Common use of Tenant’s Financial Condition Clause in Contracts

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen (15) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month period, Tenant shall deliver to Landlord financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") as are reasonably required by Landlord to verify the net worth of Tenant, or any assignee, subtenant or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange Commission. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereof. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth herein. Each such financial statement shall be executed by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statements.

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Tenant’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Tenant’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement shall be executed As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correctthe use of generally accepted accounting principles. Notwithstanding any language to the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. In addition to the requirements set forth above in lieu this Section 11.03, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statementsSpringing Security Deposit (if not already delivered to Landlord). Tenant shall deliver to Landlord on or before the Effective Date a Tenant’s Financial Certificate. If Tenant fails to so deliver Tenant’s Financial Certificate, this First Amendment shall be null and void and without further force or effect.

Tenant’s Financial Condition. Prior to the Effective DateTenant, and within fifteen ten (1510) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and Landlord, which request shall not be made more than one (1) time during any calendar year unless an additional request is made in connection with a sale or financing of the Building or in the event Tenant defaults under any of the provisions of this Lease in which case Landlord may make request more than once per twelve month periodyear, Tenant shall deliver to Landlord Tenant’s (a) annual financial statements prepared in accordance with generally accepted accounting principles consistently applied for the two ("GAAP"2) as are reasonably required by Landlord to verify the net worth of Tenant, or any assignee, subtenant or guarantor most recently completed fiscal years of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange Commission. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any for which financial statements are available and (b) quarterly financial statements for the most recently completed fiscal quarter of Tenant for which financial statements are available, which financial statements shall be audited or, if Tenant has not prepared audited financial statements, certified to be true and correct in accordance with GAAP required all material respects by any lender Tenant’s chief financial officer or purchaser other person duly appointed to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofcertify such statements. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth herein. Each such financial statement shall be executed by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correctaccurate as of its date. Except for publicly available information, Landlord agrees to keep all such financial statements confidential and not to release them without the prior consent of Tenant, other than to current and prospective lenders, investors and purchasers of the Building and other relevant persons on a need-to-know basis, provided that all such lenders, purchasers and other persons agree to maintain the confidentiality of such statements. Notwithstanding the foregoing, if (i) Tenant is shall not be required to deliver such financial statements during the 30-day period prior to filing a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings registration statement with the U.S. Securities and Exchange Commission in lieu connection with an initial public offering of the above referenced company’s shares or if such delivery is otherwise prohibited by applicable Legal Requirements and (ii) Tenant shall have no obligation to deliver to Landlord any financial statementsstatements if the same are filed with the U.S. Securities and Exchange Commission.

Tenant’s Financial Condition. Prior to Within the Effective Date, and within fifteen ten (1510) business days after written request from Landlord (so long as Landlord landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodjust cause, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") as are reasonably required by Landlord to verify the net worth of Tenant, or any assignee, subtenant subtenant, or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange CommissionTenant. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any such lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofProperty. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth herein. Each such financial statement ARTICLE FOURTEEN: AGENT'S COMMISSION 14.01 Amount and Manner of Payment of Commissions. Commissions due to the Principal AGENT and to the Cooperating AGENT, if any, shall be executed by Tenant calculated and shallpaid in accordance with Exhibit B, if requested by LandlordArticle 1B of that certain Management Agreement, be certified by Tenant to be true dated as of August 15, 1992, between Landlord and correct. Notwithstanding the foregoingCB Commercial Real Estate Group, if Tenant is a publicly traded companyInc. 14.02 Broker's or Agent's Commission. Tenant may provide represents and warrants that Tenant has made no agreements for brokerage commissions, compensation to any broker, or finder's fees, except as listed below, and that there are no claims for brokerage commissions, compensation, or finder's fees in connection with this Lease, except as listed below, arising out of or related to any acts of Tenant. Tenant agrees to indemnify and hold Landlord with copies harmless from and against all liabilities, claims, damages, losses, costs, and expenses, including, without limitation, attorneys' fees, arising out of or related to any breach of Tenant's latest 10-Q representation and 10-K filings with the Securities Exchange Commission warrants in lieu this Section 14.02. Name and Address of the above referenced financial statements.Broker(s): CB Xxxxxxx Xxxxx, Inc. 0000 XXX Xxxxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Xxxxxxxxxx

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Xxxxxx’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Xxxxxx’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by the use of generally accepted accounting principles. Tenant shall be executed by Tenant and shall, if requested by deliver to Landlord, be certified concurrently with Xxxxxx’s execution and delivery of this Lease, a Xxxxxx’s Financial Certificate. If Tenant fails to so deliver Xxxxxx’s Financial Certificate, Landlord may, at its option, terminate this Lease by providing Tenant to be true and correctwith written notice of such termination. Notwithstanding any language to the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. In addition to the requirements set forth above in lieu this Section 11.03, Xxxxxx also agrees to provide Landlord, as and when required by Xxxxxx’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Xxxxxx’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statementsSpringing Security Deposit (if not already delivered to Landlord).

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant, Tenant or any assignee, subtenant subtenant, or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange CommissionTenant, but excluding Tenant’s Customers. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any such lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofProperty. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such Notwithstanding any language to the contrary in this Section 11.03, unless the original Tenant has committed a monetary breach of this Lease, Landlord’s requests for the original Tenant’s financial statement statements shall be executed by Tenant and shall, if only as requested by Landlord’s lender or prospective lender. In addition to the requirement to provide financial statements to Landlord, be certified as provided above, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant agrees to immediately increase the amount of the Security Deposit required under the terms of this Lease to an amount equal to six (6) months Base Rent then payable by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statementsLandlord.

