on or before the date that is sixty (3060) days prior to the beginning of receipt each fiscal year of written request by LandlordHoldings, provide Landlord with a current an annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande 0000 X Xxxxx XxG FORM OF LETTER OF CREDIT AGREEMENT This LETTER OF CREDIT AGREEMENT (this “Agreement”) is dated as of , Suite 10 AZ $ 4,137,878.00200 , by and between NATIONWIDE HEALTH PROPERTIES, INC., a Maryland corporation (“Beneficiary”), and , a (“LC Party”).

Appears in 1 contract

Samples: Letter of Credit Agreement (Radiation Therapy Services Holdings, Inc.)

Financial, Management and Regulatory Reports. Tenant shall keep adequate records and books of account with respect to the finances and business of Tenant generally and with respect to the Premises, in accordance with generally accepted accounting principles (“GAAP”) consistently applied. During the Term, Tenant shall deliver to Landlord, within thirty (30) days of receipt of written request from Landlord, current annual audited financial statements of Tenant, Guarantor or any Resulting Guarantor for the prior year, Tenant certified by a nationally recognized firm of independent certified public accountants. In addition, Tenant shall also furnish to Landlord, if requested in writing by Landlord, unaudited financial statements and all other quarterly reports of Tenant, Guarantor or any Resulting Guarantor Tenant prior to sixty (60) days after the end of each of the three remaining quarters, certified by their respective chief financial officers, and all filings, if any, of Form 10-K, Form 10-Q and other required filings with the Securities and Exchange Commission pursuant to the provisions of the Securities Exchange Act of 1934, as amended, or any other law. If, for whatever reason, the financial results of Tenant do not appear, or are not included, in the consolidated financial statements required to be provided to Landlord pursuant to the foregoing paragraph, then Tenant shall also deliver to Landlord Tenant’s financial statements meeting the same requirements and within the same timeframes as required for Holdings pursuant to the foregoing paragraph. All financial statements shall be prepared in accordance with GAAP consistently applied. All annual financial statements shall be accompanied (i) by an opinion of the accounting firm preparing such statements stating that (A) there are no qualifications as to the scope of the audit and (B) the audit was performed in accordance with GAAP and (ii) by the affidavit of the president or a vice president (or officer, director or manager of a similar position) of Tenant, dated within five (5) days of the delivery of such statement, stating that (C) the affiant knows of no Event of Default, or event which, upon notice or the passage of time or both, would become an Event of Default which has occurred and is continuing hereunder or, if any such event has occurred and is continuing, specifying the nature and period of existence thereof and what action Tenant has taken or proposes to take with respect thereto and (D) except as otherwise specified in such affidavit, that to affiant’s knowledge Tenant has fulfilled all of its obligations under this Lease which are required to be fulfilled on or prior to the date of such affidavit. All financial statements shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Also within thirty (30) days of receipt of written request by Landlord, Tenant shall deliver to Landlord current quarterly profit and loss reports concerning the Business at the Facility and the combined Facility in this Lease. Such reports shall be in substantially the same form as delivered by Tenant to Landlord in connection with Landlord’s acquisition of the Premises and shall contain a level of detail reasonably satisfactory to Landlord. Such reports shall be sent via email to Landlord at xxx@xxxxxxxxxxxxxxxxxx.xxx or to such other email address which Landlord shall, in writing, direct. Tenant shall furnish to Landlord within ten (10) days of receipt written notice of any of the following: (i) any material violation of any federal, state, or local licensing or reimbursement certification statute or regulation, including Medicare or Medicaid, (ii) any suspension, termination or restriction placed on Tenant or any portion of the Premises or the operation of any portion of the Business which would have a material adverse effect on the operation of the Business at the Facility, and (iii) any material violation of any permit, approval or certification in connection with any portion of the Premises or any portion of the Business, by any federal, state, or local authority, including Medicare or Medicaid, if applicable. Tenant shall, within thirty (30) days of receipt of written request by Landlord, provide Landlord with a current annual operating budget covering the operations of Holdings for the forthcoming fiscal year. If, for whatever reason, the operating budget of Holdings would not include and cover the operations of Tenant for the forthcoming fiscal year, then Tenant shall deliver to Landlord, within sixty (60) days after the beginning of Tenant’s fiscal year, an annual operating budget covering the operations of Tenant for such fiscal year. EXHIBIT F LANDLORD’S INVESTMENT Landlord’s # Location Street Address State Investment 1 Casa Grande 0000 X Xxxxx Xx, Suite 10 AZ Warwick 000 Xxxx Xxxx Xxxx XX $ 4,137,878.003,533,000.00

Appears in 1 contract

Samples: 21st Century Oncology Holdings, Inc.

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