Common use of Financial Statements; Required Notices; Certificates as to Default Clause in Contracts

Financial Statements; Required Notices; Certificates as to Default. Tenant shall deliver to Landlord and to each Participant of which Tenant has been notified: (i) as soon as available and in any event within one hundred twenty (120) days after the end of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants that Tenant delivers to its shareholders; (ii) as soon as available and in any event within sixty (60) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments), that Tenant delivers to its shareholders; (iii) together with the financial statements furnished in accordance with subparagraph 9.(w)(ii) and 9.(w)(i), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit E: (i) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default has occurred and is continuing, a brief statement as to the nature thereof and the action which is proposed to be taken with respect thereto, (ii) certifying that the representations of Tenant set forth in Paragraph 9 of this Lease are true and correct in all material respects as of the date thereof as though made on and as of the date thereof or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iii) with computations demonstrating compliance with the financial covenants contained in subparagraph 9.(ac); (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm)), which will result in a change in the Spread (as defined in subparagraph 1.(cm)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; (vi) as soon as possible and in any event within five (5) Business Days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default or Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af), a statement of a Responsible Financial Officer of Tenant setting forth details of such Default or Event of Default and the action which Tenant has taken and proposes to take with respect thereto; (vii) upon request by Landlord, a statement in writing certifying that this Lease is unmodified and in full effect (or, if there have been modifications, that this Lease is in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has been paid and either stating that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereof; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and by any Participant; and (viii) such other information respecting the condition or operations, financial or otherwise, of Tenant, of any of its Subsidiaries or of the Leased Property as Landlord or any Participant through Landlord may from time to time reasonably request. Landlord is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w) to any Participant and to any regulatory body having jurisdiction over Landlord that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant shall deliver to Landlord and to each Participant of which Tenant has been notified: : (i) as soon as available and in any event within one hundred twenty (120) days after the end of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants that Tenant delivers to its shareholders; ; (ii) as soon as available and in any event within sixty (60) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments), that Tenant delivers to its shareholders; ; (iii) together with the financial statements furnished in accordance with subparagraph 9.(w)(ii8.(w)(ii) and 9.(w)(i8.(w)(i), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit E: (i) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default has occurred and is continuing, a brief statement as to the nature thereof and the action which is proposed to be taken with respect thereto, (ii) certifying that the representations of Tenant set forth in Paragraph 9 8 of this Lease are true and correct in all material respects as of the date thereof as though made on and as of the date thereof or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iii) with computations demonstrating compliance with the financial covenants contained in subparagraph 9.(ac8.(ac); ; (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm1.(bo)), which will result in a change in the Spread (as defined in subparagraph 1.(cm1.(bo)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; ; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; ; (vi) as soon as possible and in any event within five (5) Business Days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default or Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af), a statement of a Responsible Financial Officer of Tenant setting forth details of such Default or Event of Default and the action which Tenant has taken and proposes to take with respect thereto; ; (vii) upon request by Landlord, a statement in writing certifying that this Lease is unmodified and in full effect (or, if there have been modifications, that this Lease is in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has been paid and either stating that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereof; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and by any Participant; and and (viii) such other information respecting the condition or operations, financial or otherwise, of Tenant, of any of its Subsidiaries or of the Leased Property as Landlord or any Participant through Landlord may from time to time reasonably request. Landlord is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w8.(w) to any Participant and to any regulatory body having jurisdiction over Landlord that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant (b) Financial Statements; Required Notices; Certificates as to Default. To the extent not so delivered by Guarantor, FCI shall deliver to Landlord BNPLC and to each Participant of which Tenant FCI has been notified: : (i) as soon as available copies of all financial statements, certificates, notices and in any event within one hundred twenty (120) days after the end other information that Guarantor is required to provide by Part 2 of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as Schedule A attached to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject Guaranty prior to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants that Tenant delivers to its shareholders; deadlines for delivery established thereunder; (ii) as soon as available and in any event within sixty (60) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments), that Tenant delivers to its shareholders; (iii) together with the annual and quarterly financial statements furnished in accordance with subparagraph 9.