Obligation to Maintain Accurate Books and Records. Borrower shall keep and maintain at all times at the Mortgaged Property, the property management agent’s offices, Borrower’s General Business Address, or Master Lessee’s General Business Address, as applicable, and, upon Lender’s written request, shall make available to Lender: complete and accurate books of account and records (including copies of supporting bills and invoices) adequate to reflect correctly the operation of the Mortgaged Property; and copies of all written contracts, Leases, and other instruments that affect Borrower, Master Lessee, or the Mortgaged Property. Items to Furnish to Lender. Borrower shall furnish to Lender the following, which shall be deemed certified by Borrower, as (x) true, complete, and accurate, in all material respects as of the time of delivery and (y) binding upon Borrower, Master Lessee, or Guarantor, as applicable, and in such form and with such detail as Lender reasonably requires: within forty-five (45) days after the end of each first, second, and third calendar quarter, a statement of income and expenses for Borrower and Master Lessee on a year-to-date basis as of the end of each calendar quarter; within one hundred twenty (120) days after the end of each calendar year: for any Borrower and Master Lessee that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; for any Borrower and Master Lessee that is an individual or a trust established for estate-planning purposes, a personal financial statement for such calendar year; when requested in writing by Lender, balance sheet(s) showing all assets and liabilities of Borrower and Master Lessee and a statement of all contingent liabilities as of the end of such calendar year; if an energy consumption metric for the Mortgaged Property is required to be reported to any Governmental Authority, the Xxxxxx Xxx Energy Performance Metrics report, as generated by ENERGY STAR® Portfolio Manager, for the Mortgaged Property for such calendar year, which report must include the ENERGY STAR score, the Source Energy Use Intensity (EUI), the month and year ending period for such ENERGY STAR score and such Source Energy Use Intensity, and the ENERGY STAR Portfolio Manager Property Identification Number; provided that, if the Governmental Authority does not require the use of ENERGY STAR Portfolio Manager for the reporting of the energy consumption metric and Borrower does not use ENERGY STAR Portfolio Manager, then Borrower shall furnish to Lender the Source Energy Use Intensity for the Mortgaged Property for such calendar year;
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Obligation to Maintain Accurate Books and Records. Borrower IDOT Guarantor shall keep and maintain at all times at the Mortgaged Property, Property or the property management agent’s offices, Borroweroffices or IDOT Guarantor’s General Business Address, or Master Lessee’s General Business Address, as applicable, Address and, upon Lender’s written request, shall make available to Lenderat the Land: complete and accurate books of account and records (including copies of supporting bills and invoices) adequate to reflect correctly the operation of the Mortgaged Property; and copies of all written contracts, Leases, and other instruments that affect Borrower, Master Lessee, IDOT Guarantor or the Mortgaged Property. Items to Furnish to Lender. Borrower Obligors shall furnish to Lender the following, which shall be deemed certified by Borrower, as (x) true, complete, and accurate, in all material respects as of the time of delivery and respects, by an individual having authority to bind each Obligor (y) binding upon Borrower, Master Lessee, or Guarantor, as applicable), and in such form and with such detail as Lender reasonably requires: within forty-five (45) days after the end of each first, second, and third calendar quarter, a statement of income and expenses for Borrower and Master Lessee IDOT Guarantor on a year-to-date basis as of the end of each calendar quarter; within one hundred twenty (120) days after the end of each calendar year: for any Borrower and Master Lessee IDOT Guarantor that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; for any Borrower and Master Lessee IDOT Guarantor that is an individual individual, or a trust established for estate-planning purposes, a personal financial statement for such calendar year; when requested in writing by Lender, balance sheet(s) showing all assets and liabilities of Borrower and Master Lessee IDOT Guarantor and a statement of all contingent liabilities as of the end of such calendar year; if an energy consumption metric for the Mortgaged Property is required to be reported to any Governmental Authority, the Xxxxxx Xxx Mae Energy Performance Metrics report, as generated by ENERGY STAR® Portfolio Manager, for the Mortgaged Property for such calendar year, which report must include the ENERGY STAR score, the Source Energy Use Intensity (EUI), the month and year ending period for such ENERGY STAR score and such Source Energy Use Intensity, and the ENERGY STAR Portfolio Manager Property Identification