Furnishing Financial Statements. Furnish or cause to be furnished to the Administrative Agent:
(a) as soon as available, but in any event not later than 90 days (or such earlier date mandated by the SEC) after the close of each fiscal year of the Parent, a copy of the annual audit report for such year for the Parent and its consolidated Subsidiaries, including therein a consolidated balance sheet of the Parent and its consolidated Subsidiaries as at the end of such fiscal year, and related consolidated statements of income and retained earnings and changes in cash flows of the Parent and its consolidated Subsidiaries for such fiscal year, all in reasonable detail, prepared in accordance with GAAP applied on a basis consistently maintained throughout the period involved and with the prior year with such changes thereon as shall be approved by the Parent’s independent certified public accountants, such financial statements to be certified by Xxxxx Xxxxxxxx LLP or other nationally recognized independent certified public accountants selected by the Parent and reasonably acceptable to the Administrative Agent, without a “going concern” or like qualification or exception or qualification arising out of the scope of the audit;
(b) as soon as available, but in any event not later than 45 days after the end of each fiscal quarter of the Parent (other than the last fiscal quarter), unaudited consolidated financial statements of the Parent and its consolidated Subsidiaries, including therein (i) a consolidated balance sheet of the Parent and its consolidated Subsidiaries as at the end of such fiscal quarter, (ii) the related consolidated statements of income and retained earnings of the Parent and its consolidated Subsidiaries, and (iii) the related consolidated statement of changes in cash flows of the Parent and its consolidated Subsidiaries all for the period from the beginning of such fiscal quarter to the end of such fiscal quarter and the portion of the fiscal year through the end of such quarter setting forth in each case in comparative form the corresponding figures for the like period of the preceding fiscal year; all in reasonable detail, prepared in accordance with GAAP applied on a basis consistently maintained throughout the period involved and with prior periods (except for the absence of footnotes and subject to year-end adjustments) and accompanied by a certificate of a Responsible Officer of the Parent stating that the financial statements fairly present the financial condition of t...
Furnishing Financial Statements. In order to induce Landlord to enter into this Lease, and at any time during the Term, Tenant agrees that it shall furnish to Landlord within 15 days, upon Landlord’s written request, with annual financial statements reflecting Tenant’s current financial condition. Tenant represents and warrants that all financial statements, records and information furnished by Tenant to Landlord in connection with the Lease are true, correct and complete in all respects as of the date of delivery.
Furnishing Financial Statements. In order to induce Landlord to enter into this Lease, and at any time during the Term, Tenant agrees that it shall promptly furnish Landlord, upon Landlord’s written request, with annual financial statements reflecting Tenant’s current financial condition, which Landlord shall maintain strictly confidential, and shall not disclose to any other party other than as required by applicable law, in any litigation between Landlord and Tenant, and/or to Landlord’s attorneys, accountants, investors, lenders and advisors, who shall be obligated to maintain such confidentiality. Tenant represents and warrants that all financial statements, records and information furnished by Tenant to Landlord in connection with the Lease are true, correct and complete in all respects as of the date of delivery.
Furnishing Financial Statements. At such time that Tenant is not a publicly traded company, Tenant agrees that it shall promptly furnish any potential purchaser of the Premises and/or Landlord’s lender with financial statements reflecting Tenant’s current financial condition; provided, however, that (i) Tenant’s obligation to provide such financial statements shall not exceed two (2) times in any twelve month period, (ii) Tenant shall not be required to prepare updated financial statements from Tenant’s most recent prepared statements and (iii) the proposed recipient of such financial statements agrees to execute a commercially reasonable non-disclosure agreement.
Furnishing Financial Statements. In order to induce Landlord to enter into this Lease, and at any time during the Term, Tenant agrees that it shall promptly furnish Landlord, upon Landlord's written request, with annual financial statements reflecting Tenant's current financial condition. Tenant represents and warrants that all financial statements, records and information furnished by Tenant to Landlord in connection with the Lease are true, correct and complete in all respects as of the date of delivery.
Furnishing Financial Statements. The Borrower shall furnish to the Fund (A) as soon as possible, but in no event later than 90 days after the end of its financial year, a balance sheet of the Borrower as at the end of such year together with a profit and loss account of the Borrower covering such year and such balance sheet and profit and loss account shall be certified by independent auditors selected by the Borrower and satisfactory to the Fund; (B) within 30 days after the end of each period of three months from the date hereof, interim financial statements including a statement of the application of all amounts disbursed by the Fund; (C) forthwith upon request from the Fund such further financial and other information and documents concerning the affairs and financial conditions of the project or the Borrower as the Fund may from time to time request.
