Common use of Providing Financial Information Clause in Contracts

Providing Financial Information. Beginning with the quarter ending December 31, 2013, Borrowers shall furnish to Agent (a) evidence of payment of real estate taxes assessed against each Property on or before each due date thereof during the term of the Loan, (b) annual unaudited financial statements for each Borrower and Guarantor within one hundred twenty (120) days of each fiscal year end, including balance sheets, income statements, a statement of cash flow and supporting schedules reasonably requested by Agent, (c) quarterly unaudited financial statements for each Borrower and Guarantor, within forty-five (45) days of each calendar quarter end (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including balance sheets and income statements, and at Agent's request, a statement of funds available for distribution and a supplementary real estate schedule (including, when applicable, covenant compliance certificates from Guarantor in form and substance satisfactory to Agent with respect to Guarantor's financial covenants set forth in the Guaranty), (d) to the extent there is a balance outstanding under the Loan during such period, a quarterly certification statement and Availability Amount calculation within forty-five (45) days of each calendar quarter end, (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including the Borrowing Base Amount calculation, in form and substance satisfactory to Agent, and (e) such additional information as Agent shall reasonably request (not more than once per month) regarding any Borrower, Guarantor and any Property, within thirty (30) days (or such reasonably necessary time period as may be required by Borrower or Guarantor) after Agent's written request therefor. All such financial statements shall be in reasonable detail, shall be prepared in accordance with GAAP, and shall be certified by the party to which they apply as true, correct and complete. Notwithstanding the foregoing provisions of this Section 5.4 which permit the Guarantor to provide unaudited financial statements, in the event that KBS Real Estate Investment Trust, Inc. shall no longer provide audited consolidated financial statements to the Securities and Exchange Commission, which include the results of operations of Guarantor, the annual financial statements of Guarantor to be delivered to Agent above shall be audited by a third-party certified public accountant reasonably satisfactory to Agent (although unaudited financial statements shall no longer be permitted with regard to the Guarantor's last fiscal quarter, unaudited financial statements may be provided for the first three (3) fiscal quarters of the Guarantor's fiscal year).

Providing Financial Information. Beginning with the quarter ending December 31June 30, 20132012, Borrowers Borrower shall furnish to Agent (a) evidence of payment of real estate taxes assessed against each Property on or before each due date thereof during the term of the Loan, (b) annual unaudited financial statements for each Borrower and each Guarantor within one hundred twenty (120) days of each fiscal year end, including balance sheets, income statements, a statement of cash flow and supporting schedules reasonably requested by Agent, (c) quarterly unaudited financial statements for each Borrower and each Guarantor, within forty-five (45) days of each calendar fiscal quarter end (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31)end, including balance sheets and income statements, and at Agent's request, a statement of funds available for distribution and a supplementary real estate schedule (including, when applicable, covenant compliance certificates from each Guarantor in form and substance satisfactory to Agent with respect to Guarantor's financial covenants set forth in the Guaranty), (d) to the extent there is a balance outstanding under the Loan during such period, a quarterly certification statement and Availability Amount calculation within forty-five (45) days of each calendar fiscal quarter end, (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including the Borrower's Borrowing Base Amount calculation, in form and substance satisfactory to Agent, and (e) such additional information as Agent shall reasonably request (not more than once per month) regarding any Borrower, any Guarantor and any Property, within thirty (30) days (or such reasonably necessary time period as may be required by Borrower or any Guarantor) after Agent's written request therefor. Notwithstanding the foregoing, so long as Parent REIT files a 10-K Form (the "10-K Form") or a 10-Q Form (the "10-Q Form") with the U.S. Securities and Exchange Commission, the foregoing requirement to provide annual unaudited financial statements or quarterly unaudited financial statements, as applicable, for Parent REIT shall be deemed satisfied. All such financial statements shall be in -33- Loan Agreement (KBS REIT III) reasonable detail, shall be prepared in accordance with GAAP, and shall be certified by the party to which they apply as true, correct and complete. Notwithstanding the foregoing provisions of this Section 5.4 which permit the Guarantor to provide unaudited financial statements, in the event that KBS Real Estate Investment Trust, Inc. shall no longer provide audited consolidated financial statements to the Securities and Exchange Commission, which include the results of operations of Guarantor, the annual financial statements of Guarantor to be delivered to Agent above shall be audited by a third-party certified public accountant reasonably satisfactory to Agent (although unaudited financial statements shall no longer be permitted with regard to the Guarantor's last fiscal quarter, unaudited financial statements may be provided for the first three (3) fiscal quarters of the Guarantor's fiscal year).

