Common use of Furnishing Information Clause in Contracts

Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1) annual financial statements for Borrower (and for the Property if it is not the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety (120) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property shall include a current rent roll for the Property, to be submitted within ninety (120) days after the end of Borrower’s fiscal year. Lender shall have the right to require that the Borrower provide quarterly financial statements and rent rolls (including aged delinquency reports) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicable, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principles. Borrower shall also furnish a current operating statement for the Property (including a rent roll if there are any leases of the Property or any part thereof), at the time it delivers its financial statements. Additionally, Borrower and Indemnitor will:

Furnishing Information. Each Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (Correspondent: 1) annual financial statements for such Borrower (and for the Property if it is not the only asset Project owned by Borrower); (it, 2) annual financial statements for Indemnitor; (, and 3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is required to deliver same under the terms of the lease its lease, or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety (12090) days after the close of each fiscal year of such Borrower and Indemnitor (as applicable). Annual financial statements of Borrower , other than tenant sales which will be delivered if and when they are received from the Property shall include a current rent roll for the Property, to be submitted within ninety (120) days after the end of Borrower’s fiscal year. Lender shall have the right to require that the Borrower provide quarterly financial statements and rent rolls (including aged delinquency reports) at any time during the Loan termtenants. Notwithstanding the foregoing requirement at Section 3.13(3(3), if any Borrower or Indemnitor have has any ownership interest in (whether direct or indirect) or are under common control or is a related entities entity with any tenant, including being an affiliate or parent of tenant, then and in that case, regardless of the requirements under the applicable lease, or any amendment or modification thereto, such Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant salessales of such tenant, if applicable, in the exact manner and timing as stated above. Such statements shall be certified as true and correct by an authorized financial officer of such Borrower or by an authorized financial officer of Indemnitor, as the case may be. While only annual financial statements will be required aboveinitially, Lender shall have the right to require that the Borrowers provide quarterly financial statements, aged delinquency reports and tenant sales figures for tenants required to report sales under its lease with a Borrower to Lender and Mortgage Correspondent, at any time during the Loan term. Borrowers shall cause Indemnitor to deliver to Lender within ninety (90) days after the end of each calendar year, and within twenty (20) days after Lender’s request in the event of any Default by any Borrower under any of the Loan Documents, a current financial statement, certified as correct by Indemnitor. On the occurrence of an Event of Default, Borrower Borrowers shall and shall cause Indemnitor shall to promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, occurred or Lender reasonably believes that previously provided financial statements are materially inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principles. Each Borrower shall also furnish a current operating statement for the Property Project owned by it (including a rent roll if there are any leases of the Property or any part thereof), roll) at the time it delivers its financial statements. Additionally, Borrower Borrowers will and will cause Indemnitor willto:

Furnishing Information. Borrower So long as any of the Shares, Warrants or Underlying Shares held by a Standby Purchaser, Substituted Standby Purchaser or Affiliate thereof shall, at any time, constitute “restricted securities” within the meaning of Rule 144(a)(3), upon written request, RBC shall deliver (regardless of whether RBC is at such time subject to Sections 13 or cause 15(d) of the 0000 Xxx) provide to any holder, beneficial owner or prospective purchaser of such securities, the information required to be delivered pursuant to Lender Rule 144A(d)(4) to facilitate the resale of such securities pursuant to Rule 144A. Until the time that no Standby Purchaser or Substituted Standby Purchaser owns Shares (including Underlying Shares) or Warrants, RBC covenants to timely file (or obtain extensions in respect thereof and Mortgage Correspondent file within the applicable grace period) all reports required to be filed by RBC after the date hereof pursuant to the 1934 Act and the Securities Laws. Until such time that no Standby Purchaser or Substituted Standby Purchaser owns Shares (1including Underlying Shares) annual financial statements for Borrower or Warrants, RBC shall prepare and furnish to the Standby Purchasers and Substituted Standby Purchaser(s) (and for i) copies of documents or reports, if any, that RBC is required to file with the Property if it is not SEC pursuant to Section 13 or 15(d) of the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; 1934 Act and (4ii) annual tenant sales for any tenant where reporting of tenant sales is the reports required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety (120) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property shall include a current rent roll for the Property, to be submitted within ninety (120provided to the Standby Purchasers and Substituted Standby Purchaser(s) days after pursuant to the end of Borrower’s fiscal year. Lender shall have Securities Laws and will deliver such reports to the right to require that the Borrower provide quarterly financial statements Standby Purchasers and rent rolls (including aged delinquency reportsSubstituted Standby Purchaser(s) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicable, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principlesthe Securities Laws. Borrower Any such document or report that RBC files with the SEC through the SEC’s XXXXX system or SEDAR, as applicable, shall also furnish a current operating statement be deemed furnished to the Purchasers for the Property (including a rent roll if there are any leases purposes of the Property or any part thereof), this Section 3.1(k) at the time it delivers its financial statements. Additionallysuch documents are filed or furnished via the Commission’s XXXXX system or SEDAR, Borrower and Indemnitor will:as applicable.

Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1) unaudited annual consolidated financial statements for with respect to Borrower (and for the Property if it is not the only asset owned by Borrower); (2) annual consolidated and consolidating financial statements for Indemnitor; (3) a duly executed current Borrower Annual Certification with respect to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no Guarantor not later than ninety (120) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property shall include a current rent roll for the Property, to be submitted within ninety (12090) days after the end of Borrower’s fiscal each calendar year. Lender shall have the right to require that the Borrower provide , and unaudited quarterly consolidated financial statements and rent rolls (including aged delinquency reports) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if in each case certified by Borrower or Indemnitor have any ownership interest in Guarantor, as applicable, with respect to Borrower and Guarantor not later than forty-five (whether direct or indirect45) or are under common control or related entities with any tenant, then and in that case, regardless days after the end of each of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant first three (3) calendar quarters. All such financial statements and tenant sales, if applicable, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited in a format approved in writing by certified public accountants acceptable to Lender and Lender, prepared in accordance with generally accepted accounting principlesprinciples ("GAAP") consistently applied. Each financial statement shall be certified as true, complete and correct by Borrower or, in the case of the Guarantor's financial statements, by the Guarantor. Within fifteen (15) days following the end of each month or calendar quarter, as applicable, Borrower shall deliver to Lender: (i) quarterly unaudited operating income statements for the Project, certified as true, complete and correct by Borrower showing actual sources and uses of cash during the preceding quarter; and (ii) monthly a current rent roll with respect to the Project during the preceding calendar month; and (iii) monthly a sales and marketing report ("Sales and Marketing Report") identifying each (x) Apartment Unit within the Project which is under contract for sale as a Condominium Unit to a bonafide unaffiliated third party, (y) each Apartment Unit in the Project which was previously under contract for sale as a Condominium Unit to a bonafide third party purchaser but which contract was terminated and the reason for such termination during the preceding calendar month, and (z) each contract for sale of any Apartment Unit as a Condominium Unit which was closed during the preceding calendar month. Borrower and the Guarantor shall provide such additional financial information Lender reasonably requires. Borrower shall also furnish a current operating statement for the Property (including a rent roll if there are any leases of the Property during regular business hours permit Lender or any part thereof), at of its agents or representatives to have access to and examine all of its books and records regarding the time it delivers its financial statementsoperation and sale of Condominium Units within the Property. AdditionallyFurther, Borrower shall, during regular business hours, permit Lender and Indemnitor will:any of its agents or representatives to have access to the Project to inspect and examine the same.

