Common use of Operating Statement Clause in Contracts

Operating Statement. Tenant shall (a) furnish to Landlord, within forty-five (45) days after the end of each fiscal quarter, the following unaudited information: aggregate EBITDA and the corresponding rent, in each case on a combined basis for all Properties and all “Properties” leased pursuant to the Other Leases (as defined therein). In addition: (b) if required of Landlord by an unaffiliated mortgage lender for purposes of underwriting a financing to be secured by the Leased Property (i.e., not on a continuing basis), Tenant will provide unaudited site-level statements that show total gross profit, total site-level operating expenses and 4-wall EBITDAR for the then-current year and each of the two years prior thereto (and Landlord hereby agrees to (and to require its lender to agree, for Tenant’s benefit, to) use any such information solely as reasonably required in connection with the underwriting of one or more loans secured in whole or in part by the Leased Properties); and (c) if required by an unaffiliated mortgage lender pursuant to the documents governing the loan, Tenant also will provide, on a quarterly basis, aggregate unaudited EBITDA of the Properties. Together with the furnishing of any such financial data to Landlord under this Article 17, Tenant shall deliver to Landlord a Financial Officer’s Certificate.