Common use of Status Reports and Financial Statements Clause in Contracts

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on the request of Landlord made from time to time, will furnish to Landlord within ten (10) business days of Tenant’s receipt of Landlord’s request therefor, 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 (not more than once per calendar year unless there has been an Event of Default hereunder), annual financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord, including, but not limited to financial statements for the past three (3) years. Any such status statement (but no such 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 financial statements 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, and to the extent such financial statements are provided to Interested Parties, Landlord shall advise such Interested Parties of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant within ten (10) business days of Tenant’s request therefor, a customary estoppel certificate which may be relied upon by Tenant and third parties reasonably designated by Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL)

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on within ten (10) business days after the request of Landlord made from time to time, will promptly furnish to Landlord within ten (10) business days of Tenant’s receipt of Landlord’s request therefor, 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 (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord, including, but not limited to financial statements for the past three (3) years. Any such status statement (but no such or financial statement) statement delivered by Tenant pursuant to this Section 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. For so long as Tenant is a publicly-traded entity, Tenant’s obligation to deliver financial statements shall be limited to such statements as are publicly available or required by law to be made public. Landlord shall keep any non-public financial statements 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, and to the extent such financial statements are provided to Interested Parties, Landlord shall advise such Interested Parties of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant within ten (10) business days of Tenant’s request therefor, a customary estoppel certificate which may be relied upon by Tenant and third parties reasonably designated by Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL).

Status Reports and Financial Statements. Recognizing that Landlord 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, TenantTenant will, on within ten (10) business days after the request of Landlord made from time to time, will furnish to Landlord within ten (10) business days of Tenant’s receipt of Landlord’s request therefor, or any existing or potential holder of any mortgage encumbering the Premises, the Building, the Site and/or 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 (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord, including, but not limited to financial statements for the past three (3) years. Any such status statement (but no such or financial statement) statement delivered by Tenant pursuant to this Section 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. Notwithstanding the foregoing, for so long as Tenant’s stock is publicly traded on a national exchange that requires its financial statements to be publicly disclosed, Tenant shall have no obligation to deliver any financial statements to Landlord. Landlord shall keep any non-public financial statements 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 governmental, or judicial proceeding, and to the extent such financial statements are provided to Interested Parties, Landlord shall advise such Interested Parties of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant within ten (10) business days of Tenant’s request therefor, a customary estoppel certificate which may be relied upon by Tenant and third parties reasonably designated by Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL).

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on the request of Landlord made from time to time, but no more frequently than every six (6) months, will promptly furnish to Landlord within ten (10) business days of Tenant’s receipt of Landlord’s request therefor, 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 (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s 's obligations under this Lease, as reasonably requested by LandlordLandlord in connection with a financing, refinancing, sale or other transfer of the Site or any portion thereof or interests therein, including, but not limited to financial statements for the past three (3) years. Any such status statement (but no such or financial statement) statement delivered by Tenant pursuant to this Section 9.15 8.16 may be relied upon by any Interested Party. Landlord shall keep hold any non-public financial statements information provided by Tenant pursuant to this Section 9.15 confidential, in such statements in the strictest confidence and shall not only disclose the same other than (i) to Landlord’s officers, employees and consultants (or those parties who need to any of the Interested Parties) or (ii) have access to the extent required information in order to evaluate the transaction at issue, which such persons are also subject to an obligation of confidentiality, either by applicable law contract or by any administrative, governmental or judicial proceeding, and to the extent such financial statements are provided to Interested Parties, Landlord shall advise such Interested Parties nature of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant within ten (10) business days of Tenant’s request therefor, a customary estoppel certificate which may be relied upon by Tenant and third parties reasonably designated by Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL)their professional relationship with Landlord.

