Common use of Information to be Provided Clause in Contracts

Information to be Provided. Throughout the Term of Agreement, if the T&D or the Provider Guarantor does not have or ceases to have a Credit Rating, T&D and the Provider, as the case may be, will provide the other Party as soon as reasonably practicable following a written request from the other Party, with its or its guarantor’s, as applicable, annual audited financial statements prepared in accordance with generally accepted accounting principles (as defined or applied in the providing Party’s jurisdiction of incorporation or statement preparation) (“GAAP”) and quarterly unaudited consolidated financial statements prepared in accordance with GAAP (subject to normal year-end adjustments and the omission of footnotes), and in each case fairly presenting the financial condition of the applicable entity or entities (which such providing Party hereby represents and warrants as such) and certified by an authorized officer of the applicable entity; provided, however, in the event such entity is required to make or makes its annual audited and quarterly unaudited financial statements available to the public, then the Party shall use public sources to obtain such information.

Information to be Provided. Throughout the Term of Agreement, if the If T&D or the Provider Guarantor does not have or Seller has a Credit Rating and thereafter ceases to have a Credit Rating, T&D and the ProviderSeller or Seller’s Guarantor, as the case may be, will provide the other Party Party, as soon as reasonably practicable following a written request from the other Party, with its or its guarantor’s, ’s (as applicable, ) annual audited financial statements prepared in accordance with generally accepted accounting principles (as defined or applied in the providing Party’s jurisdiction of incorporation or statement preparation) (“GAAP”) and quarterly unaudited consolidated financial statements prepared in accordance with GAAP (subject to normal year-end adjustments and the omission of footnotes), and in each case fairly presenting the financial condition of the applicable entity or entities (which such providing each Party hereby represents and warrants as such) and certified by an authorized officer of the applicable entity; provided, however, in the event that if such entity is required to make or makes its annual audited and quarterly unaudited financial statements available to the public, then the Party shall use public sources to obtain such information.