Common use of Financial Statements, Reports and Certifications Clause in Contracts

Financial Statements, Reports and Certifications. Borrower will furnish to Lender, in form and substance satisfactory to Lender: (1) As soon as possible after the end of each fiscal year of Borrower, and in any event within ninety (90) Business Days thereafter, (i) a complete copy of its annual audit which shall include the balance sheet of Borrower as of the close of the fiscal year and an income statement for such year, certified by the Auditors without material qualification, (ii) a statement of changes in partners’ equity and cash flows for the period ended on such date, certified by the Auditors, and (iii) a statement certified by the chief financial officer of Borrower that no act or omission has occurred which has resulted in an Event or Default or, if not cured, remedied, waived or otherwise eliminated to the satisfaction of Lender, would result in an Event of Default; (2) No later than thirty (30) Business Days after the close of each Accounting Period, (i) Borrower’s balance sheet as of the close of such Accounting Period and its income statement for that portion of the then current fiscal year through the end of such Accounting Period prepared in accordance with GAAP and certified as being complete, correct, and fairly representing its financial condition and results of operations by the chief financial officer of Borrower, subject to the absence of footnotes and year-end adjustments, (ii) a statement of changes in equity and cash flows for the period ended on such date, certified by the chief financial officer of Borrower, (iii) the calculation of the Debt Service Coverage Ratio demonstrating compliance with Subsection 8.G. of this Agreement, together with any supporting calculations used to arrive at such calculation, certified by the chief financial officer of Borrower, and (iv) a completed Borrower’s Officer’s Compliance Certificate; (3) Promptly upon the filing or receiving thereof, copies of all reports which the Borrower files under ERISA or which the Borrower receives from the Pension Benefit Guaranty Corporation if such report shows any material violation or potential violation by the Borrower of its obligations under ERISA; and (4) Such other information concerning Borrower as Lender may reasonably request.

Financial Statements, Reports and Certifications. Borrower will furnish to Lender, in form and substance satisfactory to Lender: (1) As soon as possible after the end of each fiscal year of Borrower, and in any event within ninety (90) Business Days thereafter, (i) a complete copy of its annual audit which shall include the balance sheet of Borrower as of the close of the fiscal year and an income statement for such year, certified by the Auditors without material qualification, (ii) a statement of changes in partners’ ' equity and cash flows for the period ended on such date, certified by the Auditors, and (iii) a statement certified by the chief financial officer of Borrower that no act or omission has occurred which has resulted in an Event or Default or, if not cured, remedied, waived or otherwise eliminated to the satisfaction of Lender, would result in an Event of Default; (2) No later than thirty (30) Business Days after the close of each Accounting Period, (i) Borrower’s 's balance sheet as of the close of such Accounting Period and its income statement for that portion of the then current fiscal year through the end of such Accounting Period prepared in accordance with GAAP and certified as being complete, correct, and fairly representing its financial condition and results of operations by the chief financial officer of Borrower, subject to the absence of footnotes and year-end adjustments, (ii) a statement of changes in equity and cash flows for the period ended on such date, certified by the chief financial officer of Borrower, and (iii) the calculation of the Debt Service Coverage Ratio demonstrating compliance with Subsection 8.G. of this Agreement, together with any supporting calculations used to arrive at such calculation, certified by the chief financial officer of Borrower, and (iv) a completed Borrower’s 's Officer’s 's Compliance Certificate; (3) Promptly upon the filing or receiving thereof, copies of all reports which the Borrower files under ERISA or which the Borrower receives from the Pension Benefit Guaranty Corporation if such report shows any material violation or potential violation by the Borrower of its obligations under ERISA; and (4) Such other information concerning Borrower as Lender may reasonably request.

