Owner Financial Statements Clause Samples

Owner Financial Statements. Manager shall deliver (or cause to be delivered) to Owner, TAP and the Administrative Agent, (i) within sixty (60) days after the end of each of the first three fiscal quarters of each fiscal year, unaudited financial statements of Owner (which shall include no footnotes), and (ii) within one hundred twenty (120) days after the end of each fiscal year of Owner, a copy of the annual audited financial statement of Owner prepared on a consistent basis, in conformity with GAAP and certified by an independent certified public account of recognized national standing.

Owner Financial Statements. Copies of Owner’s consolidated audited financial statements consisting of the balance sheet of the Company as at December 31, 2018 and in each of the years ending December 31, 2017 and December 31, 2016 and the related statements of income and retained earnings, stockholders’ equity and cash flow for the years then ended and notes to the financial statements (the “Owner Audited Financial Statements”), and unaudited consolidated financial statements consisting of the consolidated balance sheet of the Company as at June 30, 2019 and the related consolidated statements of income and retained earnings, stockholders’ equity and cash flow for the six-month period then ended (the “Owner Interim Financial Statements” and together with the Owner Audited Financial Statements, the “Owner Financial Statements”) have been delivered or made available to Buyer in the Data Room. The Owner Financial Statements have been prepared in accordance with GAAP applied on a consistent basis throughout the period involved, subject, in the case of the Interim Financial Statements, to normal and recurring year-end adjustments and the absence of notes and are correct and complete in all material respects. The Owner Financial Statements fairly present in all material respects the financial condition of Owner, as of the respective dates they were prepared and the results of the operations and cash flows of Owner for the periods indicated. The books and records of Owner have been, and are being, maintained in all material respects in accordance with applicable legal and accounting requirements (including, without limitation, GAAP) and the Owner Financial Statements are consistent with such books and records.

Owner Financial Statements. The Owner Financial Statements referred to herein are current, correct and complete in all material respects, fairly present the financial condition and assets of each Owner as of September 30, 2021 and no other liabilities are required by U.S. generally accepted accounting principles to be disclosed thereunder. Since the date of the Owner Financial Statements, except as otherwise disclosed in writing to Purchaser, there has been no material change in the financial position of the Holdco Subsidiaries, General Partners, the Owners, the Interests or the Properties.