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen (15a) business Within sixty (60) days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodthe end of each fiscal year, Tenant shall deliver to Landlord a copy of Tenant’s audited financial statements for Tenant’s most recently completed fiscal year, prepared by independent certified public accountants in accordance with generally accepted accounting principles consistently applied ("GAAP") as are reasonably principles. The foregoing financial statements may also be required by Landlord to verify the net worth from any proposed assignee of Tenant, or from any assignee, proposed subtenant or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange Commission. In addition, Tenant shall deliver to any lender or proposed purchaser which will occupy more than 25,000 square feet of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereof. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement in all material respects as of the date of such statement; statement and (b) at all times after the date of any such statement during same shall be similarly certified by the Lease Term proposed assignee or any extension thereof, Tenant's net worthsubtenant, as stated therein, shall not be reducedapplicable. All financial statements shall be confidential and shall be used only for the purposes set forth herein. Each Tenant or a proposed assignee of Tenant, or subtenant which will occupy more than 25,000 square feet of the Premises shall not have any obligation to furnish the financial statements set forth above in the event that the applicable party that would otherwise be required to furnish such financial statement shall be executed by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant statements is a publicly traded companycompany on a stock exchange which is subject to regulation by the Securities and Exchange Commission and is current in all required filings. Tenant If the financial statements to be provided herein are from a subsidiary, having a parent as a publicly traded entity, then the financial statements that are delivered hereunder may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings be prepared on a consolidated basis with the Securities Exchange Commission parent entity, so long as financial statements from the subsidiary are not otherwise available and are prepared on a consolidating basis. (b) If at any time during the Term Tenant does not have a long-term credit rating of both (i) Baa3 or higher by Xxxxx’x Investors Service (“Moody’s”) (or its equivalent, if Moody’s revises its credit ratings), and (ii) BBB- or higher by Standard & Poor’s Rating Group (“Standard & Poor’s”) (or its equivalent, if Standard & Poor’s revises its credit ratings), then Tenant shall deliver, or cause to be delivered to Landlord, a security deposit in lieu the amount of four (4) months of Base Rent at the monthly Base Rent payable for the first year of the above referenced financial statementsTerm. The security deposit shall, at Tenant’s sole option, either be (i) a cash deposit to be held in escrow by a third party escrow agent pursuant to an escrow agreement reasonably acceptable to the parties, or (ii) in the form of a Letter of Credit, which Letter of Credit shall be in a form reasonably acceptable to Landlord.

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Tenant’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Tenant’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by the use of generally accepted accounting principles. Tenant shall be executed by Tenant and shall, if requested by deliver to Landlord, be certified concurrently with Tenant’s execution and delivery of this Lease, a Tenant’s Financial Certificate. If Tenant fails to so deliver Tenant’s Financial Certificate, Landlord may, at its option, terminate this Lease by providing Tenant to be true and correctwith written notice of such termination. Notwithstanding any language to the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. In addition to the requirements set forth above in lieu this Section 11.03, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statementsSpringing Security Deposit (if not already delivered to Landlord).

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord to verify requires, verifying the net worth of Tenant, Tenant or any assignee, subtenant subtenant, or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange CommissionTenant. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any such lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofProperty. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such Notwithstanding any language to the contrary in this Section 11.03, unless the original Tenant has committed a monetary breach of this Lease, Landlord’s requests for the original Tenant’s financial statement statements shall be executed by Tenant and shall, if only as requested by Landlord’s lender or prospective lender. In addition to the requirement to provide financial statements to Landlord, be certified as provided above, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant agrees to immediately increase the amount of the Security Deposit required under the terms of this Lease to an amount equal to six (6) months Base Rent then payable by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statementsLandlord.

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of TenantTenant Industrial Lease—Las Vegas, Nevada 0000 X. Xxxxxxx Xxxx. Xxx Xxxxx, Xxxxxx Switch Communications Group, L.L.C. Table of Contents or any assignee, subtenant subtenant, or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange CommissionTenant, but excluding Tenant’s Customers. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any such lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofProperty. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such Notwithstanding any language to the contrary in this Section 11.03, unless the original Tenant has committed a monetary breach of this Lease, Landlord’s requests for the original Tenant’s financial statement statements shall be executed by Tenant and shall, if only as requested by Landlord’s lender or prospective lender. In addition to the requirement to provide financial statements to Landlord, be certified as provided above, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant agrees to immediately increase the amount of the Security Deposit required under the terms of this Lease to an amount equal to six (6) months Base Rent then payable by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statementsLandlord.

Tenant’s Financial Condition. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Tenant’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Tenant’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement shall be executed As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correctthe use of generally accepted accounting principles. Notwithstanding any language to the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. In addition to the requirements set forth above in lieu this Section 11.03, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statements.Springing Security Deposit (if not already delivered to Landlord). Tenant shall deliver to Landlord on or before the Effective Date a Tenant’s Financial Certificate. If Tenant fails to so deliver Tenant’s Financial Certificate, this Fifth Amendment shall be null and void and without further force or effect. Table of Contents