(w)(ii) and 9.(w)(i16.(b)(i), a certificate of a Responsible Financial Officer of Tenant Guarantor in substantially the form attached hereto as Exhibit E: G certifying (ia) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease or material Default by FCI has occurred and is continuing (or, if a Default or an Event of Default or material Default by FCI has occurred and is continuingoccurred, a brief statement as to stating the nature thereof and the action which is proposed FCI proposes to be taken take with respect thereto), (iib) certifying that the representations of Tenant set forth and warranties by Guarantor and FCI contained in Paragraph 9 of the provisions referenced in Exhibit G from this Lease Lease, the other Operative Documents and the Guaranty are true and correct in all material respects on and as of the date thereof of such certificate as though made on and as of the date thereof such date, or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iiic) with the accuracy of computations attached thereto demonstrating compliance by Guarantor with the financial covenants contained established in subparagraph 9.(ac); Schedule A attached to the Guaranty; (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm)), which will result in a change in the Spread (as defined in subparagraph 1.(cm)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; (viiii) as soon as possible and in any event within five days after the occurrence of each Event of Default or material Default known to a Responsible Financial Officer of Guarantor, a statement 31 38 setting forth details of such Event of Default or material Default and the action which FCI has taken and proposes to take with respect thereto; (5iv) Business Days as soon as practicable and in any event within thirty days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default FCI knows or has reason to know that any ERISA Termination Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af)any Plan has occurred, a statement of a Responsible Financial Officer of Tenant setting forth details of FCI describing such Default or ERISA Termination Event of Default and the action action, if any, which Tenant has taken and FCI proposes to take with respect thereto; ; (viiv) upon request by LandlordBNPLC, a statement by FCI and Guarantor in writing certifying that this Lease is and the Guaranty are unmodified and in full effect (or, if there have been modifications, that this Lease is and the Guaranty are in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has Rent, Commitment Fees and Administrative Agency Fees have been paid and either stating that to the knowledge of Tenant no Default default exists hereunder or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereofspecifying each such default; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and or any prospective Participant; (vi) promptly after any change in the rating of the Index Debt of Guarantor by any ParticipantS&P or Moodx'x, xxich will result in a change in the Spread (as defined in the List of Defined Terms), a certificate of a Responsible Financial Officer of Guarantor advising BNPLC of the ratings after the change; and and (viiivii) such other information respecting the condition or operations, financial or otherwise, of TenantFCI, of any of its Subsidiaries Affiliates or of the Leased Property as Landlord BNPLC or any Participant through Landlord may from time to time reasonably request. Landlord BNPLC is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w16.(b) to any Participant and to any regulatory body having jurisdiction over Landlord BNPLC, BNPLC's Parent or any other Participant that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant To the extent not so delivered by Guarantor, SGC shall deliver to Landlord BNPLC and to each Participant of which Tenant SGC has been notified: : (i) as soon as available copies of all financial statements, certificates, notices and in any event within one hundred twenty (120) days after the end other information that Guarantor is required to provide by Part 2 of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as Schedule A attached to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject Guaranty prior to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants that Tenant delivers to its shareholders; deadlines for delivery established thereunder; (ii) as soon as available and in any event within sixty (60) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments), that Tenant delivers to its shareholders; (iii) together with the annual and quarterly financial statements furnished in accordance with subparagraph 9.(w)(ii) and 9.(w)(i16.(b)(i), a certificate of a Responsible Financial Officer of Tenant Guarantor in substantially the form attached hereto as Exhibit E: G certifying (ia) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease or material Default by SGC has occurred and is continuing (or, if a Default or an Event of Default or material Default by SGC has occurred and is continuingoccurred, a brief statement as to stating the nature thereof and the action which is proposed SGC proposes to be taken take with respect thereto), (iib) certifying that the representations of Tenant set forth and warranties by Guarantor and SGC contained in Paragraph 9 of the provisions referenced in Exhibit G from this Lease Lease, the other Operative Documents and the Guaranty are true and correct in all material respects on and as of the date thereof of such certificate as though made on and as of the date thereof such date, or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iiic) with the accuracy of computations attached thereto demonstrating compliance by Guarantor with the financial covenants contained established in subparagraph 9.(ac); Schedule A attached to the Guaranty; (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm)), which will result in a change in the Spread (as defined in subparagraph 1.