Common use of Monthly Financial Statements Clause in Contracts

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (20) days after the end of each Accounting Period, a reconciliation of the Reserve for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and is continuing hereunder.

Monthly Financial Statements. Throughout the Term of this LeaseAs soon as available, Tenant shall prepare and deliver to Landlord: but not later than thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodfiscal month, a reconciliation commencing with the fiscal month ended February 29, 2016, (A) management prepared interim consolidated Financial Statements of the Reserve Loan Parties and their Subsidiaries as at the end of such month and for the immediately preceding Accounting Period. This information shall be provided fiscal year to Landlord under a complete financial statement date and setting forth in comparative form the figures for the Business which shall be delivered electronically within corresponding period or periods of the designated time periods previous fiscal year and as set forth in the form customarily provided Business Plan; (B) in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate event that (x) the gross revenues of the Chief Executive Officer Subsidiaries of the Borrower Agent exceed $100,000,000 per year or (y) the aggregate amount of Investments by the Loan Parties in or to, and guarantees by the Loan Parties of Indebtedness of, Subsidiaries that are not Loan Parties exceeds $5,000,000, the management prepared interim Financial Statements of the Loan Parties and their Subsidiaries, on a consolidating basis, as at the end of such month and for the fiscal year to date; (C) a certification by the Borrower Agent’s chief financial officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) vice president, finance that such statements Financial Statements have been properly prepared in accordance with GAAP and are true, correct and complete fairly stated in all material respects (subject to normal year-end audit adjustments); and fairly present (D) with respect to each fiscal month that is also the consolidated end of a fiscal quarter, a narrative discussion of the financial condition of Tenant at the Loan Parties and as their Subsidiaries and results of operations and the liquidity and capital resources for the fiscal quarter then ended, prepared by the chief financial officer of the dates thereof Borrower Agent; provided that, in lieu of such narrative discussion, the Borrower Agent may participate in a quarterly conference call (each such call to be at a time and date to be reasonably agreed by the Borrower Agent and the results Agent) among senior management of its operations for the period covered therebyBorrower Agent, the Agent and (b) that no Event of Default has occurred and is continuing hereunderthe Lenders.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: (i) within twenty (20) calendar Within 20 days after the end of each Accounting PeriodFiscal Month, an income (or profit and loss) statementcommencing with the first full month following the Closing Date, an operating the unaudited consolidated balance sheet of Holdings and a its Subsidiaries as at the end of such Fiscal Month and the related consolidated statements of income and retained earnings and statement of cash flow statement flows for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period such Fiscal Month and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end elapsed portion of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (20) days after ended with the end last day of such Fiscal Month, in each Accounting Periodcase, a reconciliation of the Reserve setting forth comparative figures for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement for corresponding Fiscal Month in the Business prior Fiscal Year, all of which shall be delivered electronically within certified by the designated time periods chief financial officer or principal accounting officer of Holdings as fairly presenting in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared all material respects in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at Holdings and its Subsidiaries as of the dates thereof indicated and the consolidated results of its their operations for the period covered therebyperiods indicated, subject to normal year-end audit adjustments and the absence of footnotes; provided, that such information required by this clause (c) shall only be required to be delivered to the Administrative Agent for distribution to the private-side Lenders. In the event that (A) Holdings is not engaged in any business or activity, and does not own any assets or have other liabilities, other than those incidental to its ownership directly or indirectly of the Equity Interests of the Borrower (and, without limitation on the foregoing, does not have any subsidiaries other than the Borrower and the Borrower’s Subsidiaries or (B) in connection with any reporting requirements described in clauses (a), (b) and (c) of this Section 8.01 the Borrower delivers consolidating financial information that no Event explains, at a level of Default has occurred detail reasonably acceptable to the Required Lenders, the differences between the information relating to Holdings, on the one hand, and is continuing hereunderthe information relating to the Borrower and its Subsidiaries on a standalone basis, on the other hand, then such consolidated reporting at Holdings in a manner consistent with that described in clauses (a), (b) and (c) of this Section 8.01 for the Borrower will satisfy the requirements of such clauses.