Common use of Records and Financial Reports Clause in Contracts

Records and Financial Reports. Mortgagor will keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Property and the operation thereof, and will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics to be inspected and copied, and the Property to be inspected and photographed, by Mortgagee and its representatives during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor will furnish to Mortgagee the financial statements required under the Loan Agreement. Mortgagor will furnish to Mortgagee at Mortgagor’s expense all evidence which Mortgagee may from time to time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Property or the books and records, including recorded data of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics of Mortgagor, or the procuring of documents and financial and other information, by or on behalf of Mortgagee shall be for Mortgagee’s protection only, and shall not constitute any assumption of responsibility to Mortgagor or anyone else with regard to the condition, construction, maintenance or operation of the Property nor Mortgagee’s approval of any certification given to Mortgagee nor relieve Mortgagor of any of Mortgagor’s obligations. Mortgagee may from time to time assign or grant participations in the Secured Indebtedness and Mortgagor consents to the delivery by Mortgagee to any acquirer or prospective acquirer of any interest or participation in or with respect to all or part of the Secured Indebtedness such information as Mortgagee now or hereafter has relating to the Property, Mortgagor, any party obligated for payment of any part of the Secured Indebtedness, any tenant or guarantor under any lease affecting any part of the Property and any agent or guarantor under any management agreement affecting any part of the Property.

Records and Financial Reports. Mortgagor will keep accurate books and ----------------------------- records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Property and the operation thereof, and will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics records to be inspected and copied, and the Property to be inspected and photographed, by Mortgagee and its representatives during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor will furnish to Mortgagee the financial statements required under the Loan Agreement. Mortgagor will furnish to Mortgagee at Mortgagor’s 's expense all evidence which Mortgagee may from time to time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Property or the books and records, including recorded data of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics records of Mortgagor, or the procuring of documents and financial and other information, by or on behalf of Mortgagee shall be for Mortgagee’s 's protection only, and shall not constitute any assumption of responsibility to Mortgagor or anyone else with regard to the condition, construction, maintenance or operation of the Property nor Mortgagee’s 's approval of any certification given to Mortgagee nor relieve Mortgagor of any of Mortgagor’s 's obligations. Upon the prior written approval of Mortgagor, which approval shall not be unreasonably withheld or delayed and which approval shall not be required with respect to an assignment or grant of a participation to an affiliate of Mortgagee, Mortgagee may may, from time to time assign time, sell or grant participations in offer to sell the Secured Indebtedness Loan, or interests therein, to one or more assignees or participants and Mortgagor consents is hereby authorized to disseminate any information it now has or hereafter obtains pertaining to the delivery by Mortgagee to secured indebtedness, including, without limitation, any acquirer security for the secured indebtedness and credit or prospective acquirer of any interest or participation in or with respect to all or part of other information on the Secured Indebtedness such information as Mortgagee now or hereafter has relating to the PropertyPremises, Mortgagor, any party obligated for payment of any part of the Secured Indebtedness, any tenant or guarantor under any lease affecting any part of the Property its principals and any agent guarantor, to any assignee or guarantor under participant or prospective assignee or prospective participant, to Mortgagee's affiliates, including without limitation Banc of America Securities LLC, to any management agreement affecting regulatory body having jurisdiction over Mortgagee and to any part of other parties as necessary or appropriate in Mortgagee's reasonable judgment. Mortgagor shall execute, acknowledge and deliver any and all instruments reasonably requested by Mortgagee in connection therewith and to the Propertyextent, if any, specified in any such assignment or participation, such companies, assignees or participants shall have the rights and benefits with respect to the secured indebtedness as such persons would have if such persons were Mortgagee hereunder.

Records and Financial Reports. Mortgagor will keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Property and the operation thereof, and will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics to be inspected and copied, and the Property to be inspected and photographed, by Mortgagee Holder and its representatives during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor will furnish to Mortgagee the Holder such financial information and statements required under as are set forth in the Loan Agreement. Mortgagor will furnish to Mortgagee Holder at Mortgagor’s Xxxxxxxxx's expense all evidence evidence, which Mortgagee Holder may from time to time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Property or the books and records, including recorded data of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics of Mortgagor, or the procuring of documents and financial and other information, by or on behalf of Mortgagee Holder shall be for Mortgagee’s Holder's protection only, and shall not constitute any assumption of responsibility to Mortgagor or anyone else with regard to the condition, construction, maintenance or operation of the Property nor Mortgagee’s Holder's approval of any certification given to Mortgagee Holder nor relieve Mortgagor of any of Mortgagor’s 's obligations. Mortgagee Holder may from time to time assign or grant participations in the Secured Indebtedness and Mortgagor consents to the delivery by Mortgagee Holder to any acquirer or prospective acquirer of any interest or participation in or with respect to all or part of the Secured Indebtedness such information as Mortgagee Holder now or hereafter has relating to the Property, Mortgagor, any party obligated for payment of any part of the Secured Indebtedness, any tenant or guarantor under any lease affecting any part of the Property and any agent or guarantor under any management agreement affecting any part of the Property.