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on the request of Landlord made from time to time, will furnish to Landlord within ten fifteen (1015) business days of Tenant’s receipt of after such request furnish to Landlord’s request therefor, or any existing or potential holder of any mortgage encumbering the Premises, the Building, and/or the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the ComplexSite, (each an “Interested Party”), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments (which may be limited to Tenant’s actual knowledge), that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. Any such status statement delivered by Tenant pursuant to this Section 8.16 may be relied upon by any Interested Party. In addition, within fifteen (15) business days after Landlord’s request, Tenant shall deliver to Landlord, Landlord or any Interested Party designated by Landlord (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord, including, but not limited to annual audited financial statements for the past three prior fiscal year to the extent available and maintained by Tenant, except that so long as Tenant’s stock is publicly traded on a national exchange (3or publicly listed in an equivalent manner, such as on NASDAQ) yearsthat requires its financial statements to be publicly disclosed, Tenant shall have no obligation to deliver any financial statements to Landlord. Any such status statement (but no such In the event that Tenant is not publicly traded or listed as aforesaid, any audited financial statement) statements delivered by Tenant pursuant to this Section 9.15 8.16 may be relied upon (to the extent commercially reasonable to do so) by any Interested Party. Landlord shall keep any non-public financial statements information provided by Tenant pursuant to this Section 9.15 8.16 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, and to the extent such financial statements are provided to Interested Parties. At Tenant’s request, Landlord shall advise such Interested Parties of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant similarly within ten fifteen (1015) business days of after Tenant’s request thereforrequest, furnish to Tenant a customary estoppel certificate commercially reasonable statement with similar types of information as set forth above, which statement may be relied upon by Tenant and third parties reasonably designated by any actual or prospective assignee, subtenant, lender or purchaser of Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL).

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on within ten (10) business days after the request of Landlord made from time to time, will furnish to Landlord within ten (10) business days of Tenant’s receipt of Landlord’s request therefor, 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 (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested in writing by Landlord, including, but not limited to financial statements for the past three (3) years. Notwithstanding the foregoing: (i) in no event shall Landlord request such statements more often than one (1) time per calendar year, unless such statements are requested by Landlord in connection with a sale or financing of the Building or an Event of Default by Tenant. Any non-public financial statements shall be treated as confidential and may be disclosed only (a) as required by administrative, judicial or governmental order or decree, (b) to prospective purchasers and lenders (and their respective accounting, financial and legal advisors) subject to the aforesaid requirements of confidentiality, or (c) as may be required by Legal Requirements. Any such status statement (but no such or financial statement) statement delivered by Tenant pursuant to this Section 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 shall keep any non-public financial statements 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, and to the extent such financial statements are provided to Interested Parties, Landlord shall advise such Interested Parties of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant within ten (10) business days of Tenant’s request therefor, a customary estoppel certificate which may be relied upon by Tenant and third parties reasonably designated by Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL).

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on the upon not less than ten (10) days prior written request of Landlord made from time to time, will promptly furnish to Landlord within ten (10) business days of Tenant’s receipt of Landlord’s request therefor, 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”), shall sign and deliver to Landlord or such Interested Party a statement certificate stating whether this Lease is in full force and effect, whether any amendments or modifications exist, what the current rental payments are and whether any rent has been prepaid (and if so, how much), whether there are any defaults, defenses, claims or offsets of the status of any matter pertaining to Tenant under 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 Leaseand such other information and agreements as may be reasonably requested. In addition, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord, including, but not limited to financial statements for the past three (3) years. Notwithstanding the foregoing, in the event that and for so long as Tenant is a publicly-traded entity, Tenant’s obligation to deliver financial statements shall be limited to such statements as are publicly available or required by law to be made public. Any such status statement (but no such or financial statement) statement delivered by Tenant pursuant to this Section 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 shall keep any non-public financial statements 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, and to the extent such financial statements are provided to Interested Parties, Landlord shall advise such Interested Parties of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant within ten (10) business days of Tenant’s request therefor, a customary estoppel certificate which may be relied upon by Tenant and third parties reasonably designated by Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL).

