Common use of Records and Accounts Clause in Contracts

Records and Accounts. The Borrower and the Guarantors will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP, or (y) change its fiscal year. Agent and the Lenders acknowledge that Parent Company’s fiscal year as of the date hereof is a calendar year.

Appears in 7 contracts

Samples: Credit Agreement (QTS Realty Trust, Inc.), Term Loan Agreement (QualityTech, LP), Credit Agreement (QTS Realty Trust, Inc.)

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Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the AgentRequired Lenders, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. Agent and the Lenders acknowledge that Parent CompanyParent’s and Borrower’s fiscal year as of the date hereof is a calendar year.

Appears in 6 contracts

Samples: Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Gladstone Commercial Corp)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person Person, except with respect to changes in GAAP as set forth in §1.2(k), in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent CompanyREIT’s fiscal year as of the date hereof is a calendar year.

Appears in 6 contracts

Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.), Credit Agreement (Global Net Lease, Inc.), Senior Secured Credit Agreement (Healthcare Trust, Inc.)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent 7.4, unless such change is required by GAAPGAAP or is mandated by GAAP to became effective, or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent CompanyREIT’s fiscal year as of the date hereof is a calendar year.

Appears in 3 contracts

Samples: Credit Agreement (Condor Hospitality Trust, Inc.), Term Loan Agreement (Condor Hospitality Trust, Inc.), Credit Agreement (Condor Hospitality Trust, Inc.)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent CompanyREIT’s fiscal year as of the date hereof is a calendar year.

Appears in 3 contracts

Samples: Credit Agreement (Four Springs Capital Trust), Credit Agreement (Four Springs Capital Trust), Term Loan Agreement (Four Springs Capital Trust)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent (unless required by GAAPin accordance with GAAP or Applicable Law), or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent Companythe REIT’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Credit Agreement (Monogram Residential Trust, Inc.)

Records and Accounts. The Each Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the any Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Administrative Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §Section 6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. Administrative Agent and the Lenders acknowledge that Parent CompanyParent’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Griffin-American Healthcare REIT III, Inc.)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent CompanyREIT’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust Inc)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person Person, except with respect to changes in GAAP as set forth in §1.2(k), in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent CompanyRXXX’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Credit Agreement (Global Net Lease, Inc.)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent (unless required by GAAPin accordance with GAAP or Applicable Law), or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent CompanyBorrower’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Credit Agreement (Monogram Residential Trust, Inc.)

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Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person Person, except with respect to changes in GAAP as set forth in Section 1.2(k), in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAPSection 6.1, or (y) change its fiscal year. Agent and the Lenders acknowledge that Parent Company’s fiscal year from its present basis as of the date hereof is a calendar yearhereof.

Appears in 1 contract

Samples: Credit Agreement (Oak Street Net Lease Trust)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the AgentRequired Lenders, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. Agent and the Lenders acknowledge that Parent CompanyRPB’s and Borrower’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Republic Property Trust)

Records and Accounts. The Borrower Borrowers and the Guarantors will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither None of the BorrowerBorrowers, any Guarantor nor the Guarantors or any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP, or (y) change its fiscal year. Agent and the Lenders acknowledge that Parent Company’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent 7.4, unless otherwise required by GAAP, or (y) change its fiscal year. Agent and the Lenders acknowledge that Parent CompanyREIT’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

Records and Accounts. The Borrower and the Guarantors each Guarantor will (a) keep, and cause each of their respective Subsidiaries to keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and amortization of their respective its properties and the properties of their respective Subsidiaries, contingencies and other reserves. Neither the Borrower, any Guarantor nor any of their respective Subsidiaries shall, without the prior written consent of the Agent, (x) make any material change to the accounting policies/principles used by such Person in preparing the financial statements and other information described in §6.4 or §7.4 except to the extent required by GAAP7.4, or (y) change its fiscal year. The Agent and the Lenders acknowledge that Parent Companythe REIT’s fiscal year as of the date hereof is a calendar year.

Appears in 1 contract

Samples: Credit Agreement (Modiv Inc.)

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