Common use of Year-End Statements Clause in Contracts

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 days after the end of each fiscal year of the Parent), the audited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial officer or chief accounting officer of the Parent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the report thereon of an Approved Accounting Firm, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 90 days after the end of each fiscal year of the ParentBorrower), the audited consolidated balance sheet of the Parent Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial officer or chief accounting officer of the ParentBorrower, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting FirmErnst &Young LLP or any other independent certified public accountants of recognized national standing, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however. Together with such financial statements, the Parent Borrower shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed report, certified by the Parent with the Securities chief financial officer or chief accounting officer of Borrower, in form and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available detail reasonably satisfactory to the Administrative Agent and Agent, setting forth the LendersNet Operating Income for each Property for such fiscal year.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 days after the end of each fiscal year of the Parent), the audited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief executive officer, chief financial officer or chief accounting officer of the Parent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respectsGAAP, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the report thereon of an Approved Accounting Firmindependent certified public accountants of recognized national standing acceptable to the Agent, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreementunqualified; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 90 days after the end of each fiscal year of the ParentBorrower), the audited consolidated balance sheet of the Parent Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be certified by (a) certified by the chief financial officer or chief accounting officer of the ParentBorrower, in his or her opinion, to present fairly, in accordance with GAAP and as then in all material respectseffect, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the report thereon independent certified public accountants of an Approved Accounting Firmrecognized national standing, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however. Together with such financial statements, the Parent Borrower shall not be required to deliver an item required under this Section if such item is contained a report, in a Form 10-K filed by the Parent with the Securities form and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available detail reasonably satisfactory to the Administrative Agent, setting forth the Hotel Net Cash Flow for each Hotel Pool and each Hotel that is not in a Hotel Pool for such fiscal year to the extent such information is obtained from Operators and such other information as the Administrative Agent and the Lendersmay reasonably request.

Year-End Statements. As soon as available and in any event within 5 five (5) days after the same is required to be filed filing of Xxxxxx REIT’s 10-K with the Securities and Exchange Commission (but in no event later than 120 ninety (90) days after the end of each fiscal year of the ParentXxxxxx REIT), the audited consolidated balance sheet financial statements of the Parent Xxxxxx REIT and its Subsidiaries (including a consolidated balance sheet, income statement, statement of cash flows and statement of stockholder equity) as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial executive officer or chief accounting financial officer of the ParentXxxxxx REIT, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower Xxxxxx REIT and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting FirmErnst & Young LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate report shall be unqualified as to substance and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof report to the Administrative Agent and the Lenders pursuant to this Agreement; provided. Subject to Section 9.5, howeverif the applicable financial statements of Xxxxxx REIT are timely and publicly available electronically on the website of Xxxxxx REIT or the SEC, then the Parent Borrower shall not be required deemed to deliver an item required under have met the delivery requirements of this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders9.2.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 90 days after the end of each fiscal year of the Parent), the audited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of incomeoperations, shareholdersstockholders’ equity equity, income and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by either (i) any two of the following officers of the Parent (x) the chief executive officer, (y) the chief financial officer or (z) the chief accounting officer officer, or (ii) the treasurer of the ParentParent and any one of the following officers of the Parent (x) the chief executive officer, (y) the chief financial officer or (z) the chief accounting officer, in his or her their opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower Parent and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting FirmKPMG LLP or any other independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent Requisite Lenders and who shall have authorized the Borrower Parent to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 90 days after the end of each fiscal year of the ParentBorrower), the audited consolidated balance sheet of the Parent Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial officer or chief accounting officer of the ParentBorrower, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting FirmErnst & Young LLP or any other independent certified public accountants of recognized national standing, whose certificate report shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof report thereon to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however. Together with such financial statements, the Parent Borrower shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed report, certified by the Parent with the Securities chief financial officer or chief accounting officer of Borrower, in form and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available detail reasonably satisfactory to the Administrative Agent and Agent, setting forth the LendersNet Operating Income for each Property for such fiscal year.

