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

Financial, Management and Regulatory Reports. Tenant shall provide Landlord with the reports listed in Exhibit D within the applicable time specified therein. All financial information provided shall be prepared in accordance with 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 (2003 or newer editions). 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 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 five (5) days of Landlord’s written demand therefor.

Appears in 2 contracts

Samples: Master Lease (Diversicare Healthcare Services, Inc.), Master Lease (Diversicare Healthcare Services, Inc.)

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Financial, Management and Regulatory Reports. Tenant shall provide -------------------------------------------- Landlord with the reports listed in Exhibit D within E at the applicable times described therein, -- --------- and such other information about it or the operations of the Premises and Business as Landlord may reasonably request from time specified thereinto time. All financial information provided shall be prepared in accordance with GAAP andgenerally accepted accounting principles consistently applied except with respect to the method of accounting for resident move in fees, 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 (2003 or newer editions)which are on a cash basis. If Tenant is 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 equityWith respect to each individual Facility, Tenant shall be assessed with a $500 administrative fee for for, each instance in which Tenant fails to provide Landlord with the monthly, quarterly or annual financial reports listed in Exhibit D E 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 (aA) Tenant is not delinquent in the delivery of such financial reports more than one two (12) time times in any consecutive twelve (12) month period, and (bB) Tenant remits any delinquent report to Landlord within five (5) business days of Landlord’s 's written demand request therefor.

Appears in 2 contracts

Samples: Master Lease (Emeritus Corp\wa\), Master Lease (Emeritus Corp\wa\)

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Financial, Management and Regulatory Reports. Tenant shall provide Landlord with the reports listed in Exhibit D within the applicable time specified therein. All financial information provided shall be prepared in accordance with 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 provided 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 (2003 or newer editions)) or in such other form as Landlord may reasonably require from time to time. 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 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 ; provided, however, that with respect to the foregoing, first failure by Tenant to provide 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 when due in any consecutive twelve (12) month period, Landlord shall provide Tenant written notice specifying that the report was not provided when due, Tenant shall have three (3) Business Days after receipt of such notice to provide Landlord with such report, and (b) Landlord may assess Tenant remits any delinquent with the $500 administrative fee only if Tenant has not provided such report to Landlord within five upon the expiration of such three (53) days of Landlord’s written demand thereforBusiness Day period.

Appears in 1 contract

Samples: Master Lease (Assisted 4 Living, Inc.)

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