Furnishing Financial Statements. Borrower shall furnish to Lender or cause to be furnished to Lender:
(a) Within one hundred (100) days after the end of each calendar year, (i) consolidated financial statements of Borrower and its Subsidiaries including a profit and loss statement, statement of changes in stockholder's equity and statement of cash flows for such year and a balance sheet as of the last day of such year, which statements shall be prepared in accordance with generally accepted accounting principles consistently applied, and accompanied by the audit report of Borrower's independent auditors (without a "going concern" or like qualification or exception and without any non-ordinary course qualification or exception as to the scope of such audit), (ii) for its Material Subsidiaries audited financial statements including a profit and loss statement, statement of changes in stockholder's equity, and statement of cash flows for such year and balance sheet as of the last day of such year, which statements shall be prepared in accordance with generally accepted accounting principles consistently applied, and accompanied by the audit report of Borrower's independent auditors (without a "going concern" or like qualification or exception), together with, in the case of Material Subsidiaries that are registered broker-dealers with the Securities and Exchange Commission ("SEC") such firm's letter to management, report on internal accounting control required by SEC Rule 17a-5, and computation of net capital under SEC Rule 15c3, (iii) for each of the Borrower's other Material Subsidiaries, unaudited financial statements including a profit and loss statement, statement of changes in stockholder's equity, and statement of cash flows for such year and balance sheet as of the last day of such year, which statements shall be prepared in accordance with generally accepted accounting principles consistently applied, excluding footnotes.
(b) Within fifty five (55) business days after the end of each calendar quarter, (i) an unaudited profit and loss statement, statement of changes in shareholder's equity, and statement of cash flows of Borrower and its Material Subsidiaries for such quarter and balance sheet of Borrower and its Material Subsidiaries as of the last day of such quarter, which statements shall be prepared in accordance with generally accepted accounting principles consistently applied, excluding footnotes and subject only to normal year-end audit adjustments, and (ii) Borrower's inter...
Furnishing Financial Statements. In order to induce Landlord to enter into this Lease, prior to the Commencement Date, Tenant agrees that it shall promptly furnish Landlord and Landlord's lender, from time to time, upon Landlord's written request, with financial statements (if Tenant is a public traded company, such obligation shall be limited to information available to the public) reflecting Tenant's current financial condition. Tenant represents and warrants that all financial statements, records and information furnished by Tenant to Landlord and Landlord's lender in connection with the Lease are true, correct and complete in all respects.
Furnishing Financial Statements. In order to induce Landlord to enter into this Lease, prior to the Commencement Date, Tenant agrees that it shall promptly furnish Landlord, from time to time, upon Landlord’s written request, with financial statements reflecting Tenant’s current financial condition. Tenant represents and warrants that all financial statements, records and information furnished by Tenant to Landlord in connection with the Lease are, to the best of Tenant’s knowledge, true, correct and complete in all material respects. Such financial statements need not be audited or prepared or reviewed by an accountant. Landlord agrees to treat such financial statements as confidential and to disclose them only as necessary in connection with Landlord’s ownership or sale of the Project or encumbering of Landlord’s interests in the Project to secure Landlord’s obligation to repay borrowed funds.
Furnishing Financial Statements. In order to induce Landlord to enter into this Lease, prior to the Commencement Date, Tenant agrees that it shall promptly furnish Landlord and Landlord’s lender, from time to time, but in no event more often than two (2) times in any single calendar year, upon Landlord’s written request, with financial statements reflecting Tenant’s current financial condition. Tenant represents and warrants that all financial statements, records and information furnished by Tenant to Landlord and Landlord’s lender in connection with the Lease are true, correct and complete in all respects. Landlord will maintain Tenant’s financial statements and other financial information in strict confidence, will not use that information for any purpose other than for review by Landlord or by any Lienholder or any prospective purchaser of the Building and/or Project that has agreed in writing to maintain Tenant’s financial statements and other financial information in strict confidence in connection with this Lease, and will not provide such information to any other third party without Tenant’s prior written consent and subject to the terms of this Section 41(y).