Number; provided that, if the Governmental Authority does not require the use of ENERGY STAR Portfolio Manager for the reporting of the energy consumption metric and Borrower Obligor does not use ENERGY STAR Portfolio Manager, then Borrower Obligor shall furnish to Lender the Source Energy Use Intensity for the Mortgaged Property for such calendar year;; a written certification ratifying and affirming that: neither Borrower nor IDOT Guarantor has taken any action in violation of Section 4.2(mm) regarding its single asset status; IDOT Guarantor has received no notice of any building code violation, or if IDOT Guarantor has received such notice, evidence of remediation; IDOT Guarantor has made no application for rezoning nor received any notice that the Mortgaged Property has been or is being rezoned; and IDOT Guarantor has taken no action and has no knowledge of any action that would violate the provisions of Section 11.2(bbbbb)(8)(F) regarding liens encumbering the Mortgaged Property; an accounting of all security deposits held pursuant to all Leases, including the name of the institution (if any) and the names and identification numbers of the accounts (if any) in which such security deposits are held and the name of the person to contact at such financial institution, along with any authority or release necessary for Lender to access information regarding such accounts; and written confirmation of: any changes occurring since the Effective Date (or that no such changes have occurred since the Effective Date) in the direct owners of Obligor, the indirect owners (and any non-member managers) of Obligor that Control Obligor (excluding any Publicly-Held Corporations or Publicly-Held Trusts), or the indirect owners of Obligor that hold twenty-five percent (25%) or more of the ownership interests in Obligor (excluding any Publicly-Held Corporations or Publicly-Held Trusts), and their respective interests; the names of all officers and directors of any Obligor which is a corporation, any corporation which is a general partner of any Obligor which is a partnership, or any corporation which is the managing member or non-member manager of any Obligor which is a limited liability company; and the names of all managers who are not members of any Obligor which is a limited liability company, any limited liability company which is a general partner of any Obligor which is a partnership, or any limited liability company which is the managing member or non-member manager of any Obligor which is a limited liability company; and if not already provided pursuant to Section 8.2(cccc)(2)(A) above, a statement of income and expenses for IDOT Guarantor’s operation of the Mortgaged Property on a year-to-date basis as of the end of each calendar year; within forty-five (45) days after the end of each first, second, and third calendar quarter and within one hundred twenty (120) days after the end of each calendar year, and at any other time upon Lender’s written request, a rent schedule for the Mortgaged Property showing the name of each tenant and for each tenant, the space occupied, the lease expiration date, the rent payable for the current month, the date through which rent has been paid, and any related information requested by Lender; and upon Lender’s written request (but, absent an Event of Default, no more frequently than once in any six (6) month period): any item described in Section 8.2(cccc)(1) or Section 8.2(cccc)(2) for IDOT Guarantor, certified as true, complete, and accurate by an individual having authority to bind IDOT Guarantor; a statement of income and expenses for Borrower on a year-to-date basis as of the end of the date specified by Lender, a statement of cash flows for the calendar year specified by Lender and/or balance sheets showing all assets and liabilities of Borrower, each certified as true, complete and accurate by an individual having authority to bind Borrower; any item described in Section 8.2(cccc)(1) or Section 8.2(cccc)(2) with respect to Borrower, certified as true, complete and accurate by an individual having authority to bind Borrower; a property management or leasing report for the Mortgaged Property, showing the number of rental applications received from tenants or prospective tenants and deposits received from tenants or prospective tenants, and any other information requested by Lender; a statement of income and expenses for IDOT Guarantor’s operation of the Mortgaged Property on a year-to-date basis as of the end of each month for such period as requested by Lender, which statement shall be delivered within thirty (30) days after the end of such month requested by Lender; a statement of real estate owned directly or indirectly by each Obligor and Guarantor for such period as requested by Lender, which statement(s) shall be delivered within thirty (30) days after the end of such month requested by Lender; for any Guarantor, by the later of thirty (30) days after the date requested by Lender and the date one hundred twenty (120) days after the end of the most recent calendar year: that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; that