Financial Statements, Reports and Certifications. Borrower will furnish to Secured Lender, in form and substance satisfactory to Secured Lender: (1a) As soon as possible after the end of each fiscal year of Borrower, and in any event within ninety (90) Business Days thereafterdays after the end of each fiscal year, (i) a complete copy of its annual audit audited year-end financial statements which shall include the balance sheet of Borrower as of the close of the fiscal year and year, an income statement and a statement of cash flows for such year, audited by certified public accountants selected by the Auditors without material qualification, (ii) a statement of changes in partners’ equity Borrower and cash flows for the period ended on such date, certified by the Auditors, and (iii) a statement certified by the chief financial officer of Borrower that no act or omission has occurred which has resulted in an Event or Default or, if not cured, remedied, waived or otherwise eliminated satisfactory to the satisfaction of Secured Lender, would result in an Event of Default;. (2b) No later than thirty (30) Business Days days after the close end of each Accounting Periodmonth, (i) Borrower’s 's balance sheet as of the close of such Accounting Period that month and its income statement and cash flow statement for that portion of the then current fiscal year through the end of such Accounting Period month certified as being prepared in accordance with GAAP and certified as being complete, correct, and fairly representing its financial condition and results of operations generally accepted accounting principles by the chief financial officer of Borrower. (c) No later than ninety (90) days after the end of each fiscal year, subject Borrower's new budget or operating plan for the then current fiscal year. (d) No later than thirty (30) days after the end of each fiscal quarter, a certificate of the Borrower's chief financial officer, or other equivalent officer, stating that there are no defaults by the Borrower under any of its agreements with Secured Lender or describing any existing default(s) and specific action being taken to cure such default(s). The Borrower's chief financial officer, or other equivalent officer, will, within five days after Borrower's obtaining knowledge of the absence occurrence of footnotes and year-end adjustmentsan event of default under any of the foregoing, (ii) issue a statement of changes in equity describing the default, and cash flows for specific action being taken to cure the period ended on such date, certified default. (e) Promptly after receipt thereof provide all audit reports prepared by the chief financial officer Borrower's independent accountants, notice of Borrower, (iii) the calculation of the Debt Service Coverage Ratio demonstrating compliance with Subsection 8.G. of this Agreement, together with any supporting calculations used to arrive at such calculation, certified by the chief financial officer of Borrower, and (iv) a completed Borrower’s Officer’s Compliance Certificate; (3) Promptly upon the filing action or receiving thereofproceeding before any court or governmental agency, copies of all reports federal and state patent, trademark or copy right applications and registrations of the same, notice of any circumstance which may reasonably be expected to have a MAE on the Borrower files under ERISA or which the Borrower receives from the Pension Benefit Guaranty Corporation if Borrower, and promptly after request therefor such report shows any material violation or potential violation by the Borrower of its obligations under ERISA; and (4) Such other information concerning Borrower as Secured Lender may reasonably request. (f) Borrower shall also provide Secured Lender with copies of all press releases as soon as reasonably practicable after they are published. (g) For so long as Borrower is a company the stock of which is traded on a nationally recognized public stock exchange, unless otherwise requested by Secured Lender, Borrower's obligations under this Section 6.1 shall be satisfied by Borrower providing Secured Lender with all financial information filed with the Securities and Exchange Commission within five (5) days after each filing is made or is required to be made, and by providing Secured Lender with copies of all press releases as soon as reasonably practicable after they are published.

Financial Statements, Reports and Certifications. Borrower will furnish to Lender, in form and substance satisfactory to Lender: (1a) As soon as possible after the end of each fiscal year of Borrower, and in any event within ninety (90) Business Days thereafterdays after the end of each fiscal year, (i) a complete copy of its annual audit audited year-end financial statements which shall include the balance sheet of Borrower as of the close of the fiscal year and year, an income statement and a statement of cash flows for such year, audited by certified public accounts selected by the Auditors without material qualification, (ii) a statement of changes in partners’ equity Borrower and cash flows for the period ended on such date, certified by the Auditors, and (iii) a statement certified by the chief financial officer of Borrower that no act or omission has occurred which has resulted in an Event or Default or, if not cured, remedied, waived or otherwise eliminated satisfactory to the satisfaction of Lender, would result in an Event of Default;. (2b) No later than thirty (30) Business Days days after the close end of each Accounting Periodmonth, (i) Borrower’s 's balance sheet as of the close of such Accounting Period that month and its income statement and cash flow statement for that portion of the then current fiscal year through the end of such Accounting Period prepared in accordance with GAAP and month certified as being complete, correct, and fairly representing its financial condition and results of operations by the chief financial officer of Borrower. (c) No later than ninety (90) days after the end of each fiscal year, subject Borrower's new budget or operating plan for the then current fiscal year. (d) No later than thirty (30) days after the end of each month, a schedule of accounts payable and accounts receivable. (e) No later than thirty (30) days after the end of each fiscal quarter, a certificate of the Borrower's corporate controller, or other equivalent officer, stating that there are no defaults by the Borrower under any of its agreements with the Lender or under any third party loan or lease agreements