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on the request of Landlord made from time to time, will furnish to Landlord within ten fifteen (1015) business days of Tenant’s receipt of after such request furnish to Landlord’s request therefor, or any existing or potential holder of any mortgage encumbering the Premises, the Building, and/or the Site and/or the Complex or any potential purchaser of the Premises, the Building, the Site and/or the ComplexSite, (each an “"Interested Party”"), a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments (which may be limited to Tenant's actual knowledge), that (or the extent to which) each party is in compliance with its obligations under the terms of this Lease. Any such status statement delivered by Tenant pursuant to this Section 8.16 may be relied upon by any Interested Party. In addition, within fifteen (15) business days after Landlord's request, Tenant shall deliver to Landlord, Landlord or any Interested Party designated by Landlord (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s 's obligations under this Lease, as reasonably requested by Landlord, including, but not limited to annual audited financial statements for the past three prior fiscal year to the extent available and maintained by Tenant, except that so long as Tenant's stock is publicly traded on a national exchange (3or publicly listed in an equivalent manner, such as on NASDAQ) yearsthat requires its financial statements to be publicly disclosed, Tenant shall have no obligation to deliver any financial statements to Landlord. Any such status statement (but no such In the event that Tenant is not publicly traded or listed as aforesaid, any audited financial statement) statements delivered by Tenant pursuant to this Section 9.15 8.16 may be relied upon (to the extent commercially reasonable to do so) by any Interested Party. Landlord shall keep any non-public financial statements information provided by Tenant pursuant to this Section 9.15 8.16 confidential, and shall not disclose the same other than (i) to Landlord’s '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, and to the extent such financial statements are provided to Interested Parties. At Tenant's request, Landlord shall advise such Interested Parties of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant similarly within ten fifteen (1015) business days after Tenant's request, furnish te Tenant a commercially reasonable statement with similar types of Tenant’s request thereforinformation asset forth above, a customary estoppel certificate which statement may be relied upon by Tenant and third parties reasonably designated by any actual or prospective assignee, subtenant, lender or purchaser of Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL).

Status Reports and Financial Statements. Recognizing that Landlord 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, Tenant, on the request of Landlord made from time to time, will promptly furnish to Landlord within ten (10) business days of Tenant’s receipt of Landlord’s request therefor, or any existing or potential holder of any mortgage encumbering the Premises, the BuildingBuilding(s), the Site and/or the Complex Property or any potential purchaser of the Premises, the BuildingBuilding(s), 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 (not more than once per calendar year unless there has been an Event of Default hereunder)Landlord, annual financial statements of Tenant and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord, including, but not limited to financial statements for the past three (3) yearsyears (provided however, that for so long as Tenant is an entity whose stock is publicly traded on a nationally-recognized exchange. Tenant shall only be required to deliver such financial statements as are required by law or other applicable regulation to be made available to the general public). To the extent any financial information required to be provided by Tenant hereunder is readily available to the general public without unreasonable expense or effort via the Internet or other similar means. Tenant shall not be required to provide Landlord with the same. Any such status statement (but no such or financial statement) statement delivered by Tenant pursuant to this Section 9.15 8.16 may be relied upon by any Interested Party. Landlord shall keep Recognizing that Tenant may find it necessary to establish to third parties. such as accountants. banks. potential or existing lenders. potential purchasers of Tenant or the like, the then current status of performance hereunder, Landlord, on the request of Tenant made from time to time, will promptly furnish to Tenant, a statement of the status of any non-public financial statements provided by Tenant pursuant matter pertaining to this Section 9.15 confidentialLease, and shall not disclose the same other than (i) to Landlord’s officersincluding, employees and consultants without limitation, acknowledgments that (or to any of the Interested Parties) or (ii) to the extent required by applicable law or by any administrative, governmental or judicial proceeding, and to which) each party is in compliance with its obligations under the extent such financial statements are provided to Interested Parties, Landlord shall advise such Interested Parties terms of the obligation to keep the same confidential as provided in this Section 9.15. Landlord shall deliver to Tenant within ten (10) business days of Tenant’s request therefor, a customary estoppel certificate which may be relied upon by Tenant and third parties reasonably designated by Tenant. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL)Lease.