Records and Financial Reports. Mortgagor Borrower will keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Property and the operation thereof, and will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics records to be inspected and copied, and the Property to be inspected and photographed, by Mortgagee Lender and its representatives during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor Borrower will furnish to Mortgagee Lender (i) current operating statements itemizing all income and expenses of the Property for each quarter (and for the fiscal year through the end of such quarter) as soon as reasonably practicable but in any event within fifteen (15) days after the end of such quarter and for the fiscal year of Borrower within sixty (60) days after the end thereof including also a projection of such operations for the next fiscal year; and (ii) a balance sheet (including disclosure of all contingent liabilities) and an income statement of Borrower, for each fiscal year of Borrower as soon as reasonably practicable following the end of such fiscal year, but XXXXX/ORANGE COUNTY ASSOCIATES DEED OF TRUST PAGE 23 in any event within ninety (90) days after the end thereof. Each financial statements required under the Loan Agreementstatement submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, and be certified in writing as true and correct by a representative of Borrower acceptable to Lender. Mortgagor Borrower will furnish to Mortgagee Lender at Mortgagor’s Borrower's expense all evidence which Mortgagee Lender may from time to time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Property or the books and records, including recorded data records of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics of MortgagorBorrower, or the procuring of documents and financial and other information, by or on behalf of Mortgagee Lender shall be for Mortgagee’s Lender's protection only, and shall not constitute any assumption of responsibility to Mortgagor Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property nor Mortgagee’s Lender's approval of any certification given to Mortgagee Lender nor relieve Mortgagor Borrower of any of Mortgagor’s Borrower's obligations. Mortgagee Lender may from time to time assign or grant participations in the Secured Indebtedness secured indebtedness and Mortgagor Borrower consents to the delivery by Mortgagee Lender to any acquirer or prospective acquirer of any interest or participation in or with respect to all or part of the Secured Indebtedness secured indebtedness such information as Mortgagee Lender now or hereafter has relating to the Property, MortgagorBorrower, any party obligated for payment of any part of the Secured Indebtednesssecured indebtedness, any tenant or guarantor under any lease affecting any part of the Property and any agent or guarantor under any management agreement affecting any part of the Property.

Records and Financial Reports. Mortgagor Borrower will keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Property and the operation thereof, and will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics records to be inspected and copied, and the Property to be inspected and photographed, by Mortgagee Lender and its representatives during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor Borrower will furnish to Mortgagee Lender (i) current operating statements itemizing all income and expenses of the Property for each quarter (and for the fiscal year through the end of such quarter) as soon as reasonably practicable but in any event within fifteen (15) days after the end of such quarter and for the fiscal year of Borrower within sixty (60) days after the end thereof including also a projection of such operations for the next fiscal year; and (ii) a balance sheet (including disclosure of all contingent liabilities) and an income statement of Borrower, for each fiscal year of Borrower as soon as reasonably practicable following the end of such fiscal year, but in any event within ninety (90) days after the end thereof. Each financial statements required under the Loan Agreementstatement submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 23 principles, consistently applied, and be certified in writing as true and correct by a representative of Borrower acceptable to Lender. Mortgagor Borrower will furnish to Mortgagee Lender at Mortgagor’s Borrower's expense all evidence which Mortgagee Lender may from time to time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Property or the books and records, including recorded data records of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics of MortgagorBorrower, or the procuring of documents and financial and other information, by or on behalf of Mortgagee Lender shall be for Mortgagee’s Lender's protection only, and shall not constitute any assumption of responsibility to Mortgagor Borrower or anyone else with regard to the condition, construction, maintenance or operation of the Property nor Mortgagee’s Lender's approval of any certification given to Mortgagee Lender nor relieve Mortgagor Borrower of any of Mortgagor’s Borrower's obligations. Mortgagee Lender may from time to time assign or grant participations in the Secured Indebtedness secured indebtedness and Mortgagor Borrower consents to the delivery by Mortgagee Lender to any acquirer or prospective acquirer of any interest or participation in or with respect to all or part of the Secured Indebtedness secured indebtedness such information as Mortgagee Lender now or hereafter has relating to the Property, MortgagorBorrower, any party obligated for payment of any part of the Secured Indebtednesssecured indebtedness, any tenant or guarantor under any lease affecting any part of the Property and any agent or guarantor under any management agreement affecting any part of the Property.

Records and Financial Reports. Mortgagor will keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Property and the operation thereof, and will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics to be inspected and copied, and the Property to be inspected and photographed, by Mortgagee and its representatives during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor will furnish to Mortgagee the financial statements required under the Loan Agreement. Mortgagor will furnish to Mortgagee at Mortgagor’s 's expense all evidence which Mortgagee may from time to time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Property or the books and records, including recorded data of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics of Mortgagor, or the procuring of documents and financial and other information, by or on behalf of Mortgagee shall be for Mortgagee’s 's protection only, and shall not constitute any assumption of responsibility to Mortgagor or anyone else with regard to the condition, construction, maintenance or operation of the Property nor Mortgagee’s 's approval of any certification given to Mortgagee nor relieve Mortgagor of any of Mortgagor’s 's obligations. Mortgagee may from time to time assign or grant participations in the Secured Indebtedness and Mortgagor consents to the delivery by Mortgagee to any acquirer or prospective acquirer of any interest or participation in or with respect to all or part of the Secured Indebtedness such information as Mortgagee now or hereafter has relating to the Property, Mortgagor, any party obligated for payment of any part of the Secured Indebtedness, any tenant or guarantor under any lease affecting any part of the Property and any agent or guarantor under any management agreement affecting any part of the Property.

