Financial Statements; Tax Returns. Borrower shall deliver or cause to be delivered to Lender: (a) Within ninety (90) days after the end of each fiscal year of Borrower, annual financial statements for Borrower for and as of the end of such year, including a balance sheet, a statement of income and expense, a cash flow statement and a rent roll for the Project, which shall be prepared on a compilation basis by the Controller of Cedar Operating Partnership and certified as true and correct by Cedar Operating Partnership; (b) Within ten (10) days after filing with the Securities Exchange Commission, any quarterly or annual report, or any interim Form 8-K, as the case may be, financial statements for Cedar REIT and Cedar Operating Partnership, on a consolidated basis, for and as of the end of such year, including a balance sheet, a statement of income and expense and a cash flow statement, prepared on a GAAP basis and audited by an independent certified public accounting firm acceptable to Lender; (c) Within ten (10) days after each filing of it to the Securities Exchange Commission, a copy of Cedar REIT's Form 10-K as so filed. (d) Within thirty (30) days after the end of each quarter-annual fiscal period of Borrower, a statement of income and expense, a rent roll and a security deposit inventory for the Project, which shall be prepared by management of Borrower and certified as true and correct by Cedar Operating Partnership, together with evidence of payment of all real estate taxes that became due and payable during such period; (e) Within thirty (30) days after the filing thereof, copies of federal and state income tax returns for Borrower and Guarantors, in each case certified as true and correct copies of such returns as filed by the preparer thereof. (f) Such other financial information regarding Borrower and Guarantors as Lender may reasonably request from time to time. All such financial information shall be in a form reasonably acceptable to Lender.
Appears in 2 contracts
Samples: Loan Agreement (Cedar Income Fund LTD /Md/), Loan Agreement (Cedar Income Fund LTD /Md/)
Financial Statements; Tax Returns. Borrower shall deliver or cause to be delivered to Lender:
(a) Within ninety (90) days after the end of each fiscal year of Borrower, annual financial statements for Borrower for and as of the end of such year, including a balance sheet, a statement of income and expense, a cash flow statement and a rent roll for the Project, which shall be prepared on a compilation basis by the Controller of Cedar Operating Partnership and certified as true and correct by Cedar Operating Partnership;
(b) Within ten (10) days after filing with the Securities Exchange Commission, any quarterly or annual report, or any interim Form 8-K, as the case may be, financial statements for Cedar REIT and Cedar Operating Partnership, on a consolidated basis, for and as of the end of such year, including a balance sheet, a statement of income and expense and a cash flow statement, prepared on a GAAP basis and audited by an independent certified public accounting firm acceptable to Lender;
(c) Within ten (10) days after each filing of it to the Securities Exchange Commission, a copy of Cedar REIT's Form 10-K as so filed.
(d) Within thirty (30) days after the end of each quarter-annual fiscal period of Borrower, a statement of income and expense, a rent roll and a security deposit inventory for the Project, which shall be prepared by management of Borrower and certified as true and correct by Cedar Operating Partnership, together with evidence of payment of all real estate taxes that became due and payable during such period;
(e) Within thirty (30) days after the filing thereof, copies of federal and state income tax returns for Borrower and Guarantors, in each case certified as true and correct copies of such returns as filed by the preparer thereof.
(f) Such other financial information regarding Borrower and Guarantors as Lender may reasonably request from time to time. All such financial information shall be in a form reasonably acceptable to Lender.
Appears in 1 contract
Financial Statements; Tax Returns. Borrower shall deliver or cause to be delivered to Lender:
(a) Within ninety (90) days after the end of each fiscal year of Borrower, : (i) annual financial statements for Borrower for and as of the end of such year, including a balance sheet, a statement of income and expense, a cash flow statement and a rent roll for the Project, which shall be prepared on a compilation basis by the Controller consist of Cedar Operating Partnership and certified as true and correct by Cedar Operating Partnership;
(b) Within ten (10) days after filing with the Securities Exchange Commission, any quarterly or annual report, or any interim Form 8-K, as the case may be, financial statements for Cedar REIT and Cedar Operating Partnership, on a consolidated basis, for and as of the end of such year, including a balance sheet, a statement of income and expense and a cash flow statementstatement for the Project, which shall be prepared on a GAAP basis by management of Borrower and audited shall be certified as true, correct, accurate and complete by an independent certified public accounting firm acceptable to Lender;
the Sole Member; (cii) Within ten (10) days after each filing of it to the Securities Exchange Commission, a copy of Cedar REIT's Form 10-K as so filed.