Providing Financial Information. Beginning with the quarter ending December 31, 2013, Borrowers Borrower shall furnish to Agent (a) evidence of payment of real estate taxes assessed against each the Property on or before each due the date thereof such taxes become delinquent during the term of the Loan, (b) annual unaudited financial statements for each Borrower and Guarantor within one hundred twenty (120) days of each fiscal year end, including balance sheets, income statements, a statement of cash flow and supporting schedules reasonably requested by Agent, (c) quarterly unaudited financial statements for each Borrower and Guarantor, Guarantor within forty-five sixty (4560) days of each calendar fiscal quarter end (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including balance sheets and income statements, and at Agent's request, a statement of funds available for distribution and a supplementary real estate schedule (including, when applicable, covenant compliance certificates from Guarantor in form and substance satisfactory to Agent with respect to Guarantor's financial covenants set forth in the Guaranty), (d) to the extent there is a balance outstanding under the Loan during such period, a quarterly certification statement and Availability Amount calculation within forty-five sixty (4560) days of each calendar fiscal quarter end, end (except for the fiscal quarters ending December 31, for which such statements items shall be delivered within one hundred twenty (120) days of each December 31) of Borrower's Historic Debt Service Coverage Ratio calculation (commencing with the reporting period ending on December 31, 2016), including the Borrowing Base Amount calculation, in form and substance satisfactory to Agent, and (e) such additional other reasonable information as Agent shall reasonably request (not more than once per month) regarding any Borrower, Guarantor deems appropriate and any Property, within thirty (30) days (or such reasonably necessary time period as may be required by Borrower or Guarantor) after Agent's written request thereforis customary for a transaction of this nature. All such financial statements shall be in reasonable detail, shall be prepared in accordance with GAAP, and shall be certified by the party to which they apply as true, correct and complete. Notwithstanding the foregoing provisions of this Section 5.4 which permit the Guarantor to provide unaudited financial statementsforegoing, in the event that if KBS Real Estate Investment TrustStrategic Opportunity REIT II, Inc. shall ("Parent REIT") no longer provide audited consolidated financial statements to files a 10-K Form (the "10-K Form") or a 10-Q Form (the "10-Q Form") with the U.S. Securities and Exchange Commission, which include the results of operations of Guarantor, the Guarantor or Parent REIT shall during any such time thereafter be required to provide annual financial statements of Guarantor to be delivered to Agent above shall be audited (by a third-party certified public accountant reasonably satisfactory to Agent (although Agent) financial statements and quarterly unaudited financial statements shall no longer be permitted with regard to the Guarantor's last fiscal quarter, unaudited financial statements may be provided for the first three (3) fiscal quarters of the Guarantor's fiscal year)statements.

