Common use of Status Reports and Financial Statements Clause in Contracts

Status Reports and Financial Statements. Recognizing that Landlord and Tenant may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each party, on the request of the other made from time to time (but not more often than once annually), will promptly furnish to the other, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the Complex, (each an “Interested Party”), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord (but not more often than once annually), including, but not limited to financial statements for the past three (3) years. Landlord shall keep any non-public information provided by Tenant pursuant to this Section 9.15 confidential, and shall not disclose the same other than (i) to Landlord’s officers, employees and consultants (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceeding. Any such status statement or financial statement delivered by Landlord or Tenant pursuant to this Section 9,15 may be relied upon by any Interested Party.

Appears in 2 contracts

Samples: Agreement (Proteon Therapeutics Inc), Agreement (Proteon Therapeutics Inc)

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Status Reports and Financial Statements. Recognizing that Landlord and Tenant each party may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each party, on the request of the other made from time to time (but not more often than once annually)time, will promptly furnish to the otherrequesting party, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the Complex, (each an “Interested Party”), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord (but not more often than frequently that once annuallyduring any calendar year), including, but not limited to financial statements for the past three (3) years. Landlord shall keep any non-public information provided by Tenant pursuant to this Section 9.15 confidential, and shall not disclose the same other than (i) to Landlord’s officers, employees and consultants (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceeding. Any such status statement or financial statement delivered by Landlord or Tenant pursuant to this Section 9,15 9.15 may be relied upon by any Interested Party.

Appears in 2 contracts

Samples: Burlington Mall Road (Flexion Therapeutics Inc), Burlington Mall Road (Flexion Therapeutics Inc)

Status Reports and Financial Statements. Recognizing that Landlord and Tenant may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each partyTenant, on the request of the other Landlord made from time to time (but not more often than once annually)time, will promptly furnish to the otherLandlord, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the Complex, (each an "Interested Party"), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s 's obligations under this Lease, as reasonably requested by Landlord (but not more often than once annually)Landlord, including, but not limited to financial statements for the past three (3) years. Landlord shall keep any non-public information provided by Tenant pursuant to this Section 9.15 confidential, and shall not disclose the same other than (i) to Landlord’s officers, employees and consultants (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceeding. Any such status statement or financial statement delivered by Landlord or Tenant pursuant to this Section 9,15 8.16 may be relied upon by any Interested Party. As a condition to the release of any financial statements to any Interested Party, the Interested Party shall execute and deliver to with Tenant a confidentiality agreement in form and substance reasonably acceptable to both parties.

Appears in 2 contracts

Samples: Agreement (Unica Corp), Agreement (Unica Corp)

Status Reports and Financial Statements. Recognizing that Landlord and Tenant may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each partyTenant, on within ten (10) days after the request of the other Landlord made from time to time (but not more often than once annually)time, will promptly furnish to the otherLandlord, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the Complex, (each an “Interested Party”), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, Landlord financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord (but not more often than once annually), including, but not limited to financial statements for the past three (3) years. , Landlord shall keep any non-public information provided by Tenant pursuant to this Section 9.15 confidential, and shall not disclose the same other than (i) to Landlord’s officers, employees and consultants (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceeding. Any such status statement or financial statement delivered by Landlord or Tenant pursuant to this Section 9,15 9.15 may be relied upon by any Interested Party.

Appears in 1 contract

Samples: Sublease Agreement (Minerva Neurosciences, Inc.)

Status Reports and Financial Statements. Recognizing that Landlord and Tenant may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each partyTenant, on within ten (10) business days after the request of the other Landlord made from time to time (but not more often than once annually)time, will promptly furnish to the otherLandlord, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the Complex, (each an “Interested Party”), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord (but not no more often than once annuallyper year, unless an Event of Default exists), including, but not limited to financial statements for the past three (3) years. Landlord shall keep any non-public information provided by Tenant pursuant to this Section 9.15 confidential, and shall not disclose the same other than (i) to Landlord’s officers, employees and consultants (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceeding. Any such status statement or financial statement delivered by Landlord or Tenant pursuant to this Section 9,15 9.15 (or any financial statement otherwise delivered by Tenant in connection with this Lease or any future amendment hereto) may be relied upon by any Interested Party. Landlord agrees to keep such financial information confidential, except for Landlord’s partners, lenders, accountants and attorneys, who have been advised of the confidentiality provisions contained herein and agree to be bound by the same.

Appears in 1 contract

Samples: Agreement (Dynatrace Holdings LLC)

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Status Reports and Financial Statements. Recognizing that Landlord and Tenant may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each partyTenant, on the request of the other Landlord made from time to time (but not more often than once annually)time, will promptly furnish to the otherLandlord, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the Complex, (each an "Interested Party"), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s 's obligations under this Lease, as reasonably requested by Landlord (but not no more often frequently than once annually)during any twelve (12) month period, including, but not limited to financial statements for the past three (3) years. Landlord years (provided, however, that the provisions of this sentence shall keep any non-be inapplicable for so long as Tenant is a public information provided by Tenant pursuant to this Section 9.15 confidential, and shall not disclose the same other than (i) to Landlord’s officers, employees and consultants (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceedingcompany whose stock is traded on a national exchange). Any such status statement or financial statement delivered by Landlord or Tenant pursuant to this Section 9,15 8.16 may be relied upon by any Interested Party.

Appears in 1 contract

Samples: Netegrity Inc

Status Reports and Financial Statements. Recognizing that Landlord and Tenant may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, each partyTenant, on the request of the other Landlord made from time to time (but not more often than once annually)time, will promptly furnish to the otherLandlord, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or the Complex Property or any potential purchaser of the Premises, the Building, the Site and/or the ComplexProperty, (each an “Interested Party”), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord (but not more often than once annually)Landlord, including, but not limited to financial statements for the past three (3) years. Any such status statement or financial statement delivered by Tenant pursuant to this Section 9.15 may be relied upon by any Interested Party. Landlord shall keep any non-public information provided by Tenant pursuant to this Section 9.15 confidential, and shall not disclose the same other than (i) to Landlord’s officers, employees and consultants (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceeding. Any such status statement or financial statement delivered by Landlord or Tenant pursuant to this Section 9,15 may be relied upon by any Interested Party.

Appears in 1 contract

Samples: Agreement (TESARO, Inc.)

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