Financial Statements; Reporting. Until payment in full of the Indebtedness, Borrower shall cause the following financial statements and information, in form satisfactory to Lender, to be delivered to Lender as and when hereinafter provided:
(1) as soon as practicable and in any event within one hundred twenty (120) days after the end of each Fiscal Year of the applicable Entities, audited combined statements of financial position of LFSRI II, LFSRI II Alternative, LFSRI-CADIM (which shall be duly certified by the Chief Financial Officer of Lazard Freres REI) and audited statements of financial position of each Operating Company as of the end of each such Fiscal Year during the Term, including a balance sheet and statement of profits and losses, as of the date thereof, prepared in accordance with GAAP by a nationally recognized accounting firm and accompanied by a statement of the accountants that such financial statements present fairly, in all material respects, the financial condition of each such Entity as of the end of the Fiscal Year being reported on and that the results of the operations and cash flows for such year were prepared and are being reported on in conformity with GAAP;
(2) promptly and in any event within sixty (60) days after the end of each fiscal quarter of the applicable Entities, (i) quarterly combined statements of financial position of LFSRI II, LFSRI II Alternative and LFSRI-CADIM (which shall be duly certified by the Chief Financial Officer of Lazard Freres REI), (ii) statements of financial position of each Operating Company, including a balance sheet and statement of profits and losses, and comparisons of results to prior year results, and (iii) with respect to each of AAC III, Intown and Rubenstein, a detailed schedule of all indebtedness (xxxxxxxxg Contingent Obligations) of such Entity, specifying the lender, the outstanding principal balance of the loan, amortization requirements (if any), maturity date, extension options (if any), the rate at which interest is payable and, if different, the rate at which interest accrues, collateral (if any), and such other information as Lender may reasonably request;
(3) within five (5) days after filing, the annual Federal income tax return of Borrower, with accompanying schedules prepared by Borrower;
(4) within three (3) days following receipt by any member of the Borrower Control Group, a copy of any notice of default regarding outstanding financial indebtedness of any member of the Borrower Control Group or any Ope...
Financial Statements; Reporting. (a) Except as otherwise disclosed in writing to the Bank prior to the date hereof, all balance sheets, reports, budgets, reconciliations, accounts receivable reports, and other financial information supplied to the Bank by the Borrower have been prepared in conformity with GAAP, and present fairly the financial condition and results of operations of the Borrower for the period covered thereby.
(b) The Borrower, each U.S. Guarantor, and each European Subsidiary do not know of any facts, other than those already disclosed in writing to the Bank, that materially adversely affect or in so far as can be foreseen, will materially adversely affect their ability to perform their respective obligations under this Second Waiver Agreement and the documents executed in connection herewith.
Financial Statements; Reporting. The financial statements and other financial information heretofore furnished, or caused to be furnished, to Lender relating to Borrower and the Project are true, accurate and complete in all material respects as of the date specified therein, were prepared in accordance with accepted accounting principles on a basis consistent with that of preceding years, and fully and accurately present in all material respects the financial condition of the Borrower as of the date specified. Since the date of such statements, there has been no material adverse change in the business or financial condition of the Borrower. For so long as the Loan remains unsatisfied, Borrower agrees to provide to Lender, or cause to be provided to Lender, such financial information reasonably required by Lender (in form and substance reasonably satisfactory to Lender), including, without limitation, (a) annual balance sheets and income statements of Borrower and LBO no later than ninety (90) days after the end of each fiscal year of Borrower; (b) copies of federal income tax returns of Borrower and LBO within thirty (30) days of the date the same are filed, (c) a Project Operating Statement on a quarterly basis showing all revenue and expense items on a quarterly and rolling twelve month basis; and (d) audited financial statements of Borrower and LBO or any tenant operating the Project. Borrower shall also promptly report to Lender any material adverse change in the net worth or financial status of Borrower or LBO.
Financial Statements; Reporting. (a) Except as otherwise disclosed in writing (including by the delivery of financial statements) to the Lender Group prior to the Third Amendment Closing Date, all balance sheets, reports, Borrowing Base certificates, budgets, reconciliations, accounts receivable reports, and other financial information supplied to the Lender Group with respect to the Borrowers have been, if applicable, in conformity with GAAP, and present fairly the financial condition and results of operations for the period covered thereby of the Borrowers. All balance sheets, reports, Borrowing Base certificates, budgets, reconciliations, accounts receivable reports, and other financial information to be supplied to the Lender Group with respect to the Borrowers will be prepared in form acceptable to the Lender Group and, if applicable, in conformity with GAAP, and will present fairly the financial condition and results of operations for the period covered thereby of the Borrowers.