or describing any such existing default(s) and specific action being taken to cure default(s). The Borrower's corporate controller, or other equivalent officer, will, within five days after the absence occurrence of footnotes and year-end adjustmentsan event of default under any of the foregoing, (ii) issue a statement of changes in equity describing the default, and cash flows for specific action being taken to cure the period ended on such date, certified default. (f) Promptly provide all audit reports prepared by the chief financial officer Borrower's independent accountants, notice of Borrower, (iii) the calculation of the Debt Service Coverage Ratio demonstrating compliance with Subsection 8.G. of this Agreement, together with any supporting calculations used to arrive at such calculation, certified by the chief financial officer of Borrower, and (iv) a completed Borrower’s Officer’s Compliance Certificate; (3) Promptly upon the filing action or receiving thereofpreceding before any court or governmental agency, copies of all reports federal and state patent, trademark or copy right applications and registrations of the same, notice of any circumstance which may reasonably be expected to have a material adverse effect on the Borrower files under ERISA or which Borrower, and such other information as the Borrower receives from the Pension Benefit Guaranty Corporation if such report shows any material violation or potential violation by the Borrower of its obligations under ERISA; andLender may reasonably request. (4g) Such other information concerning Borrower the COLLATERAL as Lender may reasonably request. (h) If Borrower becomes a company the stock of which is traded on a nationally recognized public stock exchange, Borrower's obligations hereunder shall be satisfied by providing Lessor with all financial information filed with the Securities and Exchange Commission within five (5) days of such filing, and by providing copies of all press releases as soon as they are published, and by providing, if requested in writing by Lender, all of the information described in paragraphs 4.1(a) and 4.1(b) within thirty (30) days of such written request.

Financial Statements, Reports and Certifications. Until payment in full of the Loan Obligations, Borrower will furnish to Lender, in form and substance satisfactory to Lender: (1a) As soon as possible after the end of each fiscal year of Borrower, and in any event within ninety (90) Business Days thereafterdays after the end of each fiscal year, (i) a complete copy of its annual audit audited year-end financial statements which shall include the balance sheet of Borrower as of the close of the fiscal year and year, an income statement and a statement of cash flows for such year, audited by certified public accounts selected by the Auditors without material qualification, (ii) a statement of changes in partners’ equity Borrower and cash flows for the period ended on such date, certified by the Auditors, and (iii) a statement certified by the chief financial officer of Borrower that no act or omission has occurred which has resulted in an Event or Default or, if not cured, remedied, waived or otherwise eliminated satisfactory to the satisfaction of Lender, would result in an Event of Default;. (2b) No later than thirty (30) Business Days days after the close end of each Accounting Periodmonth, (i) Borrower’s 's balance sheet as of the close of such Accounting Period that month and its income statement and cash flow statement for that portion of the then current fiscal year through the end of such Accounting Period prepared in accordance with GAAP and month certified as being complete, correct, and fairly representing its financial condition and results of operations by the chief financial officer of Borrower. (c) No later than ninety (90) days after the end of each fiscal year, subject Borrower's new budget or operating plan for the then current fiscal year. (d) No later than thirty (30) days after the end of each month, a schedule of accounts payable and accounts receivable. (e) No later than thirty (30) days after the end of each fiscal quarter, a certificate of the Borrower's corporate controller, or other equivalent officer, stating that there are no defaults by the Borrower under any of its agreements with the Lender or under any third party loan or lease agreements or describing any such existing default(s) and specific action being taken to cure default(s). The Borrower's corporate controller, or other equivalent officer, will, within five days after the absence occurrence of footnotes and year-end adjustmentsan event of default under any of the foregoing, (ii) issue a statement of changes in equity describing the default, and cash flows for specific action being taken to cure the period ended on such date, certified default. (f) Promptly provide all audit reports prepared by the chief financial officer Borrower's independent accountants, notice of Borrower, (iii) the calculation of the Debt Service Coverage Ratio demonstrating compliance with Subsection 8.G. of this Agreement, together with any supporting calculations used to arrive at such calculation, certified by the chief financial officer of Borrower, and (iv) a completed Borrower’s Officer’s Compliance Certificate; (3) Promptly upon the filing action or receiving thereofpreceding before any court or governmental agency, copies of all reports federal and state patent, trademark or copy right applications and registrations of the same, notice of any circumstance which may reasonably be expected to have a material adverse effect on the Borrower files under ERISA or which Borrower, and such other information as the Borrower receives from the Pension Benefit Guaranty Corporation if such report shows any material violation or potential violation by the Borrower of its obligations under ERISA; andLender may reasonably request. (4g) Such other information concerning Borrower the COLLATERAL as Lender may reasonably request. (h) If Borrower becomes a company the stock of which is traded on a nationally recognized public stock exchange, Borrower's obligations hereunder shall be satisfied by providing Lessor with all financial information filed with the Securities and Exchange Commission within five (5) days of such filing, and by providing copies of all press releases as soon as they are published, and by providing, if requested in writing by Lender, all of the information described in paragraphs 4.1(a) and 4.1(b) within thirty (30) days of such written request.