is an individual, or a trust established for estate-planning purposes, a personal financial statement for such calendar year; and balance sheet(s) showing all assets and liabilities of Guarantor and a statement of all contingent liabilities as of the end of such calendar year; and a statement that identifies: the direct owners of each Obligor and their respective interests; the indirect owners (and any non-member managers) of each Obligor that Control such Obligor (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests; and the indirect owners of each Obligor that hold twenty-five percent (25%) or more of the ownership interests in such Obligor (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests. Audited Financials. In the event Obligor or Guarantor receives or obtains any audited financial statements and such financial statements are required to be delivered to Lender under Section 8.2(cccc), Obligor shall deliver or cause to be delivered to Lender the audited versions of such financial statements.
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Obligation to Maintain Accurate Books and Records. Borrower shall keep and maintain at all times at the Mortgaged Property, Property or the property management agent’s offices, offices or Borrower’s General Business Address, or Master Lessee’s General Business Address, as applicable, Address and, upon Lender’s written request, shall make available to Lenderat the Land: complete and accurate books of account and records (including copies of supporting bills and invoices) adequate to reflect correctly the operation of the Mortgaged Property; and copies of all written contracts, Leases, and other instruments that affect Borrower, Master Lessee, Borrower or the Mortgaged Property. Items to Furnish to Lender. Borrower shall furnish to Lender the following, which shall be deemed certified by Borrower, as (x) true, complete, and accurate, in all material respects as of the time of delivery and respects, by an individual having authority to bind Borrower (y) binding upon Borrower, Master Lessee, or Guarantor, as applicable), and in such form and with such detail as Lender reasonably requires: within forty-five (45) days after the end of each first, second, and third calendar quarter, a statement of income and expenses for Borrower and Master Lessee on a year-to-date basis as of the end of each calendar quarter; within one hundred twenty (120) days after the end of each calendar year: for any Borrower and Master Lessee that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; for any Borrower and Master Lessee that is an individual individual, or a trust established for estate-planning purposes, a personal financial statement for such calendar year; when requested in writing by Lender, balance sheet(s) showing all assets and liabilities of Borrower and Master Lessee and a statement of all contingent liabilities as of the end of such calendar year; if an energy consumption metric for the Mortgaged Property is required to be reported to any Governmental Authority, the Xxxxxx Xxx Mae Energy Performance Metrics report, as generated by ENERGY STAR® Portfolio Manager, for the Mortgaged Property for such calendar year, which report must include the ENERGY STAR score, the Source Energy Use Intensity (EUI), the month and year ending period for such ENERGY STAR score and such Source Energy Use Intensity, and the ENERGY STAR Portfolio Manager Property Identification Number; provided that, if the Governmental Authority does not require the use of ENERGY STAR Portfolio Manager for the reporting of the energy consumption metric and Borrower does not use ENERGY STAR Portfolio Manager, then Borrower shall furnish to Lender the Source Energy Use Intensity for the Mortgaged Property for such calendar year;; a written certification ratifying and affirming that: Borrower has taken no action in violation of Section 4.2(mm) regarding its single asset status; Borrower has received no notice of any building code violation, or if Borrower has received such notice, evidence of remediation; Borrower has made no application for rezoning or received any notice that the Mortgaged Property has been or is being rezoned; and Borrower has taken no action and has no knowledge of any action that would violate the provisions of Section 11.2(bbbbb)(8)(F) regarding liens encumbering the Mortgaged Property; an accounting of all security deposits held pursuant to all Leases, including the name of the institution (if any) and the names and identification numbers of the accounts (if any) in which such security deposits are held and the name of the person to contact at such financial institution, along with any authority or release necessary for Lender to access information regarding such accounts; and written confirmation of: any changes occurring since the Effective Date (or that no such changes have occurred since the Effective Date) in the direct owners of Borrower, the indirect owners (and any non-member managers) of Borrower that Control Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts), or the indirect owners of Borrower