Information and Audit Cooperation. Within 75 days after the Closing Date, Seller, at Purchaser’s sole cost and expense and at no cost or expense to Seller, shall allow Purchaser’s auditors access to the books and records of Seller relating to the operation of the Properties for the two year period prior to the Closing Date to enable Purchaser to comply with any financial reporting requirements applicable to Purchaser, upon at least three (3) Business Days prior written notice to Seller. In addition, Seller shall provide Purchaser’s designated independent auditors a representation letter regarding the books and records of the Properties in substantially the form attached hereto as Exhibit H.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Istar Financial Inc)
Information and Audit Cooperation. Within 75 days after the Closing Date, Seller, at Purchaser’s sole cost and expense and at no cost or expense to Seller, shall allow Purchaser’s auditors access to the books and records of Seller relating to the operation of the Properties Real Property and Improvements for the two three (3) year period prior to the Closing Date to enable Purchaser to comply with any financial reporting requirements applicable to Purchaser, upon at least three (3) Business Days prior written notice to Seller. In addition, Seller shall provide Purchaser’s designated independent auditors a representation letter regarding the books and records of the Properties Real Property and Improvements in substantially the form attached hereto as Exhibit H.
Appears in 2 contracts
Samples: Member Interest Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Member Interest Purchase and Sale Agreement (Istar Financial Inc)
Information and Audit Cooperation. Within 75 seventy (75) days after the Closing Date, Seller, at Purchaser’s sole cost and expense and at no cost or expense to Seller, the Sellers shall allow the Purchaser’s auditors access to the books and records of Seller the Sellers relating to the operation of the Properties for the two year period prior to the Closing Date to enable the Purchaser to comply with any financial reporting requirements applicable to the Purchaser, upon at least three (3) Business Days prior written notice to Sellerthe Sellers. In addition, Seller the Sellers shall provide the Purchaser’s designated independent auditors a representation letter regarding the books and records of the Properties in substantially the form attached hereto as Exhibit H.EXHIBIT MM.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)
Information and Audit Cooperation. Within 75 days after the Closing Date, Seller, at Purchaser’s sole cost and expense and at no cost or expense to Seller, Seller shall allow PurchaserBuyer’s auditors access to the books and records of Seller relating to the operation of the Properties Property for the two year period prior to the Closing Date to enable Purchaser Buyer to comply with any financial reporting requirements applicable to PurchaserBuyer, upon at least three (3) 3 Business Days prior written notice to Seller. In addition, within 10 days of Buyer’s written request, Seller shall provide PurchaserBuyer’s designated independent auditors a representation letter regarding the books and records of the Properties Property in substantially the form attached hereto as Exhibit H.D.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Industrial Income Trust Inc.)
Information and Audit Cooperation. Within 75 days after the Closing Date, Seller, at Purchaser’s sole cost and expense and at no cost or expense to Seller, shall allow Purchaser’s auditors access to the books and records of Seller relating to the operation of the Properties Property for the two (2) year period prior to the Closing Date to enable Purchaser to comply with any financial reporting requirements applicable to Purchaser, upon at least three (3) Business Days prior written notice to Seller. In addition, Seller shall provide Purchaser’s designated independent auditors a representation letter regarding the books and records of the Properties Property in substantially the form attached hereto as Exhibit H.
Appears in 1 contract
Samples: Partnership Interests Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)
Information and Audit Cooperation. Within 75 At any time within ninety (90) days after the Closing DateClosing, Seller, at Purchaser’s sole cost and expense and at no cost or expense to Seller, Seller shall allow PurchaserBuyer’s auditors access to the books and records of Seller and the working papers of Seller’s independent auditors relating to the operation of the Properties Property for the two year period three (3) years prior to the Closing Date to enable Purchaser Buyer to comply with any financial reporting requirements applicable to Purchaser, upon at least three (3) Business Days prior written notice to SellerBuyer. In addition, upon the earlier of (i) completion of Buyer’s audit, or (ii) two (2) business days prior to the Approval Date, Seller shall provide PurchaserBuyer’s designated independent auditors a representation letter regarding the books and records of the Properties Property in substantially the form attached hereto as Exhibit H.L.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Behringer Harvard Opportunity REIT II, Inc.)