Financial Statements, Reports and Certifications. Borrower Debtor will furnish to LenderSecured Party, in form and substance satisfactory to LenderSecured Party: (1a) As soon as possible after the end of each fiscal year of BorrowerDebtor, and in any event within ninety (90) Business Days thereafter, (i) a complete copy of its annual audit audited year-end financial statements which shall include the balance sheet of Borrower Debtor as of the close of the fiscal year and year, an income statement and a statement of cash flows for such year, audited by certified public accountants selected by the Auditors without material qualification, (ii) a statement of changes in partners’ equity Debtor and cash flows for the period ended on such date, certified by the Auditors, and (iii) a statement certified by the chief financial officer of Borrower that no act or omission has occurred which has resulted in an Event or Default or, if not cured, remedied, waived or otherwise eliminated satisfactory to the satisfaction of Lender, would result in an Event of Default;Secured Party. (2b) No later than thirty (30) Business Days days after the close end of each Accounting Periodmonth, (i) Borrower’s Debtor's balance sheet as of the close of such Accounting Period that month and its income statement and cash flow statement for that portion of the then current fiscal year through the end of such Accounting Period month certified as being prepared in accordance with GAAP and certified as being complete, correct, and fairly representing its financial condition and results of operations generally accepted accounting principles by the chief financial officer of BorrowerDebtor. (c) Reports on receivable and payable agings, subject aged by invoice date, within 10 days after the end of each month (d) No later than ninety (90) days after the end of each fiscal year, Debtor's new budget or operating plan for the then current fiscal year. (e) No later than thirty (30) days after the end of each fiscal quarter, a certificate of the Debtor's chief financial officer, or other equivalent officer, stating that there are no defaults by the Debtor under any of its agreements with the Secured Party or describing any existing default(s) and specific action being taken to cure such default(s). The Debtor's chief financial officer, or other equivalent officer, will, within five days after Debtor's obtaining knowledge of the absence occurrence of footnotes and year-end adjustmentsan event of default under any of the foregoing, (ii) issue a statement of changes in equity describing the default, and cash flows for specific action being taken to cure the period ended on such date, certified default. (f) Promptly after receipt thereof provide all audit reports prepared by the chief financial officer Debtor's independent accountants, notice of Borrower, (iii) the calculation of the Debt Service Coverage Ratio demonstrating compliance with Subsection 8.G. of this Agreement, together with any supporting calculations used to arrive at such calculation, certified by the chief financial officer of Borrower, and (iv) a completed Borrower’s Officer’s Compliance Certificate; (3) Promptly upon the filing action or receiving thereofpreceding before any court or governmental agency, copies of all reports federal and state patent, trademark or copy right applications and registrations of the same, notice of any circumstance which may reasonably be expected to have a MAE on the Borrower files under ERISA or which the Borrower receives from the Pension Benefit Guaranty Corporation if Debtor, and promptly after request therefor such report shows any material violation or potential violation by the Borrower of its obligations under ERISA; and (4) Such other information concerning Borrower as Lender the Secured Party may reasonably request. (g) If Debtor becomes a company the stock of which is traded on a nationally recognized public stock exchange, Debtor's obligations hereunder shall be satisfied by providing Secured Party with all financial information filed with the Securities and Exchange Commission within five (5) days after each filing, and by providing copies of all press releases as soon as reasonably practicable after they are published, and by providing, if requested in writing by Secured Party, all of the information described in Sections 6.1(a) and 6.1(b) within thirty (30) days of such written request.