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare As soon as available and deliver to Landlord: no later than thirty-five (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2035) days after the end of each Accounting Periodcalendar month, a reconciliation the Company shall deliver, or cause to be delivered, to the Administrative Agent one (1) copy of: (A)(x) the unaudited consolidated balance sheets of the Reserve for Company and its consolidated Subsidiaries (including the immediately preceding Accounting Period. This information shall be provided Borrower), (y) the unaudited balance sheets of the Borrower, and (z) its unconsolidated unaudited balance sheets, in each case, as of the end of such calendar month, (B)(x) the unaudited consolidated statements of income, stockholders’ equity and cash flows of the Company and its consolidated Subsidiaries (including the Borrower), (y) the unaudited statements of income and stockholders’ equity of the Borrower, and (z) its unconsolidated unaudited statements of income and stockholders’ equity each as of the end of such calendar month, and (C) a Borrower-prepared data tape of all Receivables and the Contracts related thereto, static loss, collections, and delinquency reports, new business originated, cash collections, loss reserve analysis and other reports used in the preparation of the Borrower’s business model heretofore delivered to Landlord under a complete financial statement for the Business Agents and the Lenders, and in each case, which shall be delivered electronically within the designated time periods prepared and presented in the form customarily provided in the industry accordance with, and approved in advance by Landlord. The aforesaid financial statements provide all necessary disclosure (other than footnote disclosure) required by, GAAP and shall be accompanied by an Officer’s Certificate whicha certificate signed by the president, for purposes hereof shall mean a Certificate financial vice president, treasurer, chief financial officer, chief investment officer or controller of the Chief Executive Officer Company or another officer of the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify Company acceptable to the best of such Officer’s knowledge (a) Administrative Agent stating that such balance sheet and financial statements have presents fairly the financial condition and results of operation of the Company and its consolidated Subsidiaries and has been properly prepared in accordance with GAAP and are true, correct and complete consistently applied. Any financial statements delivered pursuant to this Section 5.9(b) may be subject to adjustment in all material respects and fairly present the consolidated financial condition of Tenant at and as accordance with GAAP upon delivery of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and is continuing hereunderfinancial statements required under Section 5.9(a).

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare Promptly when available and deliver to Landlord: in any event not later than forty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2040) days after the end of each Accounting Periodmonth, Borrowers shall furnish to Bank monthly statements, on a reconciliation consolidated and consolidating basis, showing each Borrower's and Guarantor Subsidiary's financial condition and the results of the Reserve each Borrower's and Guarantor Subsidiary' 5 operations for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance covered by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly in such detail as Bank may from time to time require, prepared in accordance with GAAP generally accepted accounting principles consistently applied (subject to normal year-end adjustments and are true, correct excluding footnotes) and complete in containing all material respects disclosures (other than footnotes) required to fully and fairly accurately present the consolidated financial condition position and results of Tenant at operations of each Borrower, each Guarantor Subsidiary and as each of their respective divisions and to make such statements not misleading under the circumstances. Said statements shall include: (i) a comparison prepared by Borrowers of the dates thereof consolidated projected financial position and results of operations of each of the Manufactured Product Segment and the Consumer Goods Segment of the Borrowers' and the Guarantor Subsidiaries' businesses provided for in Section 8.6 hereof with the consolidated actual financial position and results of its operations for of each of the period covered thereby, Manufactured Product Segment and the Consumer Goods Segment of the Borrowers' and the Guarantor Subsidiaries' businesses and an explanation of any variations between them; and (bii) that no Event a comparison between consolidated actual calculated results and consolidated covenanted results for each of Default has occurred the Financial Covenants contained in Exhibit M attached hereto and is continuing hereunderincorporated herein by reference.