(d) Within thirty (30) days after the end of each quarter-annual fiscal period of Borrower, a statement of income and expense, a rent roll and a security deposit inventory for the Project, which shall be prepared by management of Borrower and certified as true true, correct, accurate and correct complete by Cedar Operating PartnershipSole Member; (iii) evidence of the insurance required by this Agreement; and (iv) if requested by Lender, together with evidence of payment of all real estate taxes that became due and payable during such period;.
(eb) On the earlier of (i) ninety (90) days after the end of each fiscal year of either Guarantor or (ii) ten (10) days after filing with the Securities and Exchange Commission, a copy of any and all Form 10-Ks filed by each Guarantor as so filed.
(c) Within ten (10) days after filing with the Securities and Exchange Commission, a copy of any and all Form 8-Ks filed by each Guarantor which describe a completed transaction, litigation or results of operations.
(d) Within thirty (30) days after the filing thereof, thereof copies of federal and state income tax returns for Borrower and Guarantorseach Guarantor, in each case certified as true and correct copies of such returns as filed by the preparer thereof.
(fe) Such other financial information regarding Borrower and Guarantors each Guarantor as Lender may reasonably request from time to time. All such financial information pursuant to (a) and (e) shall be in a form reasonably acceptable to Lender.. Back to Contents
Appears in 1 contract
Financial Statements; Tax Returns. Borrower shall deliver or cause to be delivered to Lender:
(a) Within ninety (90) days after the end of each fiscal year of Borrower, : (i) annual financial statements for Borrower for and as of the end of such year, including a balance sheet, a statement of income and expense, a cash flow statement and a rent roll for the Project, which shall be prepared on a compilation basis by the Controller consist of Cedar Operating Partnership and certified as true and correct by Cedar Operating Partnership;
(b) Within ten (10) days after filing with the Securities Exchange Commission, any quarterly or annual report, or any interim Form 8-K, as the case may be, financial statements for Cedar REIT and Cedar Operating Partnership, on a consolidated basis, for and as of the end of such year, including a balance sheet, a statement of income and expense and a cash flow statementstatement for the Project, which shall be prepared on a GAAP basis by management of Borrower and audited shall be certified as true, correct, accurate and complete by an independent certified public accounting firm acceptable to Lender;
the Sole Member; (cii) Within ten (10) days after each filing of it to the Securities Exchange Commission, a copy of Cedar REIT's Form 10-K as so filed.
(d) Within thirty (30) days after the end of each quarter-annual fiscal period of Borrower, a statement of income and expense, a rent roll and a security deposit inventory for the Project, which shall be prepared by management of Borrower and certified as true true, correct, accurate and correct complete by Cedar Operating PartnershipSole Member; (iii) evidence of the insurance required by this Agreement; and (iv) if requested by Lender, together with evidence of payment of all real estate taxes that became due and payable during such period;.
(eb) On the earlier of (i) ninety (90) days after the end of each fiscal year of either Guarantor or (ii) ten (10) days after filing with the Securities and Exchange Commission, a copy of any and all Form 10-Ks filed by each Guarantor as so filed.
(c) Within ten (10) days after filing with the Securities and Exchange Commission, a copy of any and all Form 8-Ks filed by each Guarantor which describe a completed transaction, litigation or results of operations.
(d) Within thirty (30) days after the filing thereof, thereof copies of federal and state income tax returns for Borrower and Guarantorseach Guarantor, in each case certified as true and correct copies of such returns as filed by the preparer thereof.
(fe) Such other financial information regarding Borrower and Guarantors each Guarantor as Lender may reasonably request from time to time. All such financial information pursuant to (a) and (e) shall be in a form reasonably acceptable to Lender.
Appears in 1 contract