(cm)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; (viiii) as soon as possible and in any event within five days after the occurrence of each Event of Default or material Default known to a Responsible Financial Officer of Guarantor, a statement setting forth details of such Event of Default or material Default and the action which SGC has taken and proposes to take with respect thereto; (5iv) Business Days as soon as practicable and in any event within thirty days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default SGC knows or has reason to know that any ERISA Termination Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af)any Plan has occurred, a statement of a Responsible Financial Officer of Tenant setting forth details of SGC describing such Default or ERISA Termination Event of Default and the action action, if any, which Tenant has taken and SGC proposes to take with respect thereto; ; (viiv) upon request by LandlordBNPLC, a statement by SGC and Guarantor in writing certifying that this Lease is and the Guaranty are unmodified and in full effect (or, if there have been modifications, that this Lease is and the Guaranty are in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has Rent, Commitment Fees and Administrative Agency Fees have been paid and either stating that to the knowledge of Tenant no Default default exists hereunder or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereofspecifying each such default; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and or any prospective Participant; (vi) promptly after any change in the rating of the Index Debt of Guarantor by any ParticipantS&P or Moodx'x, xxich will result in a change in the Spread (as defined in the List of Defined Terms), a certificate of a Responsible Financial Officer of Guarantor advising BNPLC of the ratings after the change; and and (viiivii) such other information respecting the condition or operations, financial or otherwise, of TenantSGC, of any of its Subsidiaries Affiliates or of the Leased Property as Landlord BNPLC or any Participant through Landlord may from time to time reasonably request. Landlord BNPLC is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w16.(b) to any Participant and to any regulatory body having jurisdiction over Landlord BNPLC, BNPLC's Parent or any other Participant that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant shall deliver to Landlord and to each Participant of which Tenant has been notified: (i) as soon as available and in any event within one hundred twenty (120) days after the end of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants that Tenant delivers to its shareholders; (ii) as soon as available and in any event within sixty (60) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments), that Tenant delivers to its shareholders; (iii) together with the financial statements furnished in accordance with subparagraph 9.(w)(ii8.(w)(ii) and 9.(w)(i8.(w)(i), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit E: (i) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default has occurred and is continuing, a brief statement as to the nature thereof and the action which is proposed to be taken with respect thereto, (ii) certifying that the representations of Tenant set forth in Paragraph 9 8 of this Lease are true and correct in all material respects as of the date thereof as though made on and as of the date thereof or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iii) with computations demonstrating compliance with the financial covenants contained in subparagraph 9.(ac8.(ac); (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm1.(bo)), which will result in a change in the Spread (as defined in subparagraph 1.(cm1.(bo)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; (vi) as soon as possible and in any event within five (5) Business Days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default or Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af), a statement of a Responsible Financial Officer of Tenant setting forth details of such Default or Event of Default and the action which Tenant has taken and proposes to take with respect thereto; (vii) upon request by Landlord, a statement in writing certifying that this Lease is unmodified and in full effect (or, if there have been modifications, that this Lease is in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has been paid and either stating that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereof; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and by any Participant; and (viii) such other information respecting the condition or operations, financial or otherwise, of Tenant, of any of its Subsidiaries or of the Leased Property as Landlord or any Participant through Landlord may from time to time reasonably request. Landlord is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w8.(w) to any Participant and to any regulatory body having jurisdiction over Landlord that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant shall deliver to Landlord and to each Participant of which Tenant has been notified: (i) as soon as available and in any event within one hundred twenty (120) days after the end of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants that Tenant delivers to its shareholders; (ii) as soon as available and in any event within sixty (60) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments), that Tenant delivers to its shareholders; (iii) together with the financial statements furnished in accordance with subparagraph 9.(w)(ii) and 9.(w)(i), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit E: (i) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default has occurred and is continuing, a brief statement as to the nature thereof and the action which is proposed to be taken with respect thereto, (ii) certifying that the representations of Tenant set forth in Paragraph 9 of this Lease are true and correct in all material respects as of the date thereof as though made on and as of the date thereof or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iii) with computations demonstrating compliance with the financial covenants contained in subparagraph 9.(ac); (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Xxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm1.(cn)), which will result in a change in the Spread (as defined in subparagraph 1.(cm1.