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare As soon as available and deliver to Landlord: no later than thirty-five (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2035) days after the end of each Accounting Periodcalendar month, a reconciliation the Company shall deliver, or cause to be delivered, to the Administrative Agent one (1) copy of: (A)(x) the unaudited consolidated balance sheets of the Reserve for Company and its consolidated Subsidiaries (including the immediately preceding Accounting Period. This information shall be provided BorrowerBorrowers ), (y) the unaudited balance sheets of theeach Borrower, and (z) its unconsolidated unaudited balance sheets, in each case, as of the end of such calendar month, (B)(x) the unaudited consolidated statements of income, stockholders’ equity and cash flows of the Company and its consolidated Subsidiaries (including the BorrowerBorrowers ), (y) the unaudited statements of income and stockholders’ equity of theeach Borrower, and (z) its unconsolidated unaudited statements of income and stockholders’ equity each as of the end of such calendar month, and (C) a Borrower-prepared data tape of all Receivables of such Borrower and the Contracts related thereto, static loss, collections, and delinquency reports, new business originated, cash collections, loss reserve analysis and other reports used in the preparation of theeach Borrower’s business model heretofore delivered to Landlord under a complete financial statement for the Business Agents and the Lenders, and in each case, which shall be delivered electronically within the designated time periods prepared and presented in the form customarily provided in the industry accordance with, and approved in advance by Landlord. The aforesaid financial statements provide all necessary disclosure (other than footnote disclosure) required by, GAAP and shall be accompanied by an Officer’s Certificate whicha certificate signed by the president, for purposes hereof shall mean a Certificate financial vice president, treasurer, chief financial officer, chief investment officer or controller of the Chief Executive Officer Company or another officer of the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify Company acceptable to the best of such Officer’s knowledge (a) Administrative Agent stating that such balance sheet and financial statements have presents fairly the financial condition and results of operation of the Company and its consolidated Subsidiaries and has been properly prepared in accordance with GAAP and are true, correct and complete consistently applied. Any financial statements delivered pursuant to this Section 5.9(b) may be subject to adjustment in all material respects and fairly present the consolidated financial condition of Tenant at and as accordance with GAAP upon delivery of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and is continuing hereunderfinancial statements required under Section 5.9(a).

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare As soon as available and deliver to Landlord: (i) in any event within twenty (20) calendar 25 days after the end of each Accounting Periodcalendar month (provided, an income (or profit and lossthat, beginning with the information to be delivered under this Section 6.10(b) statementfor January 2004, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year such period shall be reduced to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar 20 days after the end of each Accounting Periodcalendar month), an income (or profit a consolidated and loss) statement and operating consolidating balance sheet showing the results of the operation of each of Tenant Parent and Tenant’s its consolidated Subsidiaries as at the end of such month and the related consolidated and consolidating statements of income (loss), retained earnings and cash flows of Parent (which may be presented on a and its consolidated basis) Subsidiaries for the immediately preceding Fiscal Quarter such calendar month and for the portion of Parent’s Fiscal Year to date; and (iii) within twenty (20) days after ended at the end of such month, setting forth in each Accounting Periodcase, a reconciliation in comparative form the figures for the corresponding month and the corresponding portion of the Reserve previous Fiscal Year (provided, that, (i) consolidating balance sheets and statements of cash flow shall not be required prior to the date the systems of Parent and Borrower permit the preparation of such statements (the “systems conversion date”) which shall, in all events, be no later than the date required for delivery of the financial statements as of and for the immediately preceding Accounting Period. This information period ending December 31, 2003 (until such systems conversion date, Parent and Borrower will provide a separate balance sheet for Nebraska Sub), and (ii) comparative consolidating balance sheets and comparative statements of cash flow shall not be provided required prior to Landlord under the first anniversary of the systems conversion date), all in reasonable detail and certified by a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid Responsible Officer that such financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP are complete and are true, correct and complete in all material