Common use of Financial Statements and Certificates Clause in Contracts

Financial Statements and Certificates. Lessee will furnish the ------------------------------------- following statements to Lessor; provided that Lessor shall keep confidential items furnished by Lessee which are not generally available to the public: (i) within 120 days after the end of each Fiscal Years (A) a copy of the Consolidated Financial Statements for such Fiscal Year; (B) an Officer's Certificate stating (x) that no Event of Default, or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred and is continuing and has not been waived, or, if there shall have occurred and be continuing such an Event of Default, specifying the nature thereof and the steps being taken to remedy the same, and (y) that to the best of the signer's knowledge and belief, Lessee is not in default in the performance or observance of any of the terms of any loans or credit facilities, with an outstanding balance equal to or greater than $10,000,000.00 in the aggregate, which default would permit the holder thereof to accelerate its stated maturity;

Financial Statements and Certificates. Lessee will furnish the ------------------------------------- following statements to Lessor; provided that Lessor shall keep confidential items furnished by Lessee which are not generally available to the public: (i) within 120 days after the end of each Fiscal Years Year (A) a copy of the Consolidated Financial Statements for such Fiscal Year; (B) an Officer's Certificate stating (x) that no Event of Default, or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred and is continuing and has not been waived, or, if there shall have occurred and be continuing such an Event of Default, specifying the nature thereof and the steps being taken to remedy the same, and (y) that to the best of the signer's knowledge and belief, Lessee is not in default in the performance or observance of any of the terms of any loans or credit facilities, with which by their terms would permit an outstanding balance equal to or greater than $10,000,000.00 in the aggregate, which default would permit the holder thereof to accelerate its stated maturity;

Financial Statements and Certificates. Lessee will furnish the ------------------------------------- following statements to Lessor; provided that Lessor shall keep confidential items furnished by Lessee which are not generally available to the public: : (i26) within 120 days after the end of each Fiscal Years Year (A) a copy of the Consolidated Financial Statements for such Fiscal Year; (B) an Officer's Certificate stating (x) that no Event of Default, or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred and is continuing and has not been waived, or, if there shall have occurred and be continuing such an Event of Default, specifying the nature thereof and the steps being taken to remedy the same, and (y) that to the best of the signer's knowledge and belief, Lessee is not in default in the performance or observance of any of the terms of any loans or credit facilities, with an outstanding balance equal to or greater than $10,000,000.00 in the aggregate, which default would permit the holder thereof to accelerate its stated maturity;

Financial Statements and Certificates. Lessee will furnish the ------------------------------------- following statements to Lessor; provided that Lessor shall keep confidential items terms furnished by Lessee which are not generally available to the public: : (i) within 120 days after the end of each Fiscal Years (A) a copy of the Consolidated Financial Statements for such Fiscal Year; (B) an Officer's Certificate stating (x) that no Event of Default, or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred and is continuing and has not been waived, or, if there shall have occurred and be continuing such an Event of Default, specifying the nature thereof and the steps being taken to remedy the same, and (y) that to the best of the signer's knowledge and belief, Lessee is not in default in the performance or observance of any of the terms of any loans or credit facilities, with which by their terms would permit an outstanding balance equal to or greater than $10,000,000.00 in the aggregate, which default would permit the holder thereof to accelerate its stated maturity;

Financial Statements and Certificates. Lessee will furnish the ------------------------------------- following statements to Lessor; provided that Lessor shall keep confidential items furnished by Lessee which are not generally available to the public: (i) within 120 days after the end of each Fiscal Years (A) a copy of the Consolidated Financial Statements for such Fiscal Year; (B) an Officer's Certificate stating (x) that no Event of Default, or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred and is continuing and has not been waived, or, if there shall have occurred and be continuing such an Event of Default, specifying the nature thereof and the steps being taken to remedy the same, and (y) that to the best of the signer's knowledge and belief, Lessee is not in default in the performance or observance of any of the terms of any loans or credit facilities, with facilities which by their terms would permit an outstanding balance equal to or greater than $10,000,000.00 5,000,000.00 in the aggregate, which default would permit the holder thereof to accelerate its stated maturity;

Financial Statements and Certificates. Lessee will furnish the ------------------------------------- following statements to Lessor; provided that Lessor shall keep confidential items furnished by Lessee which are not generally available to the public: : (i) within 120 days after the end of each Fiscal Years (A) a copy of the Consolidated Financial Statements for such Fiscal Year; (B) an Officer's Certificate stating (x) that no Event of Default, or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred and is continuing and has not been waived, or, if there shall have occurred and be continuing such an Event of Default, specifying the nature thereof and the steps being taken to remedy the same, and (y) that to the best of the signer's knowledge and belief, Lessee is not in default in the performance or observance of any of the terms of any loans or credit facilities, with which by their terms would permit an outstanding balance equal to or greater than $10,000,000.00 in the aggregate, which default would permit the holder thereof to accelerate its stated maturity;stated