(cn)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; (vi) as soon as possible and in any event within five (5) Business Days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default or Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af), a statement of a Responsible Financial Officer of Tenant setting forth details of such Default or Event of Default and the action which Tenant has taken and proposes to take with respect thereto; (vii) upon request by Landlord, a statement in writing certifying that this Lease is unmodified and in full effect (or, if there have been modifications, that this Lease is in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has been paid and either stating that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereof; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and by any Participant; and (viii) such other information respecting the condition or operations, financial or otherwise, of Tenant, of any of its Subsidiaries or of the Leased Property as Landlord or any Participant through Landlord may from time to time reasonably request. Landlord is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w) to any Participant and to any regulatory body having jurisdiction over Landlord that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant Electroglas shall deliver to Landlord BNPLC and to each Participant of which Tenant Electroglas has been notified: : (i) as soon as available and in any event within one hundred twenty (120) sixty days after the end of each of the first three fiscal quarters of each fiscal year of TenantElectroglas, a the unaudited consolidated balance sheet of Tenant Electroglas and its consolidated Subsidiaries as of the end of such quarter and consolidated unaudited statements of income, stockholders' equity and cash flow of Electroglas and its Subsidiaries for the period commencing at the end of the previous fiscal year and a consolidated income statement and statement ending with the end of cash flows of Tenant and its consolidated Subsidiaries such quarter, setting forth in comparative form figures for such the corresponding period in the preceding fiscal year, in the case of such statements of income, stockholders' equity and cash flow, and figures for the preceding fiscal year in the case of such balance sheet, all in reasonable detail and all prepared detail, in accordance with GAAP GAAP, and accompanied certified in a manner acceptable to BNPLC by a report and opinion Responsible Financial Officer of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be Electroglas (subject to any qualifications or exceptions as to the scope of the audit nor to any qualification or exception which Landlord determinesnormal year-end adjustments); provided, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant Electroglas is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant Electroglas shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant if Electroglas delivers to Landlord BNPLC the same annual report and report and opinion quarterly reports, certified by a Responsible Financial Officer of accountants Electroglas (subject to year-end adjustments), that Tenant Electroglas delivers to its shareholders; ; (ii) as soon as available and in any event within sixty (60) one hundred twenty days after the end of each of the first three quarters of each fiscal year of TenantElectroglas, the consolidated balance sheet of Tenant Electroglas and its consolidated Subsidiaries as of the end of such quarter fiscal year and the consolidated income statement statements of income, stockholders' equity and the consolidated statement cash flow of cash flows of Tenant Electroglas and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarterfiscal year, setting forth in comparative form figures for the preceding fiscal year, all in reasonable detail and all prepared detail, in accordance with GAAP GAAP, and certified in a manner acceptable to BNPLC by a Responsible Financial Officer Ernst & Young or other independent public accountants of Tenant (subject recognized national standing reasonably acceptable to year-end adjustments)BNPLC; provided provided, that notwithstanding the foregoing, for so long as Tenant Electroglas is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant Electroglas shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant if Electroglas delivers to Landlord BNPLC the same quarterly reports, certified by a Responsible Financial Officer annual report and report and opinion of Tenant (subject to year-end adjustments), accountants that Tenant Electroglas delivers to its shareholders; ; (iii) together with the financial statements furnished in accordance with subparagraph 9.(w)(ii) 0 and 9.(w)(i)0, a certificate of a Responsible Financial Officer of Tenant Electroglas in substantially the form of certificate attached hereto as Exhibit E: 0 (ia) certifying representing and warranting on behalf of Electroglas that to the knowledge of Tenant no Default or Event of Default under this Lease or material Default by Electroglas has occurred and is continuing (or, if a Default or an Event of Default or material Default by Electroglas has occurred and is continuingoccurred, a brief statement as to stating the nature thereof and the action which is proposed Electroglas proposes to be taken take with respect thereto), and (iib) certifying stating on behalf of Electroglas that the representations of Tenant set forth in Paragraph 9 of this Lease and warranties by Electroglas contained herein are true and correct in all material respects on and as of the date thereof of such certificate as though made on and as of the such date thereof or(or if not, if a detailed description of how and why any such representations or warranties are not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iii) with computations demonstrating compliance with the financial covenants contained in subparagraph 9.(ac); ; (iv) promptly as soon as possible and in any event within five days after any change in the rating occurrence of Tenant's senior, unsecured debt by Standard and Poor's Corporation each Event of Default or Mxxxx'x Investor Service, Inc. or in Tenant's Debt material Default known to Capital Ratio (as defined in subparagraph 1.(cm)), which will result in a change in the Spread (as defined in subparagraph 1.