(b) None of the Borrowers has actual knowledge of any facts, other than those already disclosed in writing to the Lender Group that materially adversely affect or, in so far as can be foreseen, will materially adversely affect any Borrower's ability to perform such Borrower's obligations under this Third Amendment and other Loan Documents. After the Third Amendment Closing Date, the Borrowers will notify the Lender Group of any facts which became known to the Borrowers on or after the Third Amendment Closing Date which may materially adversely affect any Borrower's ability to perform such Borrower's obligations under this Third Amendment and other Loan Documents.
Financial Statements; Reporting. Borrower shall deliver or cause to be delivered to Agent or to Agent and Lenders, as indicated, the following:
Financial Statements; Reporting. (a) All balance sheets, reports, budgets, reconciliations, accounts receivable reports, and other financial information supplied to Administrative Agent by Borrower have been prepared in conformity with GAAP (excluding footnote disclosures on interim statements), and present fairly the financial condition and results of operations of Borrower for the period covered thereby.
(b) Borrower does not know of any facts that materially adversely affect or in so far as can be foreseen, will materially adversely affect its ability to perform its obligations under this Amendment and the documents executed in connection herewith.
Financial Statements; Reporting. Until payment in full of the Indebtedness, Borrower shall cause the following financial statements and information, with respect to a Reporting Company, in a form consistent with the reporting requirements pursuant to the securities laws applicable to any such Reporting Company and otherwise in a form satisfactory to Lender, to be delivered to Lender as and when hereinafter provided:
Financial Statements; Reporting. Borrower shall furnish or cause to be furnished to the Lender the following:
Financial Statements; Reporting. (a) All balance sheets, reports, budgets, reconciliations, accounts receivable reports, and other financial information prepared for and supplied to the Lender with respect to any Borrower will be prepared, if applicable, in conformity with GAAP, and will present fairly the financial condition and results of operations for the period covered thereby. Other financial information maintained in the ordinary course of any Borrower's business that shall be requested by the Lender or the Advisors shall conform to and be reflective of such Borrower's normal accounting procedures.
(b) Neither Borrower has any knowledge of any facts, other than those already disclosed in writing to the Lender that materially adversely affect or, in so far as can be foreseen, will materially adversely affect any Borrower's ability to perform its obligations under this Agreement and the Loan Documents. After the Agreement Closing Date, each Borrower will notify the Lender of any facts which became known to such Borrower on or after the Agreement Closing Date which may materially adversely affect any Borrower's ability to perform its obligations under this Agreement and the Loan Documents.
Financial Statements; Reporting. Provide to Bank all of the following, in form and detail satisfactory to Bank:
(a) not later than 120 days after and as of the end of each fiscal year, an audited financial statement of Borrower, prepared by a certified public accountant acceptable to Bank,
(b) not later than 30 days after and as of the end of each month, a financial statement of Borrower, prepared by Borrower, to include balance sheet and income statement;
(c) promptly upon their becoming available, copies of all registration statements and regular periodic or special reports that Borrower may make to, or file with, the Securities and Exchange Commission or any national securities exchange, including
(i) Form 10K, due within 120 days after and as of the of each fiscal year,
(ii) Form 10Q, due within 45 days after and as of the of each fiscal quarter, and
(iii) Form 8K, as and when filed;
(d) not later than 20 days after and as of the end of each month, a liquidity statement of Borrower, prepared by Borrower and certified by a senior financial officer of Borrower to be true and accurate, showing in such detail as Bank may reasonably request evidence of maintenance of the Minimum Liquidity Amount and the Minimum Xxxxx Fargo Liquidity Amount;
(e) contemporaneously with each annual, quarterly and monthly financial statements of Borrower required hereby, a certificate of the president or chief financial officer of Borrower (i) that the financial statements delivered pursuant thereto are accurate, (ii) that there exists no Event of Default nor any condition, act or event which with the giving of notice or the passage of time or both would constitute an Event of Default and (iii) that Borrower is in compliance with the applicable covenants set forth in Sections 5.6, 5.7 and 5.8 hereof, together with such calculations regarding such compliance therewith as Bank may reasonably request.
(f) from time to time such other information as Bank may reasonably request.
