Additional Reports and Information. Borrowers shall deliver to Administrative Agent the following additional reports and information: (i) from time to time, if any Lender determines that obtaining appraisals is necessary in order for such Lender to comply with applicable Requirements of Law (including any appraisals required to comply with FIRREA), Borrowers shall furnish to Administrative Agent appraisal reports in form and substance and from appraisers reasonably satisfactory to Administrative Agent stating the then current fair market value of the Projects; provided, however, that such report shall not be required more frequently than once during the term of the Loan unless (A) a Potential Default or Event of Default exists or (B) any Lender is required to obtain such report under applicable Requirements of Law more frequently than once during the term of the Loan or (C) a current appraisal is needed to confirm entitlement to a disbursement of the TI/LC Amount; and provided, further, that unless an Event of Default has occurred and is continuing or such appraisal is needed in connection with a disbursement of the TI/LC Amount, Administrative Agent or the Lenders shall be responsible for all costs and expenses incurred in connection with any such appraisals; (ii) within thirty (30) days following the request of Administrative Agent, a description of the type and amount of all capital expenditures at the Projects during the prior calendar year; (iii) within thirty (30) days following the request of Administrative Agent, evidence satisfactory to Administrative Agent that all federal and state taxes, including without limitation, payroll taxes, that are due have been paid in full by Borrowers and each other Borrower Party, to be delivered to Administrative Agent (A) with respect to federal and state taxes (other than payroll taxes), within ten (10) days after the required filing date of the applicable tax return and (B) with respect to payroll taxes, within thirty (30) days following the end of each calendar quarter; (iv) upon the request of Administrative Agent, a copy of Borrowers’ or Guarantor’s income tax filings, if any, for the prior calendar year within thirty (30) days after the filing thereof; Inland Portfolio 105968199.6 (v) within thirty (30) days after Administrative Agent’s request therefor, (A) cash flow statements for Borrowers or Operators (which may be prepared on a consolidated basis) and (B) an accounts receivable and accounts payable aging report for the Projects; and (vi) promptly following any request therefor, information and documentation regarding the Borrower Parties reasonably requested by Administrative Agent or any Lender for purposes of compliance with applicable "know your customer" requirements under the Patriot Act or other applicable anti-money laundering laws.
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Sources: Loan Agreement (IPC Alternative Real Estate Income Trust, Inc.)
Additional Reports and Information. Borrowers shall deliver to Administrative Agent the following additional reports and information:
(i) from time to time, if any Lender determines that obtaining appraisals is necessary in order for such Lender to comply with applicable Requirements of Law (including any appraisals required to comply with FIRREA), Borrowers shall furnish to Administrative Agent appraisal reports in form and substance and from appraisers reasonably satisfactory to Administrative Agent stating the then current fair market value of the Projects; provided, however, that such report shall not be required more frequently than once during the term of the Loan unless (A) a Potential Default or an Event of Default exists or (B) any Lender is required to obtain such report under applicable Requirements of Law more frequently than once during the term of the Loan or (C) a current appraisal is needed to confirm entitlement to a disbursement of the TI/LC AmountLoan; and providedCONA – Healthcare Trust, further, that unless an Event of Default has occurred and is continuing or such appraisal is needed in connection with a disbursement of the TI/LC Amount, Administrative Agent or the Lenders shall be responsible for all costs and expenses incurred in connection with any such appraisals;Inc. 92119388.8
(ii) within thirty (30) days following the request of Administrative Agent, a description of the type and amount of all capital expenditures at the Projects during the prior calendar year;
(iii) within thirty (30) days following the request of Administrative Agent, evidence satisfactory to Administrative Agent that all federal and state taxes, including without limitation, payroll taxes, that are due have been paid in full by Borrowers and each other Borrower Party, to be delivered to Administrative Agent (A) with respect to federal and state taxes (other than payroll taxes), within ten (10) days after the required filing date of the applicable tax return return, and (B) with respect to payroll taxes, within thirty (30) days following the end of each calendar quarter;
(iv) upon the request of Administrative Agent, a copy of Borrowers’ or Guarantor’s income tax filings, if any, for the prior calendar year within thirty (30) days after the filing thereof; Inland Portfolio 105968199.6
(v) within thirty (30) days after Administrative Agent’s request therefor, (A) cash flow statements a general ledger for Borrowers or Operators (which may be prepared on a consolidated basis) and (B) an accounts receivable and accounts payable aging report for the Projects;
(v) to the extent requested by Administrative Agent, copies of the regular monthly bank statements of Borrowers; and
(vi) promptly following any request therefor, information and documentation regarding the Borrower Parties reasonably requested by Administrative Agent or any Lender for purposes of compliance with applicable "“know your customer" ” requirements under the Patriot Act or other applicable anti-money laundering laws.