that hold twenty-five percent (25%) or more of the ownership interests in Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts), and their respective interests; the names of all officers and directors of any Borrower which is a corporation, any corporation which is a general partner of any Borrower which is a partnership, or any corporation which is the managing member or non-member manager of any Borrower which is a limited liability company; and the names of all managers who are not members of any Borrower which is a limited liability company, any limited liability company which is a general partner of any Borrower which is a partnership, or any limited liability company which is the managing member or non-member manager of any Borrower which is a limited liability company; and if not already provided pursuant to Section 8.2(cccc)(2)(A) above, a statement of income and expenses for Borrower’s operation of the Mortgaged Property on a year-to-date basis as of the end of each calendar year; within forty-five (45) days after the end of each first, second, and third calendar quarter and within one hundred twenty (120) days after the end of each calendar year, and at any other time upon Lender’s written request, a rent schedule for the Mortgaged Property showing the name of each tenant and for each tenant, the space occupied, the lease expiration date, the rent payable for the current month, the date through which rent has been paid, and any related information requested by Lender; and upon Lender’s written request (but, absent an Event of Default, no more frequently than once in any six (6) month period): any item described in Section 8.2(cccc)(1) or Section 8.2(cccc)(2) for Borrower, certified as true, complete, and accurate by an individual having authority to bind Borrower; a property management or leasing report for the Mortgaged Property, showing the number of rental applications received from tenants or prospective tenants and deposits received from tenants or prospective tenants, and any other information requested by Lender; a statement of income and expenses for Borrower’s operation of the Mortgaged Property on a year-to-date basis as of the end of each month for such period as requested by Lender, which statement shall be delivered within thirty (30) days after the end of such month requested by Lender; a statement of real estate owned directly or indirectly by Borrower and Guarantor for such period as requested by Lender, which statement(s) shall be delivered within thirty (30) days after the end of such month requested by Lender; for any Guarantor, by the later of thirty (30) days after the date requested by Lender and the date one hundred twenty (120) days after the end of the most recent calendar year: that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; that is an individual, or a trust established for estate-planning purposes, a personal financial statement for such calendar year; and balance sheet(s) showing all assets and liabilities of Guarantor and a statement of all contingent liabilities as of the end of such calendar year; and a statement that identifies: the direct owners of Borrower and their respective interests; the indirect owners (and any non-member managers) of Borrower that Control Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests; and the indirect owners of Borrower that hold twenty-five percent (25%) or more of the ownership interests in Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests. Audited Financials. In the event Borrower or Guarantor receives or obtains any audited financial statements and such financial statements are required to be delivered to Lender under Section 8.2(cccc), Borrower shall deliver or cause to be delivered to Lender the audited versions of such financial statements.
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Obligation to Maintain Accurate Books and Records. Borrower shall keep and maintain at all times at the Mortgaged Property, the property management agent’s offices, Borrower’s General Business Address, or Master LesseeProperty Operator’s General Business Address, as applicable, and, upon Lender’s written request, shall make available to LenderLender at the Land: complete and accurate books of account and records (including copies of supporting bills and invoices) adequate to reflect correctly the operation of the Mortgaged Property; and copies of all written contracts, Leases, and other instruments that affect Borrower, Master LesseeProperty Operator, or the Mortgaged Property. Items to Furnish to Lender. Subject to Privacy Laws, Borrower shall furnish to Lender the following, which shall be deemed certified by Borrower, as (x) true, complete, and accurate, in all material respects as of the time of delivery and respects, by an individual having authority to bind Borrower (y) binding upon Borrower, Master Lessee, or Guarantor, as applicable), and in such form and with such detail as Lender reasonably requires: within forty-five (45) days after the end of each first, second, and third calendar quarter, a statement of income and expenses for Borrower and Master Lessee