Common use of Financial and Other Data Clause in Contracts

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation.

Financial and Other Data. (a) During any Equipment Note Lease Term, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide LenderLessor, within 120 days after the close of each fiscal year, and, upon LenderLessor’s request, within 45 days of the end of each quarter of BorrowerLessee’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower Lessee and each Guarantor requested by LenderLessor, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower Lessee or Guarantor, as applicable; provided, however, that for so long as Borrower Lessee or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender Lessor all other financial information and reports and such other information as Lender Lessor may reasonably request concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s 's request, within 45 days of the end of each quarter of Borrower’s 's and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation.

Financial and Other Data. (a) During any Equipment Note Lease Term, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide LenderLessor, within 120 days after the close of each fiscal year, and, upon Lender’s Lessor's request, within 45 days of the end of each quarter of Borrower’s Lessee's and any Guarantor’s fiscal year, a copy of financial statements for Borrower Lessee and each Guarantor requested by LenderLessor, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower Lessee or Guarantor, as applicable; provided, however, that for so long as Borrower Lessee or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender Lessor all other financial information and reports and such other information as Lender Lessor may reasonably request concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation.

Financial and Other Data. (a) During any Equipment Note Term, Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide Lender, within 120 days after the close of each fiscal year, and, upon Lender’s request, within 45 days of the end of each quarter of Borrower’s and any Guarantor’s fiscal year, a copy of financial statements for Borrower and each Guarantor requested by Lender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) company prepared and certified by the chief financial officer of Borrower or Guarantor, as applicable; provided, however, that for so long as Borrower or any such Guarantor is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender all other financial information and reports and such other information as Lender may reasonably request concerning Borrower, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation.

Financial and Other Data. (a) During any Equipment Note Lease Term, Borrower Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide LenderLessor, within 120 days after the close of each fiscal year, and, upon Lender’s Lessor's request, within 45 days of the end of each quarter of Borrower’s Lessee's and any Guarantor’s fiscal year, a copy of financial statements for Borrower Lessee and each Guarantor requested by LenderLessor, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of Borrower Lessee or Guarantor, as applicable; provided, however, that for so long as Borrower Lessee or any such Guarantor is (y) provides financial reports to BANA as and when required by the Bank Facility between Lessee and BANA or (z) legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-10- Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lender Lessor all other financial information and reports and such other information as Lender Lessor may reasonably request concerning BorrowerLessee, any Guarantor and their respective affairs, or the Equipment or its condition, location, use or operation.. Master Lease Agreement