Furnishing Information. Borrower So long as any of the Shares, Warrants or Underlying Shares held by a Standby Purchaser, Substituted Standby Purchaser or Affiliate thereof shall, at any time, constitute “restricted securities” within the meaning of Rule 144(a)(3), upon written request, RBC shall deliver (regardless of whether RBC is at such time subject to Sections 13 or cause 15(d) of the 0000 Xxx) provide to any holder, beneficial owner or prospective purchaser of such securities, the information required to be delivered pursuant to Lender Rule 144A(d)(4) to facilitate the resale of such securities pursuant to Rule 144A. Until the time that no Standby Purchaser or Substituted Standby Purchaser owns Shares (including Underlying Shares) or Warrants, RBC covenants to timely file (or obtain extensions in respect thereof and Mortgage Correspondent file within the applicable grace period) all reports required to be filed by RBC after the date hereof pursuant to the 1934 Act and the Securities Laws. Until such time that no Standby Purchaser or Substituted Standby Purchaser owns Shares (1including Underlying Shares) annual financial statements for Borrower or Warrants, RBC shall prepare and furnish to the Standby Purchasers and Substituted Standby Purchaser(s) (and for i) copies of documents or reports, if any, that RBC is required to file with the Property if it is not SEC pursuant to Section 13 or 15(d) of the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; 1934 Act and (4ii) annual tenant sales for any tenant where reporting of tenant sales is the reports required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety (120) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property shall include a current rent roll for the Property, to be submitted within ninety (120provided to the Standby Purchasers and Substituted Standby Purchaser(s) days after pursuant to the end of Borrower’s fiscal year. Lender shall have Securities Laws and will deliver such reports to the right to require that the Borrower provide quarterly financial statements Standby Purchasers and rent rolls (including aged delinquency reportsSubstituted Standby Purchaser(s) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicable, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principlesthe Securities Laws. Borrower Any such document or report that RBC files with the SEC through the SEC’s XXXXX system or SEDAR, as applicable, shall also furnish a current operating statement be deemed furnished to the Purchasers for the Property (including a rent roll if there are any leases purposes of the Property or any part thereof), this Section 3.1(k) at the time it delivers its financial statementssuch documents are filed or furnished via the Commission’s XXXXX system or SEDAR, as applicable. Additionally, Borrower and Indemnitor will:(l)

Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1i) annual financial statements for Borrower (and for the Property if it is not the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety (120) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property shall include a current rent roll for the Property, to be submitted within ninety (120) 60 days after the end of Borrower’s fiscal each calendar year. Lender shall have the right to require that the Borrower provide quarterly , annual company prepared financial statements for each Borrower and rent rolls (including aged delinquency reportsii) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in within thirty (whether direct or indirect30) or are under common control or related entities with any tenant, then and in that case, regardless days of the requirements under the leasefiling of same, or any amendment or modification theretoand if required to be filed, annual federal income tax returns for each Borrower, including all schedules and exhibits. Borrower shall deliver or cause to be delivered to Lender (i) not later than 90 days after the end of each calendar year, annual tenant company prepared financial statements for Guarantor and (ii) within thirty (30) days of the filing of same (if applicable), annual federal income tax returns for Guarantor, including all schedules and exhibits; provided that, (i) Borrower may provide Lender with Guarantor’s publicly filed financial statements to satisfy its obligation to provide Lender with Guarantor’s financial statements and tenant sales, if applicable, (ii) in the even that Guarantor’s obligations under the Payment Guaranty should terminate due to full satisfaction of all Payment Guaranty Release Conditions (as required above. On set forth under Section 1 of the occurrence of an Event of DefaultPayment Guaranty), Borrower shall thereafter, not be required to submit Guarantor’s tax returns to Lender. Borrower shall also submit to Lender not later than 90 days after the end of each calendar year, a rent roll for the Project and Indemnitor a financial operating statement for the Project. Each financial statement prepared by in accordance with GAAP and shall promptly be certified as true, complete and correct by its preparer and by Borrower or, in the case of Guarantor’s financial statements, by the Guarantor to whom it relates. Borrower and Guarantor shall provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may requirereasonably requires. If Borrower shall during regular business hours permit Lender or any of its agents or representatives to have access to and examine all of its books and records regarding the operation of the Project. ADDITIONAL REMEDIES FOR NONCOMPLIANCE WITH FINANCIAL AND OTHER REPORTING REQUIREMENTS. Notwithstanding anything in this Agreement or the other Loan Documents to the contrary, if for any reason Borrower or Guarantor fail to furnish Lender with any and all balance sheets, income statements, tax returns, financial reports and other information in strict compliance with the requirements, conditions and timing deadlines of this Agreement, and the other Loan Documents, time being of the essence, then the Loan evidenced by the Note described in this Agreement, at the option of the Lender (in addition to all other rights and remedies of Lender) and unless and until an Event of Default has occurredis declared for such non-compliance, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender assessed an ongoing monthly fee in the amount no less than $500.00 until Borrower complies with the requirements, conditions and prepared in accordance with generally accepted accounting principles. Borrower shall also furnish a current operating statement for the Property (including a rent roll if there are any leases timing deadlines of the Property or any part thereof), at the time it delivers its financial statements. Additionally, Borrower and Indemnitor will:this Agreement.

Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1) annual financial statements for Borrower (and for the Property Project if it is not the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (and 3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is are required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety (12090) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property Project shall include a current rent roll for the Property, Project to be submitted within ninety (12090) days after the end of Borrower’s fiscal year. Lender shall have the right to require that the Borrower provide quarterly financial statements and rent rolls (including aged delinquency reports) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicable, as required above. Loan Agreement On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principles. Borrower shall also furnish a current operating statement for the Property Project (including a rent roll if there are any leases of the Property Project or any part thereof), at the time it delivers its financial statements. Additionally, Borrower and Indemnitor will:

Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1) annual financial statements for Borrower (and for the Property Project if it is not the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (and 3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is are required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than (i) ninety (12090) days after the close of each fiscal year of Borrower and (ii) one hundred and twenty (120) days after the closing of each fiscal year of Indemnitor (as applicable). Annual financial statements of Borrower and the Property Project shall include a current rent roll for the Property, Project to be submitted within ninety (12090) days after the end of Borrower’s fiscal year. Lender shall have the right to require that the Borrower provide quarterly financial statements and rent rolls (including aged delinquency reports) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicable, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principles. Borrower shall also furnish a current operating statement for the Property Project (including a rent roll if there are any leases of the Property Project or any part thereof), at the time it delivers its financial statements. Additionally, Borrower and Indemnitor will:

Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1) annual financial statements for Borrower (and for the Property Project if it is not the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (and 3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is are required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety one-hundred twenty (120) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property Project shall include a current rent roll for the Property, Project to be submitted within ninety one-hundred twenty (120) days after the end of Borrower’s fiscal year. Lender shall have the right to require that the Borrower provide quarterly financial statements and rent rolls (including aged delinquency reports) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicable, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principles. Borrower shall also furnish a current operating statement for the Property Project (including a rent roll if there are any leases of the Property Project or any part thereof), at the time it delivers its financial statements. Additionally, Borrower and Indemnitor will:

Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1) annual financial statements for Borrower (and for the Property if it is not the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (3) a duly executed current Borrower Annual Certification to LenderGuarantor, in the form attached hereto and such other financial information as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is required under the terms of the lease or any amendment or modification theretoLender may reasonably require, in each of the foregoing cases as soon as available and in all events no later than ninety one hundred twenty (120) days after the close of each fiscal year year. The annual statements shall be certified as true and correct by an authorized financial officer of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property shall include a current rent roll for the Property, to be submitted within ninety (120) days after the end of Borrower’s fiscal year. Lender shall have the right to require that the Borrower provide quarterly financial statements and rent rolls (including aged delinquency reports) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicableGuarantor hereof, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender case may requirebe. If an Event of Default has occurred, occurred or Lender reasonably believes that previously provided financial statements are inaccurate, the annual Borrower and Guarantor shall promptly provide Lender with such additional financial reports and/or information as Lender may request in Lender's sole and absolute discretion, and Lender may require that any such financial statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principlesprincipals and certified by an independent certified public accountant. Borrower shall also furnish a current operating statement for the Property Project (including a rent roll if there are any leases of the Property Project or any part thereof), at the time it delivers its financial statements. Additionally, Borrower and Indemnitor will:Guarantor hereof shall: (i) promptly supply Lender with such information concerning its/their respective affairs and property relating to the development and operation of the Project as Lender may hereafter request from time to time; (ii) at any time during regular business hours permit Lender or any of its agents or representatives to have access to and examine all of its books and records regarding the development and operation of the Project; (iii) permit Lender to copy and make abstracts from any and all of such books and records; (iv) immediately notify Lender if Borrower receives any actual notice, action or lien notice or otherwise becomes aware that the Project violates or is alleged to violate any Building Law, or of a condition or situation on the Project which will constitute violation of a Building Law (whether now existing or hereafter enacted), which notice to Lender shall describe with particularity the Building Law violation and Borrower's plan to promptly correct the violation; and (v) if Borrower is a corporation and/or has made filings with the government securities commission or any national securities exchange, promptly furnish to Lender copies of all (a) filings by it with the government securities commission or any national securities exchange, (b) mailings by it to its shareholders, (c) reports furnished by it to rating agencies and relating to its outstanding commercial paper, (d) information generally supplied by it in writing to security analysts, and (e) furnish other information concerning Borrower and Guarantor as is reasonably requested from time to time by Lender. Notwithstanding any of the foregoing, Lender may, at any time during the term of the Loan, require Borrower to provide Lender with quarterly financial statements.