respects and fairly present the consolidated and consolidating (as applicable) financial condition as at the end of Tenant at such calendar month, and the consolidated and consolidating (as applicable) results of operations and cash flows for such calendar month and such portion of the Fiscal Year of Parent and its consolidated Subsidiaries in accordance with GAAP (subject to year-end adjustments which shall not, individually or in the aggregate, be material and adverse). Together with the delivery of the financial statements required by this Section 6.10(b), Parent and Borrower shall deliver to each Lender, in form, substance and detail acceptable to the Administrative Agent, (1) an accounts receivable aging and reconciliation, (2) an accounts payable aging, (3) copies of all bank statements received with respect to each deposit account (including each lockbox account) maintained by Borrower and received subsequent to the delivery of monthly financial statements during the preceding calendar month, (4) a summary of all Hedging Agreements to which any Credit Party is subject as of the dates thereof and last Business Day of the results of its operations for the period covered therebypreceding calendar month, and (b5) that no Event a summary of Default has occurred all Fixed Price Contracts and is continuing hereundercontracts providing for the purchase by Borrower of inventory (including corn) at fixed prices as of the last Business Day of the preceding calendar month.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: (i) During the period commencing on the Second Amendment Effective Date and ending on the date on which financial statements and a compliance certificate are delivered under Section 8.01(a), (b) or (d), as applicable, demonstrating that the Borrower has satisfied the financial covenants set forth in Section 9.01 (calculated without giving effect to any Equity Cure Credit Amount or Equity Cure Amount) for any fiscal period ending on or after June 30, 2016, and (ii) during any future period for which the Borrower has not satisfied the financial covenants set forth in Section 9.01 (calculated without giving effect to any Equity Cure Credit Amount or Equity Cure Amount) as of the end of the most recently ended fiscal quarter for which financial statements and a compliance certificate for the fiscal period ending on the last day of such fiscal quarter were delivered under Sections 8.01(a), (b) or (d), as applicable, in each case, as soon as available but in any event within twenty thirty-five (2035) calendar days after the end of each Accounting Periodcalendar month, an income (or profit and lossA) statementsolely with respect to the first two calendar months of each fiscal quarter, an operating its unaudited consolidated balance sheet and a related statements of income or operations and cash flow statement flows reflecting results of operations as of the end of and for such calendar month and the then elapsed portion of the fiscal year, setting forth in each case in comparative form the figures for the Facility showing corresponding period or periods (or in the case of the balance sheet, as of the end) of the previous fiscal year, (B) reports setting forth the processing volumes during such calendar month and the then elapsed portion of the fiscal year, and (C) reports setting forth in reasonable detail intercompany transactions between any Loan Party and any of its Affiliates, including accounts receivable and payable as of such calendar month, all in form and substance satisfactory to the Administrative Agent and certified by one of its Financial Officers as presenting fairly in all material respects the financial condition and the results of the operation operations of the Leased Property, including an occupancy report Borrower and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented its Consolidated Subsidiaries on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (20) days after the end of each Accounting Period, a reconciliation of the Reserve for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared basis in accordance with GAAP consistently applied, subject to normal quarter- end or year-end adjustments, as the case may be, and are truethe absence of footnotes. It is understood that the materials provided to the Administrative Agent and the Lenders pursuant to this clause (o), correct in accordance with the last sentence of this Section 8.01, will not be identified by the Borrower as “Public” information and complete in all material respects and fairly present may be treated by the consolidated financial condition of Tenant at and Administrative Agent as being suitable only for posting on a portion of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and is continuing hereunderPlatform not designated “Public Side Information”.