(cm)), a certificate of a Responsible Financial Officer of Tenant in substantially Electroglas, a statement of Electroglas setting forth details of such Event of Default or material Default and the form attached hereto as Exhibit F action which Electroglas has taken and proposes to take with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; respect thereto; (v) promptly after the sending or filing thereof, copies of all proxy such financial statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; proxy (vi) as soon as possible practicable and in any event within five (5) Business Days thirty days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default Electroglas knows or has reason to know that any ERISA Termination Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af)any Plan has occurred, a statement of a Responsible Financial Officer of Tenant setting forth details of Electroglas describing such Default or ERISA Termination Event of Default and the action action, if any, which Tenant has taken and Electroglas proposes to take with respect thereto; ; (vii) upon request by LandlordBNPLC, a statement in writing certifying that this Lease is unmodified and in full effect (or, if there have been modifications, that this Lease is in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has Rent, Administrative Fees and Commitment Fees have been paid and either stating that to the knowledge of Tenant no Default default exists hereunder or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereofspecifying each such default; it being intended that any such statement by Tenant Electroglas may be relied upon by any prospective purchaser or mortgagee of the Leased Property and by or any prospective Participant; and and (viii) subject to Paragraph 0, such other information respecting the condition or operations, financial or otherwise, of TenantElectroglas, of any of its Subsidiaries or of the Leased Property as Landlord BNPLC or any Participant through Landlord may from time to time reasonably request. Landlord BNPLC is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w) 0 to any Participant and to any regulatory body having jurisdiction over Landlord BNPLC, BNPLC's Parent or any other Participant that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant To the extent not so delivered by Guarantor, Solectron shall deliver to Landlord BNPLC and to each Participant of which Tenant Solectron has been notified: : (i) as soon as available copies of all financial statements, certificates, notices and in any event within one hundred twenty (120) days after the end other information that Guarantor is required to provide by Part 2 of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as Schedule A attached to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject Guaranty prior to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants that Tenant delivers to its shareholders; deadlines for delivery established thereunder; (ii) as soon as available and in any event within sixty (60) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments), that Tenant delivers to its shareholders; (iii) together with the annual and quarterly financial statements furnished in accordance with subparagraph 9.(w)(ii) and 9.(w)(i16.(b)(i), a certificate of a Responsible Financial Officer of Tenant Guarantor in substantially the form attached hereto as Exhibit E: J certifying (ia) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease or material Default by Solectron has occurred and is continuing (or, if a Default or an Event of Default or material Default by Solectron has occurred and is continuingoccurred, a brief statement as to stating the nature thereof and the action which is proposed Solectron proposes to be taken take with respect thereto), (iib) certifying that the representations of Tenant set forth and warranties by Guarantor and Solectron contained in Paragraph 9 of the provisions referenced in Exhibit J from this Lease Lease, the Closing Certificate, the Purchase Agreement and the Guaranty are true and correct in all material respects on and as of the date thereof of such certificate as though made on and as of the date thereof such date, or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iiic) with the accuracy of computations attached thereto demonstrating compliance by Guarantor with the financial covenants contained established in subparagraph 9.(ac); Schedule A attached to the Guaranty; (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm)), which will result in a change in the Spread (as defined in subparagraph 1.(cm)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; (viiii) as soon as possible and in any event within five days after the occurrence of each Event of Default or material Default known to a Responsible Financial Officer of Guarantor, a statement setting forth details of such Event of Default or material Default and the action which Solectron has taken and proposes to take with respect thereto; (5iv) Business Days as soon as practicable and in any event within thirty days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default Solectron knows or has reason to know that any ERISA Termination Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae) or the Negative Covenants described in subparagraph 9.(af)any Plan has occurred, a statement of a Responsible Financial Officer of Tenant setting forth details of Solectron describing such Default or ERISA Termination Event of Default and the action action, if any, which Tenant has taken and Solectron proposes to take with respect thereto; ; (viiv) upon request by LandlordBNPLC, a statement by Solectron and Guarantor in writing certifying that this Lease is and the Guaranty are unmodified and in full effect (or, if there have been modifications, that this Lease is and the Guaranty are in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has Rent, Commitment Fees and Administrative Agency Fees have been paid and either stating that to the knowledge of Tenant no Default default exists hereunder or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereofspecifying each such default; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and or any prospective Participant; (vi) promptly after any change in the rating of the Index Debt of Guarantor by any ParticipantS&P or Moodx'x, xxich will result in a change in the Spread (as defined in the List of Defined Terms), a certificate of a Responsible Financial Officer of Guarantor advising BNPLC of the ratings after the change; and and (viiivii) such other information respecting the condition or operations, financial or otherwise, of TenantSolectron, of any of its Subsidiaries Affiliates or of the Leased Property as Landlord BNPLC or any Participant through Landlord may from time to time reasonably request. Landlord BNPLC is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w16.(b) to any Participant and to any regulatory body having jurisdiction over Landlord BNPLC, BNPLC's Parent or any other Participant that requires or requests it.