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Additional Reports and Information. Borrowers shall deliver to Administrative Agent If the following additional reports and information:
(i) from time to time, if any Lender determines that obtaining appraisals is necessary in order for such Lender to comply with applicable Requirements Property consists of Law (including any appraisals required to comply with FIRREA), Borrowers shall furnish to Administrative Agent appraisal reports in form and substance and from appraisers reasonably satisfactory to Administrative Agent stating the then current fair market value of the Projects; provided, however, that such report shall not be required more frequently than once during the term of the Loan unless (A) a Potential Default or Event of Default exists or (B) any Lender is required to obtain such report under applicable Requirements of Law more frequently than once during the term of the Loan or (C) a current appraisal is needed to confirm entitlement to a disbursement of the TI/LC Amount; and provided, further, that unless an Event of Default has occurred and is continuing or such appraisal is needed in connection with a disbursement of the TI/LC Amount, Administrative Agent or the Lenders shall be responsible for all costs and expenses incurred in connection with any such appraisals;
(ii) within thirty (30) days following the request of Administrative Agent, a description of the type and amount of all capital expenditures at the Projects during the prior calendar year;
(iii) within thirty (30) days following the request of Administrative Agent, evidence satisfactory to Administrative Agent that all federal and state taxes, including without limitation, payroll taxes, that are due have been paid in full by Borrowers and each other Borrower Party, to be delivered to Administrative Agent (A) with respect to federal and state taxes (other than payroll taxes)Commercial Project, within ten (10) business days after Beneficiary's request from time to time, Trustor shall deliver to Beneficiary such additional information available to Trustor and reports as Beneficiary may request concerning the Property and the business and affairs of Trustor or any Guarantor, General Partner, Manager, Tenant, or Affiliate that Beneficiary may request, including (i) a balance sheet and profit and loss statement for the most recent fiscal year and for the most recent fiscal year-to-date quarterly period or periods of Trustor or any Guarantor, General Partner, Manager, Tenant, or Affiliate, each of which shall be certified and otherwise prepared in accordance with the requirements of Section 2.24(a) above; (ii) monthly operating statements from Trustor for the Property for each calendar month containing the same detailed information required filing to be included in the operating statements described in Section 2.24(b) above; (iii) monthly Rent Statements from Trustor for the Property for each calendar month containing the same detailed information required to be included in the Rent Statements described in Section 2.24(c) above; (iv) copies of all financial statements and reports that Trustor sends to its partners or shareholders, if any; (v) copies of all reports which are available for public inspection or which Trustor is required to file with any Governmental Authorities; (vi) a certificate executed by Trustor, dated within ten (10) business days of the date of delivery of such certificate to Beneficiary, stating that Trustor knows of no Event of Default under the applicable tax return Loan Documents or, if an Event of Default exists, stating the nature of the default and (B) what action Trustor has taken or proposes to take with respect to payroll taxes, within thirty such Event of Default; (30vii) days following complete and accurate as-built plans for all Buildings located on the end Land; (viii) complete and accurate copies of each calendar quarter;
all Leases and any currently effective letters of intent or proposals to lease all or part of the Property received or made by or behalf of Trustor; and (ivix) upon the request of Administrative Agent, a copy of Borrowers’ or Guarantor’s most recent years' federal income tax filings, if any, returns for the prior calendar year within thirty (30) days after the filing thereof; Inland Portfolio 105968199.6
(v) within thirty (30) days after Administrative Agent’s request therefor, (A) cash flow statements for Borrowers or Operators (which may be prepared on a consolidated basis) and (B) an accounts receivable and accounts payable aging report for the Projects; and
(vi) promptly following any request therefor, information and documentation regarding the Borrower Parties reasonably requested by Administrative Agent Trustor or any Lender for purposes Guarantor, General Partner, Manager, or Affiliate. All financial statements that are required to be provided to Beneficiary under this Section 2.24 shall be on Beneficiary's standard form of compliance with applicable "know your customer" requirements financial statement, unless Beneficiary specifically requires or approves an alternate form, in which case such financial statements shall be provided on such alternate form. Beneficiary may exercise its rights to require additional reports and information under this Section at any time and from time to time on such periodic basis as Beneficiary shall determine to be necessary or appropriate, including annual requests on the Patriot Act or other applicable anti-money laundering lawsanniversary of the date of recordation of this Deed of Trust.