Records and Financial Reports. Mortgagor will keep accurate books ----------------------------- and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Property and the operation thereof, and will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics records to be inspected and copied, and the Property to be inspected and photographed, by Mortgagee and its representatives during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor will furnish to Mortgagee current operating statements itemizing all income and expenses of the Property, for each quarter (and for the fiscal year through the end of such quarter) as soon as reasonably practicable but in any event within fifteen (15) days after the end of such quarter and for the fiscal year of Mortgagor within sixty (60) days after the end thereof including also a projection of such operations for the next fiscal year; (ii) a balance sheet (including disclosure of all contingent liabilities) and an income statement of Mortgagor, for each fiscal year of Mortgagor as soon as reasonably practicable following the end of such fiscal year, but in any event within ninety (90) days after the end thereof. Each financial statements required under the Loan Agreementstatement submitted pursuant to this paragraph shall be prepared in accordance with generally accepted accounting principles, consistently applied, and be certified in writing as true and correct by a representative of Mortgagor acceptable to Mortgagee. Mortgagor will furnish to Mortgagee at Mortgagor’s 's expense all evidence which Mortgagee may from time to time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Property or the books and records, including recorded data of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics records of Mortgagor, or the procuring of documents and financial and other information, by or on behalf of Mortgagee shall be for Mortgagee’s 's protection only, and shall not constitute any assumption of responsibility to Mortgagor or anyone else with regard to the condition, construction, maintenance or operation of the Property nor Mortgagee’s 's approval of any certification given to Mortgagee nor relieve Mortgagor of any of Mortgagor’s 's obligations. Mortgagee may from time to time assign or grant participations in the Secured Indebtedness secured indebtedness and Mortgagor consents to the delivery by Mortgagee to any acquirer or prospective acquirer of any interest or participation in or with respect to all or part of the Secured Indebtedness secured indebtedness such information as Mortgagee now or hereafter has relating to the Property, Mortgagor, any party obligated for payment of any part of the Secured Indebtednesssecured indebtedness, any tenant or guarantor under any lease affecting any part of the Property and any agent or guarantor under any management agreement affecting any part of the Property.

Records and Financial Reports. Mortgagor Grantor will keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Mortgaged Property and the operation thereof, and upon reasonable notice will permit all such books and records, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics records to be inspected and copied, and and, subject to rights of tenants, the Mortgaged Property to be inspected and photographed, by Mortgagee Agent and its representatives upon reasonable notice and during normal business hours and at any other reasonable times. Without limitation of other or additional requirements in any of the other Loan Documents, Mortgagor Grantor will furnish to Mortgagee Agent current operating statements itemizing all income and expenses of the Mortgaged Property, for each month (and for the fiscal year through the end of such month) as soon as reasonably practicable but in any event within thirty (30) days after the end of such month and for each fiscal year of Grantor within ninety (90) days after the end thereof including also a projection of such operations for the next fiscal year. Each financial statements required under the Loan Agreementstatement submitted pursuant to this paragraph shall be certified in writing as true and correct by Grantor (or if Grantor is not a natural person, by a representative of Grantor acceptable to Agent). Mortgagor Grantor will furnish to Mortgagee Agent at Mortgagor’s Grantor's expense all evidence which Mortgagee Agent may from time to time-to-time reasonably request as to compliance with all provisions of the Loan Documents. Any inspection or audit of the Mortgaged Property or the books and records, including recorded data records of any kind or nature, regardless of the medium of recording including, without limitation, software, writings, plans, specifications and schematics of MortgagorGrantor, or the procuring of documents and financial and other information, by or on behalf of Mortgagee Agent shall be for Mortgagee’s Agent's protection only, and shall not constitute any assumption of responsibility to Mortgagor Grantor or anyone else with regard to the condition, construction, maintenance maintenance, or operation of the Mortgaged Property nor Mortgagee’s Agent's approval of any certification given to Mortgagee Agent nor relieve Mortgagor Grantor of any of Mortgagor’s Grantor's obligations. Mortgagee may from time to time assign or grant participations in the Secured Indebtedness and Mortgagor Grantor consents to the delivery by Mortgagee Agent to any acquirer or prospective acquirer of any interest or participation in or with respect to all or part of the Secured Indebtedness secured indebtedness such information as Mortgagee Agent now or hereafter has relating to the Mortgaged Property, MortgagorGrantor, any party obligated for payment of any part of the Secured Indebtednesssecured indebtedness, any tenant or guarantor under any lease affecting any part of the Mortgaged Property and any agent or guarantor under any management agreement affecting any part of the Mortgaged Property.. (p)