Providing Financial Information. Beginning with the quarter ending December March 31, 2013, Borrowers Borrower shall furnish to Agent (a) evidence of payment of real estate taxes assessed against each Property on or before each due date thereof during the term of the Loan, (b) annual unaudited financial statements for each Borrower and Guarantor within one hundred twenty (120) days of each fiscal year end, including balance sheets, income statements, a statement of cash flow and supporting schedules reasonably requested by Agent, (c) quarterly unaudited financial statements for each Borrower and Guarantor, within forty-five (45) days of each calendar fiscal quarter end (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including balance sheets and income statements, and at Agent's request, a statement of funds available for distribution and a supplementary real estate schedule (including, when applicable, covenant compliance certificates from Guarantor in form and substance satisfactory to Agent with respect to Guarantor's financial covenants set forth in the Guaranty), (d) to the extent there is a balance outstanding under the Loan during such period, a quarterly certification statement and Availability Amount calculation within forty-five (45) days of each calendar fiscal quarter end, (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including the Borrower's Borrowing Base Amount calculation, in form and substance satisfactory to Agent, and (e) such additional information as Agent shall reasonably request (not more than once per month) regarding any Borrower, Guarantor and any Property, within thirty (30) days (or such reasonably necessary time period as may be required by Borrower or Guarantor) after Agent's written request therefor. All such financial statements shall be in reasonable detail, shall be prepared in accordance with GAAP, and shall be certified by the party to which they apply as true, correct and complete. Notwithstanding the foregoing provisions of this Section 5.4 which permit the Guarantor to provide unaudited financial statements, in the event that KBS Real Estate Investment Trust, Inc. shall no longer provide audited consolidated financial statements to the Securities and Exchange Commission, which include the results of operations of Guarantor, the annual financial statements of Guarantor to be delivered to Agent above shall be audited by a third-party certified public accountant reasonably satisfactory to Agent (although unaudited financial statements shall no longer be permitted with regard to the Guarantor's last fiscal quarter, unaudited financial statements may be provided for the first three (3) fiscal quarters of the Guarantor's fiscal year).

Providing Financial Information. Beginning with the quarter ending December 31, 2013, Borrowers Borrower shall furnish to Agent (a) evidence of payment of real estate taxes assessed against each Property on or before each due date thereof during the term of the Loan, (b) annual unaudited financial statements for each Borrower and Guarantor within one hundred twenty (120) days of each fiscal year end, including balance sheets, income statements, a statement of cash flow and supporting schedules reasonably requested by Agent, (c) quarterly unaudited financial statements for each Borrower and Guarantor, within forty-five (45) days of each calendar fiscal quarter end (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31)end, including balance sheets and income statements, and at Agent's ’s request, a statement of funds available for distribution and a supplementary real estate schedule (including, when applicable, covenant compliance certificates from each Guarantor in form and substance satisfactory to Agent with respect to Guarantor's ’s financial covenants set forth in the Guaranty), (d) to the extent there is a balance outstanding under the Loan during such period, a quarterly certification statement and Availability Amount calculation within forty-five (45) days of each fiscal quarter end (using the information from the prior two calendar quarter end, (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31quarters), including the Borrower’s Borrowing Base Amount calculation, in form and substance reasonably satisfactory to Agent, and (e) such additional information as Agent shall reasonably request (not more than once per month) regarding any Borrower, any Guarantor and any Property, within thirty (30) days (or such reasonably necessary time period as may be required by Borrower or any Guarantor) after Agent's ’s written request therefor. Notwithstanding the foregoing, if the Parent REIT no longer files a 10-K Form (the “10-K Form”) or a 10-Q Form (the “10-Q Form”) with the U.S. Securities and Exchange Commission, the Guarantor or Parent REIT shall during any such time thereafter be required to provide annual audited (by a third-party certified public accountant satisfactory to Agent) financial statements and quarterly unaudited financial statements. All such financial statements shall be in reasonable detail, shall be prepared in accordance with GAAP, and shall be certified by the party to which they apply as true, correct and complete. Notwithstanding For purposes of clarification, to the foregoing provisions extent that Borrower provides the financial statements and information required under Section 2.1(o) in connection with the closing of this Section 5.4 which permit the Guarantor Loan, Borrower shall not also be required to provide unaudited financial statementsthat same exact information under Sections 5.4, 5.5 and 5.6 hereof (but will be required to provide all other and future information specified in the event that KBS Real Estate Investment Trust, Inc. shall no longer provide audited consolidated financial statements to the Securities and Exchange Commission, which include the results of operations of Guarantor, the annual financial statements of Guarantor to be delivered to Agent above shall be audited by a third-party certified public accountant reasonably satisfactory to Agent (although unaudited financial statements shall no longer be permitted with regard to the Guarantor's last fiscal quarter, unaudited financial statements may be provided for the first three (3) fiscal quarters of the Guarantor's fiscal yearsuch sections).