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant Borrower shall prepare and deliver furnish to Landlord: Mezzanine Lender within fifteen (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2015) days after the end of each Accounting Periodcalendar month: (i) any and all financial statements, rent rolls or other material information received from the Underlying Obligors related to each Collateral Asset Loan and Mortgaged Property (provided that if Borrower is unable, after diligent efforts, to obtain such information on a monthly basis, Borrower shall provide such information on a quarterly basis); (ii) a remittance report containing servicing information, including without limitation the amount of each periodic payment due, the amount of each periodic payment received, the date of receipt, the date due and whether there has been any material adverse change to the Mortgaged Property, on a loan by loan basis and in the aggregate, with respect to the Collateral Assets serviced by any servicer (such remittance report, a reconciliation “Servicing Tape”), or to the extent any servicer does not provide a Servicing Tape, a remittance report containing the servicing information that would otherwise be set forth in a Servicing Tape; (iii) a listing of all Collateral Assets reflecting the Reserve payment status of each Collateral Asset and any material changes in the financial or other condition of each Collateral Asset; (iv) with respect to any Collateral Asset that is a CMBS, B-Note or Junior Interest (as defined in Schedule VI to the Senior Loan Documents) the related securitization report; (v) a list of any existing defaults under the Collateral Asset Loans; (vi) trustee remittance reports; (vii) all asset summary reports prepared by Guarantor with respect to any Collateral Asset(s); (viii) account activity statements for the immediately preceding Accounting Period. This Collection Account; (ix) all other information shall be provided as Mezzanine Lender may reasonably request with respect to Landlord under Borrower, AssetCo, any Senior Borrower, any Collateral Asset, any Mortgaged Property or any Underlying Obligor; and (x) a complete financial statement for the Business which shall be delivered electronically within the designated time periods certificate in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean attached hereto as Schedule 5.11 (a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Covenant Compliance Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and is continuing hereunder.)

Monthly Financial Statements. Throughout the Term of this LeaseAs soon as available, Tenant shall prepare and deliver to Landlord: (i) in any event within twenty (20) calendar 30 days after the end of each Accounting Periodcalendar month (other than the month of January and the last calendar month of a Fiscal Quarter), an income (or profit i) Presidents Borrower shall furnish to Lender, in hard copy and loss) statementelectronic format, an operating monthly and year-to-date unaudited financial statements prepared for the applicable month with respect to Presidents Borrower, including a balance sheet and a cash flow operating statement for the Facility showing the results as of the operation end of the Leased Propertysuch month, including an occupancy report together with related statements of income, equityholders’ capital and census data cash flows for the immediately preceding Accounting Period such month and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end portion of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (20) days after the end of each Accounting Periodending with such month, a reconciliation of the Reserve for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of certifying that the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) same are true and correct in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly all material respects and were prepared in accordance with GAAP applied on a consistent basis, subject to changes resulting from audit and normal year-end audit adjustments, and (ii) RKB Borrower shall furnish to Lender, in hard copy or electronic format, statements of income and cash flows with respect to the RKB Borrower for such month and for the portion of the Fiscal Year ending with such month, which statements shall be accompanied by an Officer’s Certificate certifying that the same are true, true and correct and complete in all material respects and fairly present were prepared in accordance with GAAP applied on a consistent basis, subject to changes resulting from audit and normal year-end audit adjustments. Each such monthly report shall be accompanied by the consolidated financial condition of Tenant at and as following: (i) in the case of the dates thereof Presidents Borrower, a summary of Leases signed during such month, which summary shall include the Tenant’s name, lease term, base rent, escalations, Tenant Improvements, leasing commissions paid, free rent and other concessions; (ii) in the results case of its operations for the period covered therebyPresidents Borrower, then current rent roll and occupancy reports; and (biii) that no Event of Default has occurred and is continuing hereundersuch other information as Lender shall reasonably request.