on a year-to-date basis as each Property Operator (in connection with the operation of the end of each Mortgaged Property) for that calendar quarter; within one hundred twenty (120) days after the end of each calendar year: for any Borrower and Master Lessee Borrower, any Property Operator (in connection with the operation of the Mortgaged Property), that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; for any Borrower and Master Lessee Borrower, any Property Operator (in connection with the operation of the Mortgaged Property), that is an individual or a trust established for estate-planning purposes, a personal financial statement for such calendar year; when requested in writing by Lender, balance sheet(s) showing all assets and liabilities of Borrower and Master Lessee Borrower, each Property Operator (in connection with the operation of the Mortgaged Property), and a statement of all contingent liabilities as of the end of such calendar year; if an energy consumption metric for the Mortgaged Property is required to be reported to any Governmental Authority, the Xxxxxx Xxx Energy Performance Metrics report, as generated by ENERGY STAR® Portfolio Manager, for the Mortgaged Property for such calendar year, which report must include the ENERGY STAR score, the Source Energy Use Intensity (EUI), the month and year ending period for such ENERGY STAR score and such Source Energy Use Intensity, and the ENERGY STAR Portfolio Manager Property Identification Number; provided that, if the Governmental Authority does not require the use of ENERGY STAR Portfolio Manager for the reporting of the energy consumption metric and Borrower does not use ENERGY STAR Portfolio Manager, then Borrower shall furnish to Lender the Source Energy Use Intensity for the Mortgaged Property for such calendar year;; a written certification ratifying and affirming that: Borrower has taken no action in violation of Section 4.2(nn) regarding its single asset status; neither Borrower nor Property Operator has received any notice of any building code violation, or if Borrower, or Property Operator, has received such notice, evidence of remediation; neither Borrower nor Property Operator has made any application for rezoning or received any notice that the Mortgaged Property has been or is being rezoned; and neither Borrower nor Property Operator has taken any action nor has any knowledge of any action that would violate the provisions of Section 11.2(ooooo)(11)(F) regarding liens encumbering the Mortgaged Property; an accounting of all security deposits held pursuant to all Leases, including the name of the institution (if any) and the names and identification numbers of the accounts (if any) in which such security deposits are held and the name of the person to contact at such financial institution, along with any authority or release necessary for Lender to access information regarding such accounts; and written confirmation of: any changes occurring since the Effective Date (or that no such changes have occurred since the Effective Date) in the direct owners of Borrower, the indirect owners (and any non-member managers) of Borrower that Control Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts), or the indirect owners of Borrower that hold twenty-five percent (25%) or more of the ownership interests in Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts), and their respective interests; the names of all officers and directors of any Borrower which is a corporation, any corporation which is a general partner of any Borrower which is a partnership, or any corporation which is the managing member or non-member manager of any Borrower which is a limited liability company; the names of all managers who are not members of any Borrower which is a limited liability company, any limited liability company which is a general partner of any Borrower which is a partnership, or any limited liability company which is the managing member or non-member manager of any Borrower which is a limited liability company; any changes occurring since the Effective Date (or that no such changes have occurred since the Effective Date) in the direct owners of Affiliated Property Operator, the indirect owners (and any non-member managers) of Affiliated Property Operator that Control Affiliated Property Operator (excluding any Publicly-Held Corporations or Publicly-Held Trusts), or the indirect owners of Affiliated Property Operator that hold twenty-five percent (25%) or more of the ownership interests in Affiliated Property Operator (excluding any Publicly-Held Corporations or Publicly-Held Trusts), and their respective interests; the names of all officers and directors of any Affiliated Property Operator that is a corporation, any corporation which is a general partner of any Affiliated Property Operator which is a partnership, or any corporation which is the managing member or non-member manager of any Property Operator which is a limited liability company; and the names of all managers who are not members of any Property Operator which is a limited liability company, any limited liability company which