Common use of FINANCIAL STATEMENTS AND CREDIT REPORTS Clause in Contracts

FINANCIAL STATEMENTS AND CREDIT REPORTS. At Landlord’s request, Xxxxxx shall deliver to Landlord a copy, certified by an officer of Tenant as being a true and correct copy, of Xxxxxx’s most recent audited financial statement, or, if unaudited, certified by Xxxxxx’s chief financial officer as being true, complete and correct in all material respects. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report. Notwithstanding the foregoing, Landlord shall not request financial statements more than once in each consecutive one (1) year period during the Term unless (i) Tenant is in default beyond any applicable notice and cure period, (ii) Landlord reasonably believes that there has been an adverse change in Tenant’s financial position since the last financial statement provided to Landlord, or (iii) requested (a) in connection with a proposed sale or transfer of the Building by Landlord, or (b) by an investor of Landlord, any Landlord Entity or any lender or proposed lender of Landlord or any Landlord Entity. At Tenant’s request, Xxxxxxxx shall enter into a confidentiality agreement with Tenant, which agreement is reasonably acceptable to Landlord and covers confidential financial information provided by Tenant to Landlord. Notwithstanding the foregoing, so long as Tenant is a publicly traded company on an “over-the-counter” market or any recognized national or international securities exchange, the foregoing shall not apply so long as Tenant’s current public annual report (in compliance with applicable securities laws) for such applicable year is available to Landlord in the public domain.

FINANCIAL STATEMENTS AND CREDIT REPORTS. At Subject to the terms and conditions of this Article 31, at Landlord’s requestwritten request in connection with a sale or financing of the Project (but not more than once during any Lease Year), Xxxxxx Tenant shall deliver to Landlord a copy, certified by an officer copy of Tenant as being a true and correct copy, of XxxxxxTenant’s most recent audited financial statement, or, if unaudited, certified by Xxxxxx’s chief financial an officer of Tenant as being true, complete and correct in all material respects, which Tenant may provide by read-only portal access to a secure website. Landlord agrees that Tenant’s financial statements are deemed to be Tenant’s confidential information. Landlord hereby agrees to maintain Tenant’s financial statements as proprietary and confidential and will take reasonable measures to avoid disclosure and unauthorized use of the financial statements (including, without limitation, measures at least as stringent as it takes to protect its own confidential information of a similar nature). Landlord agrees not to disclose Tenant’s financial statements to any third party other than as-needed to any lender, prospective lender, or purchaser and to Landlord’s attorneys, accountants, investment advisors and similar business advisors, provided that in the case of each such disclosure: (a) such disclosures are for bona fide business purposes related to the Project; (b) all such third parties have signed a commercially reasonable non-disclosure agreement prior to receiving any of Tenant’s financial statements (a copy of which shall be delivered to Tenant hereby authorizes prior to any such parties receiving any such financial statements); and (c) Landlord will be liable to obtain one or more credit reports on Tenant at for any time, and shall execute breaches of such further authorizations as Landlord may reasonably require in order to obtain a credit reportconfidentiality obligations by such third parties. Notwithstanding the foregoing, Landlord the obligation of confidentiality provided for with respect to Tenant’s financial statements shall not request apply to the extent the financial statements more than once in each consecutive one (1) year period during the Term unless statements: (i) are required to be disclosed by any Regulations after giving reasonable notice to Tenant is in default beyond any applicable notice and cure periodto allow Tenant time to seek a protective order, to the extent permitted by Regulations, (ii) Landlord reasonably believes that there are, at the time of delivery, already in the lawful possession of the receiving party, (iii) are, at the time of disclosure, in a public offering or in the public domain, or, after disclosure by a person or entity not subject to the confidentiality obligations herein, has been an adverse change in Tenant’s financial position since become part of the last financial statement provided to Landlordpublic domain, (iv) are independently developed (1) by the receiving party without breaching the confidentiality obligations herein, or (iii2) requested (a) in connection with a proposed sale by parties who have not had, either directly or transfer indirectly, access to or knowledge of the Building by Landlord, financial statements; or (bv) by an investor of Landlord, any Landlord Entity or any lender or proposed lender of Landlord or any Landlord Entity. At are disclosed with Tenant’s request, Xxxxxxxx shall enter into a confidentiality agreement with Tenant, which agreement is reasonably acceptable to Landlord and covers confidential financial information provided by Tenant to Landlordprior written consent. Notwithstanding the foregoing, so long as Tenant is a publicly traded company on an “over-the-counter” market or any recognized national or international securities exchange, the The foregoing shall not apply so long as Tenant’s current public annual report (in compliance with applicable securities laws) for such applicable year is available to Landlord in the public domain. The confidentiality obligations in regards to Tenant’s financial statements shall be as set forth in this Article 31 and Article 42 of this Lease shall not apply to Tenant’s financial statements.

