Furnish to Lender Clause Samples

Furnish to Lender promptly after the commencement thereof but in any event not later than five (5) business days after service of process with respect thereto on, or the obtaining of knowledge thereof by, Borrower, notice of each action, suit or proceeding at law, in equity, in arbitration or before any other governmental authority or other regulatory body or arbitrator that could reasonably be expected to have a Material Adverse Effect;

Furnish to Lender written notice as to the occurrence of any Default or Event of Default hereunder.

Furnish to Lender. (a) As soon as possible, but in no event later than thirty (30) days after Borrower knows or has reason to know that any reportable event with respect to any deferred compensation plan has occurred, a statement of the chief financial officer of Borrower setting forth the details concerning such reportable event and the action which Borrower proposes to take with respect thereto, together with a copy of the notice of such reportable event given to the Pension Benefit Guaranty Corporation, if a copy of such notice is available to Borrower; (b) promptly after the filing thereof with the United States Secretary of Labor or the Pension Benefit Guaranty Corporation, copies of each annual report with respect to each deferred compensation plan; (c) promptly after receipt thereof, a copy of any notice Borrower may receive from the Pension Benefit Guaranty Corporation or the Internal Revenue Service with respect to any deferred compensation plan; provided, however, this Subsection (c) shall not apply to any notice of general application issued by the Pension Benefit Guaranty Corporation or the Internal Revenue Service; and (d) when the same is made available to participants in the deferred compensation plan, all notices and other forms of information from time to time disseminated to the participants by the administrator of the deferred compensation plan.

Furnish to Lender. As soon as available and in any event not later than forty-five (45) days after the end of each fiscal quarter the unaudited consolidated financial statements of Borrower as of the end of such quarter and the related unaudited statements of income and shareholders' equity and cash flows for the period commencing at the end of the previous year and ending with the end of such quarter, and the corresponding figures as at the end of, and for, the corresponding period in the preceding fiscal year, all in reasonable detail and duly certified with respect to such statements (subject to year-end audit adjustments) by an authorized financial officer of Borrower as having been prepared in accordance with GAAP;

Furnish to Lender concurrently with the delivery of the financial statements referred to in subsection (a) hereof, a certificate of a responsible officer of ATII and each other Borrower stating that, to the best of such officer's knowledge, ATII and each other Borrower during such period, has observed or performed all of its covenants and other agreements, and satisfied every condition contained in this Agreement and in the Note to be observed, performed or satisfied by it and that such officer has obtained no knowledge of any Event of Default except as specified in such certificate.

Furnish to Lender. Borrower shall furnish to Lender the following, certified as true, complete, and accurate, in all material respects, by an individual having authority to bind Borrower (or Guarantor, as applicable), in such form and with such detail as Lender reasonably requires: within forty-five (45) days after the end of each first, second, and third calendar quarter, a statement of income and expenses for Borrower on a year-to-date basis as of the end of each calendar quarter; within one hundred twenty (120) days after the end of each calendar year: for any Borrower that is an entity, a statement of income and expenses and a statement of cash flows for such calendar year; for any Borrower that is an individual or a trust established for estate-planning purposes, a personal financial statement for such calendar year; when requested in writing by Lender, balance sheet(s) showing all assets and liabilities of Borrower and a statement of all contingent liabilities as of the end of such calendar year; if an energy consumption metric for the Mortgaged Property is required to be reported to any Governmental Authority, the ▇▇▇▇▇▇ Mae Energy Performance Metrics report, as generated by ENERGY STAR® Portfolio Manager, for the Mortgaged Property for such calendar year, which report must include the ENERGY STAR score, the Source Energy Use Intensity (EUI), the month and year ending period for such ENERGY STAR score and such Source Energy Use Intensity, and the ENERGY STAR Portfolio Manager Property Identification Number; provided that, if the Governmental Authority does not require the use of ENERGY STAR Portfolio Manager for the reporting of the energy consumption metric and Borrower does not use ENERGY STAR Portfolio Manager, then Borrower shall furnish to Lender the Source Energy Use Intensity for the Mortgaged Property for such calendar year; a written certification ratifying and affirming that: Borrower has taken no action in violation of Section 4.2(kk) regarding its single asset status; Borrower has received no notice of any building code violation, or if Borrower has received such notice, evidence of remediation; Borrower has made no application for rezoning or received any notice that the Mortgaged Property has been or is being rezoned; and Borrower has taken no action and has no knowledge of any action that would violate the provisions of Section 11.2(zzzz)(9)(F) regarding liens encumbering the Mortgaged Property; an accounting of all security deposits held pursuant to al...

Furnish to Lender upon receipt from Administrator, the Payment Calculation Report and each of the daily reports specified in Article IV, Section 1 of the Custody and Administration Agreement;

Furnish to Lender. Within ninety (90) days of the end of each fiscal year, consolidated and consolidating Financial Statements certified (without qualification) by independent certified public accountants selected by Borrower and approved by Lender, showing the financial condition at the close of such fiscal year, the results of operations during such year and containing a statement to the effect that its independent public accountants have examined the provisions of this Agreement and that no Event of Default, nor any event which with notice or lapse of time, or both, would constitute such an Event of Default, has occurred;

Furnish to Lender promptly after the filing or receiving thereof; copies of all notices which Borrower receives from any Governmental Authority alleging its noncompliance with environmental laws or regulations and any replies of Borrower filed in response thereto, and take all necessary remedial action as required by such Governmental Authority;