is a general partner of any Affiliated Property Operator which is a partnership, or any limited liability company which is the managing member or non-member manager of any Affiliated Property Operator which is a limited liability company; and if not already provided pursuant to Section 8.2(pppp)(2)(A) above, a statement of income and expenses for Borrower’s and Property Operator’s operation of the Mortgaged Property on a year-to-date basis as of the end of each calendar year; within forty-five (45) days after the end of each first, second, and third calendar quarter and within one hundred twenty (120) days after the end of each calendar year, and at any other time upon Lender’s written request, a rent schedule for the Mortgaged Property showing the name of each tenant and for each tenant, the space occupied, the lease expiration date, the lease term, the rent payable for the current month, the date through which rent has been paid, and any related information requested by Lender; within ten (10) days after Borrower’s receipt, copies of all inspection reports, surveys, reviews, and certifications prepared by, for, or on behalf of any licensing or regulatory authority relating to the Mortgaged Property and any legal actions, orders, notices, or reports relating to the Mortgaged Property issued by the applicable regulatory or licensing authorities; within ten (10) days after submission, copies of all incident reports submitted by or on behalf of Borrower or any Property Operator to any liability insurance carrier or any elderly affairs, regulatory or licensing authority; and upon Lender’s written request (but, absent an Event of Default, no more frequently than once in any six (6) month period): any item described in Section 8.2(pppp)(1) or Section 8.2(pppp)(2) for Borrower or any Property Operator (in connection with the operation of the Mortgaged Property), certified as true, complete and accurate by an individual having authority to bind Borrower or such Property Operator; a property management or leasing report for the Mortgaged Property, showing the number of rental applications received from tenants or prospective tenants and deposits received from tenants or prospective tenants, and any other information requested by Lender; a statement of income and expenses for Borrower’s or any Property Operator’s operation of the Mortgaged Property on a year-to-date basis as of the end of each month for such period as requested by Lender, which statement shall be delivered within thirty (30) days after the end of such month requested by Lender; a statement of real estate owned directly or indirectly by Borrower, Affiliated Property Operator and Guarantor for such period as requested by Lender, which statement(s) shall be delivered within thirty (30) days after the end of such month requested by Lender; for any Guarantor, by the later of thirty (30) days after the date requested by Lender and the date one hundred twenty (120) days after the end of the most recent calendar year: that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; that is an individual, or a trust established for estate-planning purposes, a personal financial statement for such calendar year; and balance sheet(s) showing all assets and liabilities of Guarantor and a statement of all contingent liabilities as of the end of such calendar year; a statement that identifies: the direct owners of Borrower and Affiliated Property Operator and their respective interests; the indirect owners (and any non-member managers) of Borrower that Control Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests; the indirect owners of Borrower that hold twenty-five percent (25%) or more of the ownership interests in Borrower (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests; the indirect owners (and any non-member managers) of Affiliated Property Operator that Control Affiliated Master Lessee (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests; and the indirect owners of Affiliated Property Operator that hold twenty-five percent (25%) or more of the ownership interests in Affiliated Master Lessee (excluding any Publicly-Held Corporations or Publicly-Held Trusts) and their respective interests; copies of all reports relating to the services and operations of the Mortgaged Property, including, if applicable, Medicaid cost reports and records relating to account balances due to or from Third Party Payments; and within ten (10) days after submission to Borrower by any Property Operator, the financial statements, reports, documents, communications, and information delivered to Borrower by any Property Operator pursuant to the Facility Operating Agreement, to the extent not otherwise provided under this Loan Agreement. Audited Financials. In the event Borrower, any Property Operator, or Guarantor receives or obtains any audited financial statements and such financial statements are required to be delivered to Lender under Section 8.2(pppp), Borrower shall deliver or cause to be delivered to Lender the audited versions of such financial statements.
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