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare As soon as available and deliver to Landlord: (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within in any event no later than twenty (20) days after the end of each Accounting Periodmonth occurring during the period beginning on the Third Amendment Effective Date through and including December 31, 2023, a reconciliation copy of the Reserve Consolidated balance sheet of the Parent and its Subsidiaries as of the end of such period and related Consolidated statements of income and retained earnings and of cash flows for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement Parent and its Subsidiaries for such monthly period and for the Business which shall be delivered electronically within portion of the designated time fiscal year ending with such period, in each case setting forth in comparative form Consolidated figures for the corresponding period or periods of the preceding fiscal year and including management discussion and analysis of operating results inclusive of operating metrics in comparative form, together with a copy of the detailed operating budget or plan including cash flow projections of the Parent and its Subsidiaries for the next thirteen (13) week period prepared on a monthly basis, and including a summary of the material assumptions made in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid preparation of such thirteen (13) week budget or plan; all such financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP complete and are true, correct and complete in all material respects and fairly present be prepared in reasonable detail and, in the consolidated financial condition of Tenant at and as case of the dates thereof annual and, quarterly and the results of its operations for the period covered therebymonthly financial statements, and provided in accordance with subsections (a) and, (b) that no Event and (d) above, in accordance with GAAP (subject, in the case of Default has occurred interim statements, to normal recurring year‑end audit adjustments and is continuing hereunderthe absence of footnotes) applied consistently throughout the periods reflected therein and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a change, if any, in GAAP as provided in Section 1.3(b). Notwithstanding the foregoing, financial statements and reports required to be delivered pursuant to the foregoing provisions of this Section may be delivered electronically and if so, shall be deemed to have been delivered on the date on which the Administrative Agent receives such reports from the Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: (i) During the period commencing on the Second Amendment Effective Date and ending on the date on which financial statements and a compliance certificate are delivered under Section 8.01(a), (b) or (d), as applicable, demonstrating that the Borrower has satisfied the financial covenants set forth in Section 9.01 (calculated without giving effect to any Equity Cure Credit Amount or Equity Cure Amount) for any fiscal period ending on or after June 30, 2016, and (ii) during any future period for which the Borrower has not satisfied the financial covenants set forth in Section 9.01 (calculated without giving effect to any Equity Cure Credit Amount or Equity Cure Amount) as of the end of the most recently ended fiscal quarter for which financial statements and a compliance certificate for the fiscal period ending on the last day of such fiscal quarter were delivered under Sections 8.01(a), (b) or (d), as applicable, in each case, as soon as available but in any event within twenty thirty-five (2035) calendar days after the end of each Accounting Periodcalendar month, an income (or profit and lossA) statementsolely with respect to the first two calendar months of each fiscal quarter, an operating its unaudited consolidated balance sheet and a related statements of income or operations and cash flow statement flows reflecting results of operations as of the end of and for such calendar month and the then elapsed portion of the fiscal year, setting forth in each case in comparative form the figures for the Facility showing corresponding period or periods (or in the case of the balance sheet, as of the end) of the previous fiscal year, (B) reports setting forth the processing volumes during such calendar month and the then elapsed portion of the fiscal year, and (C) reports setting forth in reasonable detail intercompany transactions between any Loan Party and any of its Affiliates, including accounts receivable and payable as of such calendar month, all in form and substance satisfactory to the Administrative Agent and certified by one of its Financial Officers as presenting fairly in all material respects the financial condition and the results of the operation operations of the Leased Property, including an occupancy report Borrower and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented its Consolidated Subsidiaries on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (20) days after the end of each Accounting Period, a reconciliation of the Reserve for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared basis in accordance with GAAP consistently applied, subject to normal quarter-end or year-end adjustments, as the case may be, and are truethe absence of footnotes. It is understood that the materials provided to the Administrative Agent and the Lenders pursuant to this clause (o), correct in accordance with the last sentence of this Section 8.01, will not be identified by the Borrower as “Public” information and complete in all material respects and fairly present may be treated by the consolidated financial condition of Tenant at and Administrative Agent as being suitable only for posting on a portion of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and is continuing hereunderPlatform not designated “Public Side Information”.

