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 90 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earnings, stockholders’ equity and cash flows of the 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) the chief executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results of operations for such period and (b) independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders 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.

Year-End Statements. As soon as available and Unless such financial statement is publicly available, free of charge from the SEC on the internet at xxxx://xxx.xxx.xxx, not later than five (5) days following the filing of the Borrower’s Form 10-K with the SEC for each fiscal year of the Borrower, but in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission one hundred twenty (but in no event later than 90 120) days after the end of each such fiscal year of the Borrower)year, the Borrower shall provide annual audited consolidated financial statements (including a consolidated balance sheet sheet, income statement, statement of cash flows and statement of stockholders equity) of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earningsoperations, comprehensive income, and stockholders’ equity and cash flows of the 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 financial statements shall be certified by (a) the chief executive officer or the chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP in all material respectsGAAP, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results result of operations for such period period, and (b) Ernst & Young 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 satisfactory to the Requisite Lenders and who shall have be the Person who authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

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 90 days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earningsincome, stockholdersshareholders’ equity and cash flows of the Borrower 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 certified by (a) certified by the chief executive officer financial officer, treasurer, or chief financial accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results of operations for such period and (b) accompanied by the audit report thereon of independent certified public accountants of recognized national standing acceptable to the Administrative Agentstanding, whose certificate report shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower Parent to deliver such financial statements and certification thereof report to the Administrative Agent and the Lenders pursuant to this AgreementLenders.

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 90 120 days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earningsincome, stockholdersshareholders’ equity and cash flows of the Borrower 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 certified by (a) certified by the chief executive officer, chief financial officer or chief financial accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP 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 independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate shall be unqualified unqualified; 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 in scope Exchange Commission (or any Governmental Authority substituted therefore) and substance satisfactory is publicly available to the Requisite Lenders 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 AgreementLenders.

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 90 one hundred twenty (120) days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earningsoperations, stockholders’ equity and cash flows of the Borrower 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 certified by (a) certified by the chief executive officer or chief financial officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent, whose certificate report shall be unqualified and in scope and substance satisfactory to the 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.

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 90 days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earningsoperations, stockholdersincome, shareholders’ equity and cash flows of the Borrower 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 certified by (a) certified by the chief executive financial officer, chief accounting officer or chief financial officer treasurer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP in all material respectsGAAP, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results of operations for such period and (b) independent certified public accountants accompanied by the report thereon of recognized national standing acceptable to the Administrative AgentAccountants, whose certificate certification thereof shall be unqualified and in scope and substance satisfactory to the Requisite Lenders Agent and who shall have authorized the Borrower Agent to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

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 90 ninety (90) days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earningsoperations, stockholders’ equity and cash flows of the Borrower 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 certified by (a) certified by the chief executive officer or chief financial officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent, whose certificate report shall be unqualified and in scope and substance satisfactory to the 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.

Year-End Statements. As soon as available and in any event within 5 days five (5) Business Days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 90 ninety (90) days after the end of each fiscal year of the BorrowerParent), the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements income statement and statement of earnings, cash flows and statement of stockholders’ equity and cash flows of the Borrower 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 certified by (a) certified by the chief executive officer or chief financial officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results result of operations for such period and (b) accompanied by the report thereon of independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent, whose certificate report shall be unqualified and in scope and substance satisfactory to the 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.

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 90 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earnings, stockholders’ equity and cash flows of the 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) the chief executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results of operations for such period and (b) independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders 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.

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 90 days after the end of each fiscal year of Parent), commencing with the Borrower)fiscal year ending December 31, 2023, the audited consolidated balance sheet of the Borrower Parent and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earningsincome, stockholdersshareholders’ equity and cash flows of the Borrower 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 certified by (a) certified by the chief executive financial officer or chief financial accounting officer of the BorrowerParent, in his or her opinion, to present fairly, in accordance with GAAP as then in effect in all material respects, the consolidated financial position of the Borrower Parent and its Subsidiaries as at the date thereof and the results of operations for such period and (b) audited by independent certified public accountants of recognized national standing reasonably acceptable to the Administrative Agent (it being acknowledged that any of Deloitte, Ernst & Young, PricewaterhouseCoopers and KPMG shall be acceptable to the Administrative Agent). Together with such financial statements, whose certificate Parent shall be unqualified deliver a report, certified by the chief financial officer or chief accounting officer of Parent, in form and in scope and substance detail reasonably satisfactory to the Requisite Lenders Administrative Agent, setting forth the In-Place Collateral Property NOI and who shall have authorized the Borrower to deliver a listing of capital expenditures made, in each case, for each Collateral Property for such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreementfiscal year.