FINANCIAL STATEMENTS AND CREDIT REPORTS. At Landlord’s request, Xxxxxx Tenant shall deliver to Landlord a copy, certified by an officer of Tenant as being a true and correct copy, of XxxxxxTenant’s most recent audited financial statement, or, if unaudited, certified by XxxxxxTenant’s chief financial officer as being true, complete and correct in all material respects. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report. Notwithstanding the foregoing, Landlord shall not request financial statements more than once in each consecutive one (1) year period during the Term unless (i) Tenant is in default beyond any applicable notice and cure perioddefault, (ii) Landlord reasonably believes that there has been an adverse change in Tenant’s financial position since the last financial statement provided to Landlord, or (iii) requested (a) in connection with a proposed sale or transfer of the Building by Landlord, or (b) by an investor of Landlord, any Landlord Entity related entity or any lender or proposed lender of Landlord or any Landlord Entityrelated entity. At Tenant’s request, Xxxxxxxx Landlord shall enter into a confidentiality agreement with Tenant, which agreement is reasonably acceptable to Landlord and covers confidential financial information provided by Tenant to Landlord. Notwithstanding the foregoing, so long as Tenant is a publicly traded company on an “over-the-counter” market or any recognized national or international securities exchange, the foregoing shall not apply so long as Tenant’s current public annual report (in compliance with applicable securities laws) for such applicable year is available to Landlord in the public domain.

FINANCIAL STATEMENTS AND CREDIT REPORTS. At Landlord’s 's request, Xxxxxx Tenant shall deliver to Landlord a copy, certified by an officer of Tenant as being a true and correct copy, of Xxxxxx’s Tenant's most recent audited financial statement, or, if unaudited, certified by Xxxxxx’s Tenant's chief financial officer as being true, complete and correct in all material respects. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report. Notwithstanding the foregoing, Landlord shall not request financial statements more than once in each consecutive one (1) year period during the Term unless (i) Tenant is in default beyond any applicable notice and cure period, (ii) Landlord reasonably believes that there has been an adverse change in Tenant’s 's financial position since the last financial statement provided to Landlord, or (iii) requested (a) in connection with a proposed sale or transfer of the Building by Landlord, or (b) by an investor of Landlord, any Landlord Entity or any lender or proposed lender of Landlord or any Landlord Entity. At Tenant’s 's request, Xxxxxxxx Landlord shall enter into a confidentiality agreement with Tenant, which agreement is reasonably acceptable to Landlord and covers confidential financial information provided by Tenant to Landlord. Notwithstanding the foregoing, so long as Tenant is a publicly traded company on an “"over-the-counter” " market or any recognized national or international securities exchange, the foregoing shall not apply so long as Tenant’s 's current public annual report (in compliance with applicable securities laws) for such applicable year is available to Landlord in the public domain.

FINANCIAL STATEMENTS AND CREDIT REPORTS. At Landlord’s request, Xxxxxx Tenant shall deliver to Landlord a copy, certified by an officer of Tenant as being a true and correct copy, of XxxxxxTenant’s most recent audited financial statement, or, if unaudited, certified by XxxxxxTenant’s chief financial officer as being true, complete and correct in all material respects. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report. Notwithstanding the foregoing, Landlord shall not request financial statements more than once in each consecutive one (1) year period during the Term unless (i) Tenant is in default beyond any applicable notice and cure perioddefault, (ii) Landlord reasonably believes that there has been an adverse change in Tenant’s financial position since the last financial statement provided to Landlord, or (iii) requested (a) in connection with a proposed sale or transfer of the Building by Landlord, or (b) by an investor of Landlord, any Landlord Entity or any lender or proposed lender of Landlord or any Landlord Entity. At Tenant’s requestIn addition, Xxxxxxxx shall enter into a confidentiality agreement with Tenant, which agreement is reasonably acceptable to Landlord and covers confidential financial information provided by Tenant to Landlord. Notwithstanding notwithstanding the foregoingterms of this Article 33, so long as Tenant is a publicly traded company on an “over-the-counter” market or any recognized national or international securities exchange, the foregoing shall not apply so long as Tenant’s current public annual report (in compliance with applicable securities laws) for such applicable year is available to Landlord in the public domain. At Tenant’s request, Landlord shall enter into a confidentiality agreement with Tenant, which agreement is reasonably acceptable to Landlord and covers confidential financial information provided by Tenant to Landlord.