Monthly Financial Statements. Throughout the Term of this LeaseAs soon as available, Tenant shall prepare and deliver to Landlord: (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) in any event within twenty (20) days after the first day of each calendar month, (i) a consolidating balance sheet and income statement of the Company and its Subsidiaries, as of the end of each Accounting Period, a reconciliation of the Reserve for the immediately preceding Accounting Period. This information shall be provided to Landlord under calendar month, together with a complete financial related consolidating statement of cash flows, in each case setting forth in comparative form consolidating figures for the Business which shall corresponding calendar month of the preceding fiscal year and (ii) a consolidated statement as of the end of the immediately preceding calendar month setting forth the occupancy rates in each hotel, resort, place of accommodation or other facility managed, owned, leased or operated by the Company and its Subsidiaries (it being understood that the foregoing occupancy rates need not be delivered electronically within set forth on an individual hotel or other facility basis, but may be presented in a consolidated summary format by region, operating units or other manner reasonably approved by the designated time periods Required Holders), setting forth in comparative form consolidated figures for the corresponding calendar month of the preceding fiscal year, all such financial information described above to be in reasonable form customarily provided in and detail and reasonably acceptable to the industry Required Holders, and approved in advance accompanied by Landlord. The aforesaid (A) a certificate of the chief financial officer of the Company to the effect that such monthly financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate fairly present in all material respects the financial condition of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements Company and its Subsidiaries, as applicable, and have been properly prepared in accordance with GAAP GAAP, subject to changes resulting from audit and are truenormal year-end audit adjustments, correct and complete in all material respects (B) a certificate of the Company whereby the Company represents and fairly present warrants to the consolidated financial condition of Tenant at and Noteholders that as of the dates thereof and date of such certificate, based on the results Company’s then-current good faith projections, the Company will have sufficient funds available (whether under the Company’s revolving credit facility or otherwise) to make the next coming interest payments due under the Notes, such availability to be not less than 125% of its operations for the period covered thereby, and (b) that no Event aggregate amount of Default has occurred and is continuing hereundersuch interest payments.”

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare As soon as available and deliver to Landlord: (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within in any event no later than twenty (20) days after the end of each Accounting Periodmonth occurring during the period beginning on the Third Amendment Effective Date through and including December 31, 2023, a reconciliation copy of the Reserve Consolidated balance sheet of the Parent and its Subsidiaries as of the end of such period and related Consolidated statements of income and retained earnings and of cash flows for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement Parent and its Subsidiaries for such monthly period and for the Business which shall be delivered electronically within portion of the designated time fiscal year ending with such period, in each case setting forth in comparative form Consolidated figures for the corresponding period or periods of the preceding fiscal year and including management discussion and analysis of operating results inclusive of operating metrics in comparative form, together with a copy of the detailed operating budget or plan including cash flow projections of the Parent and its Subsidiaries for the next thirteen (13) week period prepared on a monthly basis, and including a summary of the material assumptions made in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid preparation of such thirteen (13) week budget or plan; all such financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP complete and are true, correct and complete in all material respects and fairly present be prepared in reasonable detail and, in the consolidated financial condition of Tenant at and as case of the dates thereof annual, quarterly and the results of its operations for the period covered therebymonthly financial statements, and provided in accordance with subsections (a), (b) that no Event and (d) above, in accordance with GAAP (subject, in the case of Default has occurred interim statements, to normal recurring year‑end audit adjustments and is continuing hereunderthe absence of footnotes) applied consistently throughout the periods reflected therein and further accompanied by a description of, and an estimation of the effect on the financial statements on account of, a change, if any, in GAAP as provided in Section 1.3(b). Notwithstanding the foregoing, financial statements and reports required to be delivered pursuant to the foregoing provisions of this Section may be delivered electronically and if so, shall be deemed to have been delivered on the date on which the Administrative Agent receives such reports from the Borrower through electronic mail; provided that, upon the Administrative Agent’s request, the Borrower shall provide paper copies of any documents required hereby to the Administrative Agent.