TENANT'S FINANCIAL INFORMATION. Tenant shall, within ten (10) days after Landlord’s request therefor, deliver to Landlord a copy of Tenant’s (and any guarantor’s) current audited financial statements (or, if current audited financial statements are not then readily available, current unaudited financial statements certified by the chief financial officer of Tenant as being true, correct and complete in all material respects) (including a balance sheet, income statement and statement of cash flow), a list of all of Tenant’s creditors with current contact information, and any such other information reasonably requested by Landlord regarding Tenant’s financial condition. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender or purchaser of the Building, the Property, or any portion thereof or interest therein. Any such financial statement or other information which is marked “confidential” or “company secrets” (or is otherwise similarly marked by Tenant) shall be confidential and shall not be disclosed by Landlord to any third party except as specifically provided in this paragraph, unless the same becomes a part of the public domain without the fault of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Biolase, Inc)
TENANT'S FINANCIAL INFORMATION. Tenant shall, within ten fifteen (1015) days after Landlord’s request therefortherefore, which request shall not be made more than twice per calendar year, deliver to Landlord a copy of Tenant’s (and any guarantor’s) current audited financial statements (or, if current audited financial statements are not then readily available, current unaudited financial statements certified by the chief financial officer of Tenant as being true, correct and complete in all material respects) (including a balance sheet, income statement and statement of cash flow), a list of all of Tenant’s creditors prepared in accordance with current contact information, generally accepted accounting principles and audited by an accountant reasonably acceptable to Landlord) and any such other information reasonably requested by Landlord regarding Tenant’s financial condition. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender or purchaser of the Building, the Property, or any portion thereof or interest therein; provided that during any period when the stock in Tenant is not publically traded, any such recipient first executes a commercially reasonable confidentiality agreement. Any such financial statement or other information which is marked “confidential” or “company secrets” (or is otherwise similarly marked by Tenant) shall be confidential and shall not be disclosed by Landlord to any third party except as specifically provided in this paragraph, unless the same becomes a part of the public domain without the fault of Landlord.
Appears in 1 contract
Samples: Office Lease (Cortina Systems Inc)
TENANT'S FINANCIAL INFORMATION. Tenant shall, within ten (10) business days after Landlord’s 's or Landlord's Lenders request therefor, deliver to Landlord or its Lender a copy of Tenant’s (and any guarantor’s) 's current audited financial statements (or, if current audited financial statements are not then readily available, current unaudited financial statements certified by the chief financial officer of Tenant as being true, correct and complete in all material respects) (including a balance sheet, income statement and statement of cash flow), a list of all of prepared in accordance with generally accepted accounting principles or such other accounting methodology recommended by Tenant’s creditors with current contact information, 's accounting firm and generally accepted) and any such other information reasonably requested by Landlord or its Lender regarding Tenant’s 's financial condition. If Tenant is a public corporation, however Landlord and its Lender shall not disclose any non-public financial information. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender or purchaser of the Building, the Property, or any portion thereof or interest therein. Any such financial statement or other information which is marked “"confidential” " or “"company secrets” " (or is otherwise similarly marked by Tenant) shall be confidential and shall not be disclosed by Landlord to any third party except as specifically provided in this paragraph, unless the same becomes a part of the public domain without the fault of Landlord.
Appears in 1 contract
Samples: Sublease (Xpeed Networks Inc)
TENANT'S FINANCIAL INFORMATION. Tenant shall, within ten fifteen (1015) days after Landlord’s request therefor, which request shall not be made more than twice per calendar year, deliver to Landlord a copy of Tenant’s (and any guarantor’s) current audited financial statements (or, if current audited financial statements are not then readily available, current unaudited financial statements certified by the chief financial officer of Tenant as being true, correct and complete in all material respects) (including a balance sheet, income statement and statement of cash flow), a list of all of Tenant’s creditors prepared in accordance with current contact information, generally accepted accounting principles and audited by an accountant reasonably acceptable to Landlord) and any such other information reasonably requested by Landlord regarding Tenant’s financial condition. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender or purchaser of the Building, the Property, or any portion thereof or interest therein; provided that during any period when the stock in Tenant is not publically traded, any such recipient first executes a commercially reasonable confidentiality agreement. Any such financial statement or other information which is marked “confidential” or “company secrets” (or is otherwise similarly marked by Tenant) shall be confidential and shall not be disclosed by Landlord to any third party except as specifically provided in this paragraph, unless the same becomes a part of the public domain without the fault of Landlord.
Appears in 1 contract
Samples: Office Lease (PMC Sierra Inc)