Year-End Statements. As soon as available and in any event within 5 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 100 days after the end of each fiscal year of the ParentTrust), the audited consolidated balance sheet of the Parent Trust and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Parent Trust and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) in form and substance reasonably satisfactory to the Agent, (b) certified by the chief financial officer or chief accounting officer of the ParentTrust, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower Trust and its other Subsidiaries as at the date thereof and the results of operations for such period and (bc) accompanied by the report thereon of an Approved Accounting Firmindependent certified public accountants of recognized national standing, whose certificate shall be unqualified and in without a "going concern" or like qualification or exception, or a qualification arising out of the scope and substance reasonably satisfactory to of the Administrative Agent audit, and who shall have authorized the Borrower Trust to deliver such financial statements and certification thereof report to the Administrative Agent and the Lenders pursuant to this AgreementLenders; provided, however, the Parent Borrowers shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent Trust with the Securities and Exchange Commission (or any Governmental Authority substituted thereforetherefor) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 10 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 100 days after the end of each fiscal year of the ParentTrust), the audited consolidated balance sheet of the Parent Trust and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, changes in shareholders’ ' equity and cash flows of the Parent Trust and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) in form and substance reasonably satisfactory to the Agent, (b) certified by the chief financial officer or chief accounting officer of the ParentTrust, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower Trust and its other Subsidiaries as at the date thereof and the results of operations for such period and (bc) accompanied by the report thereon of an Approved Accounting Firmindependent certified public accountants of recognized national standing, whose certificate shall be unqualified and in without a “going concern” or like qualification or exception, or a qualification arising out of the scope and substance reasonably satisfactory to of the Administrative Agent audit, and who shall have authorized the Borrower Trust to deliver such financial statements and certification thereof report to the Administrative Agent and the Lenders pursuant to this AgreementLenders; provided, however, the Parent Borrowers shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent Trust with the Securities and Exchange Commission (or any Governmental Authority substituted thereforetherefor) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 five (5) days after the same is required to be filed filing of Xxxxxx REIT’s 10-K with the Securities and Exchange Commission (but in no event later than 120 ninety (90) days after the end of each fiscal year of the ParentXxxxxx REIT), the audited consolidated balance sheet financial statements of the Parent Xxxxxx REIT and its Subsidiaries (including a consolidated balance sheet, income statement, statement of cash flows and statement of stockholder equity) as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial executive officer or chief accounting financial officer of the ParentXxxxxx REIT, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower Xxxxxx REIT and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting FirmErnst & Young LLP or any other independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate report shall be unqualified as to substance and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof report to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 90 days after the end of each fiscal year of the Parent), the audited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of incomeoperations, shareholders’ equity stockholders' equity, income and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by either (i) any two of the following officers of the Parent (x) the chief executive officer, (y) the chief financial officer or (z) the chief accounting officer officer, or (ii) the treasurer of the ParentParent and any one of the following officers of the Parent (x) the chief executive officer, (y) the chief financial officer or (z) the chief accounting officer, in his or her their opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower Parent and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting FirmKPMG LLP or any other independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent Requisite Lenders and who shall have authorized the Borrower Parent to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission SEC (but in no event later than 120 90 days after the end of each fiscal year of the ParentBorrower), the audited consolidated balance sheet of the Parent Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, comprehensive income (loss), shareholders’ equity and cash flows of the Parent Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial officer or chief accounting officer of the ParentBorrower, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting FirmErnst &Young LLP or any other independent certified public accountants of recognized national standing, whose certificate opinion shall be unqualified unqualified. Together with such financial statements, the Borrower shall deliver a report, certified by the chief financial officer or chief accounting officer of Borrower, in form and in scope and substance detail reasonably satisfactory to the Administrative Agent and who shall have authorized Agent, setting forth the Borrower to deliver Net Operating Income for each Property for such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lendersfiscal year.

Year-End Statements. As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 days after the end of each fiscal year of the Parent), the audited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief executive officer, chief financial officer or chief accounting officer of the Parent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower and its other Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the report thereon of an Approved Accounting Firm, whose certificate shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.

Year-End Statements. As soon as available and in any event within 5 five (5) days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 120 ninety (90) days after the end of each fiscal year of the Parent), the audited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of incomeoperations, shareholdersstockholders’ equity and cash flows of the Parent and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be (a) certified by the chief financial executive officer or chief accounting financial officer of the Parent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Parent, the Borrower Parent and its other Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of an Approved Accounting Firmindependent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent, whose certificate report shall be unqualified and in scope and substance reasonably satisfactory to the Administrative Agent Requisite Lenders and who shall have authorized the Borrower Parent to deliver such financial statements and certification thereof report thereon to the Administrative Agent and the Lenders pursuant to this Agreement; provided, however, the Parent shall not be required to deliver an item required under this Section if such item is contained in a Form 10-K filed by the Parent with the Securities and Exchange Commission (or any Governmental Authority substituted therefore) and is publicly available to the Administrative Agent and the Lenders.