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Additional Reports and Information. Borrowers shall deliver to Administrative Agent the following additional reports and information:
Within ten (i10) business days after Beneficiary's request from time to time, if Grantor shall deliver to Beneficiary such additional information available to Grantor and reports as Beneficiary may reasonably request concerning the Property and the business and affairs of Grantor or any Lender determines Guarantor or Affiliate, that obtaining appraisals is necessary Beneficiary may reasonably request, including (i) a balance sheet and profit and loss statement for the most recent fiscal year and for the most recent fiscal year-to-date quarterly period or periods of Grantor or any Guarantor and Manager, each of which shall be certified and otherwise prepared in order accordance with the requirements of Section 2.25(a) above; (ii) monthly operating statements from Grantor for such Lender to comply with applicable Requirements of Law (including any appraisals the Property for each calendar month containing the same detailed information required to comply be included in the operating statements described in Section 2.25(b) above; (iii) monthly Rent Statements from Grantor for the Property for each calendar month containing the same detailed information required to be included in the Rent Statements described in Section 2.25(c) above; (iv) copies of all financial statements and reports that Grantor sends to its partners or shareholders, if any; (v) copies of all reports which are available for public inspection or which Grantor is required to file with FIRREA)any Governmental Authorities; (vi) a certificate executed by Grantor, Borrowers shall furnish to Administrative Agent appraisal reports in form and substance and from appraisers reasonably satisfactory to Administrative Agent stating the then current fair market value dated within ten (10) business days of the Projects; provideddate of delivery of such certificate to Beneficiary, however, stating that such report shall not be required more frequently than once during the term Grantor knows of the Loan unless (A) a Potential Default or no Event of Default exists or (B) any Lender is required to obtain such report under applicable Requirements of Law more frequently than once during the term of the Loan or (C) a current appraisal is needed to confirm entitlement to a disbursement of the TI/LC Amount; and providedDocuments or, further, that unless if an Event of Default has occurred and is continuing or such appraisal is needed in connection with a disbursement exists, stating the nature of the TI/LC Amount, Administrative Agent default and what action Grantor has taken or the Lenders shall be responsible for all costs and expenses incurred in connection with any such appraisals;
(ii) within thirty (30) days following the request of Administrative Agent, a description of the type and amount of all capital expenditures at the Projects during the prior calendar year;
(iii) within thirty (30) days following the request of Administrative Agent, evidence satisfactory proposes to Administrative Agent that all federal and state taxes, including without limitation, payroll taxes, that are due have been paid in full by Borrowers and each other Borrower Party, to be delivered to Administrative Agent (A) take with respect to such Event of Default; (vii) to the extent in possession of Grantor, complete and accurate as-built plans for all Buildings located on the Real Property; (viii) complete and accurate copies of all Leases and any currently effective letters of intent or proposals to lease all or part of the Property received or made by or behalf of Grantor; and (ix) the most recent years' federal income tax returns for Grantor or any Guarantor, General Partner, Manager, or Affiliate. All financial statements that are required to be provided to Beneficiary under this Section 2.25 shall be on Grantor's standard form of financial statement, unless Beneficiary specifically requires or approves a reasonable alternate form, in which case such financial statements shall be provided on such alternate form. Beneficiary may exercise its rights to require additional reports and state taxes (other than payroll taxes)information under this Section at any time and from time to time on such periodic basis as Beneficiary shall determine to be necessary or appropriate, including annual requests on the anniversary of the date of recordation of this Deed of Trust. Additionally, Grantor shall provide to Beneficiary, within ten (10) business days after of receipt thereof, all material reports and information received from, or with respect, to the required filing date of Condominium and Association and the applicable tax return and (B) with respect to payroll taxes, within thirty (30) days following the end of each calendar quarter;
(iv) upon the request of Administrative Agent, a copy of Borrowers’ or Guarantor’s income tax filings, if any, for the prior calendar year within thirty (30) days after the filing thereof; Inland Portfolio 105968199.6
(v) within thirty (30) days after Administrative Agent’s request therefor, (A) cash flow statements for Borrowers or Operators (which may be prepared on a consolidated basis) and (B) an accounts receivable and accounts payable aging report for the Projects; and
(vi) promptly following any request therefor, information and documentation regarding the Borrower Parties reasonably requested by Administrative Agent or any Lender for purposes of compliance with applicable "know your customer" requirements franchisor under the Patriot Act or other applicable anti-money laundering lawsFranchise Agreement.
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