Financial Statements; Required Notices; Certificates as to Default. Tenant shall deliver to Landlord and to each Participant of which Tenant has been notified: : (i) as soon as available and in any event within one hundred twenty (120100) days after the end of each fiscal year of Tenant, a consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such fiscal year and a consolidated income statement and statement of cash flows of Tenant and its consolidated Subsidiaries for such fiscal year, all in reasonable detail and all prepared in accordance with GAAP and accompanied by a report and opinion of accountants independent auditors of national standing selected by Tenant, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not be subject to any qualifications or exceptions as to the scope of the audit nor to any qualification or exception which Landlord determines, in Landlord's reasonable discretion, is unacceptable; provided that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (i) so long as Tenant delivers to Landlord the same annual report and report and opinion of accountants independent auditors that Tenant delivers to its shareholders; stockholders; (ii) as soon as available and in any event within sixty fifty (6050) days after the end of each of the first three quarters of each fiscal year of Tenant, the consolidated balance sheet of Tenant and its consolidated Subsidiaries as of the end of such quarter and the consolidated income statement and the consolidated statement of cash flows of Tenant and its consolidated Subsidiaries for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, all in reasonable detail and all prepared in accordance with GAAP and certified by a Responsible Financial Officer of Tenant (subject to year-end adjustments); provided provided, that notwithstanding the foregoing, for so long as Tenant is a company subject to the periodic reporting requirements of Section 12 of the Securities Exchange Act of 1934, as amended, Tenant shall be deemed to have satisfied its obligations under this clause (ii) so long as Tenant delivers to Landlord the same quarterly reports, certified by a Responsible Financial Officer of Tenant (subject to yearForm SEC 10-end adjustments), that Tenant delivers to its shareholders; Q filed with the Securities and Exchange Commission; (iii) together with the financial statements furnished in accordance with subparagraph 9.(w)(ii8.(w)(ii) and 9.(w)(i8.(w)(i), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit E: (i) certifying that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default has occurred and is continuing, a brief statement as to the nature thereof and the action which is proposed to be taken with respect thereto, (ii) certifying that the representations of Tenant set forth in Paragraph 9 8 of this Lease are true and correct in all material respects as of the date thereof as though made on and as of the date thereof or, if not then true and correct, a brief statement as to why such representations are no longer true and correct, and (iii) with computations demonstrating compliance with the financial covenants contained in subparagraph 9.(ac8.(cc); ; (iv) promptly after any change in the rating of Tenant's senior, unsecured debt by Standard and Poor's Corporation or Mxxxx'x Investor Service, Inc. or in Tenant's Debt to Capital Ratio (as defined in subparagraph 1.(cm)), which will result in a change in the Spread (as defined in subparagraph 1.(cm)), a certificate of a Responsible Financial Officer of Tenant in substantially the form attached hereto as Exhibit F with computations evidencing Tenant's calculation of the Spread after giving effect to such changes; (v) promptly after the sending or filing thereof, copies of all proxy statements, financial statements statements, reports and reports which Tenant sends to Tenant's stockholders, and copies of all regular, periodic and special reports, and all registration statements (other than registration statements on Form S-8 or any form substituted therefor) which Tenant files with the Securities and Exchange Commission or any governmental authority which may be substituted therefor, or with any national securities exchange; ; (viv) as soon as possible and in any event within five (5) Business Days after a Responsible Financial Officer of Tenant becomes aware of the occurrence of each Default or Event of Default with respect to the Affirmative Financial Covenants described in subparagraph 9.(ae8.(cc) or the Negative Covenants described in subparagraph 9.(af8.(dd), a statement of a Responsible Financial Officer of Tenant setting forth details of such Default or Event of Default and the action which Tenant has taken and proposes to take with respect thereto; ; (viivi) upon request by Landlord, a statement in writing certifying that this Lease is unmodified and in full effect (or, if there have been modifications, that this Lease is in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent has been paid and either stating that to the knowledge of Tenant no Default or Event of Default under this Lease has occurred and is continuing or, if a Default or Event of Default under this Lease has occurred and is continuing, a brief statement as to the nature thereof; it being intended that any such statement by Tenant may be relied upon by any prospective purchaser or mortgagee of the Leased Property and by any Participant; and and (viiivii) such other information respecting the condition or operations, financial or otherwise, of Tenant, of any of its Subsidiaries or of the Leased Property as Landlord or any Participant through Landlord may from time to time reasonably request. Landlord is hereby authorized to deliver a copy of any information or certificate delivered to it pursuant to this subparagraph 9.(w8.(w) to any Participant and to any regulatory body having jurisdiction over Landlord that requires or requests it.