Common use of Monthly Financial Statements Clause in Contracts

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (20) days after the end of each Accounting Period, a reconciliation of the Reserve for the immediately preceding Accounting Period. This information shall be provided to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and is continuing hereunder.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Holdings and its Subsidiaries on a reconciliation consolidated and consolidating basis and unaudited statements of income and stockholders' equity and cash flow of Holdings and its Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties. Each such balance sheet, statement of income and stockholders' equity and statement of cash flow shall set forth a comparison of the figures for (w) the current fiscal period and (x) the current year-to-date with the figures for (y) the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (z) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlorditem 12 hereof. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate certificate of the Chief Executive Officer or the Holdings' Chief Financial Officer of Tenant (Officer, which shall state that, based on an examination sufficient to permit him to make an informed statement, no Default or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event and, such certificate shall have appended thereto calculations which set forth Loan Parties' compliance with the covenants set forth on the Financial Covenants Rider.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare Furnish Agent and deliver to Landlord: each Lender within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth (or, if such due date is not a reconciliation Business Day, then on the next Business Day), an unaudited balance sheet of Loan Parties and their Subsidiaries on a consolidated and consolidating basis and unaudited statements of income of Loan Parties and their Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the business of Loan Parties or their Subsidiaries, and subject to the absence of footnotes. Each such balance sheet shall set forth a comparison to the prior year end audited financial statements and each statement of income shall set forth a comparison of the figures for (a) the current fiscal period and the current year-to-date with the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Periodfiscal year. This information The Loan Parties shall be provided also provide to Landlord under a complete financial statement for the Business which shall be delivered electronically Agent and each Lender within the designated such time periods in a comparison of such financial statements to the form customarily provided in the industry projections for such fiscal period and approved in advance by Landlordyear-to-date period delivered pursuant to Section 9.11(b). The aforesaid financial statements shall be accompanied by an Officer’s a Compliance Certificate which, for purposes hereof shall mean signed by a Certificate Responsible Officer of the Chief Executive Borrower, which shall state that, based on an examination sufficient to permit such Responsible Officer to make an informed statement, no Default or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to the events giving rise to such Default or Event of Default. Each Compliance Certificate shall additionally set forth the aggregate amount of Capital Expenditures made by Loan Parties during the month in connection with which such Compliance Certificate is delivered.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Loan Parties on a reconciliation consolidated and consolidating basis and unaudited statements of income and stockholders' equity and cash flow of Loan Parties on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties. Each such balance sheet, statement of income and stockholders' equity and statement of cash flow shall set forth a comparison of the figures for (a) the current fiscal period and (b) the current year-to-date with the figures for (c) the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (d) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordSection 5.5(b) or Section 9.12, as applicable. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate certificate of the Chief Executive Officer or the each Loan Party's Chief Financial Officer of Tenant (Officer, which shall state that, based on an examination sufficient to permit him to make an informed statement, no Default or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event and, such certificate shall have appended thereto calculations which set forth Loan Parties' compliance with the requirements or restrictions imposed by Sections 6.8, 7.6, 7.8 and 7.11.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Loan Parties on a reconciliation Consolidated Basis and such parties on a consolidating basis and unaudited statements of income and stockholders' equity and cash flow of Loan Parties on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties. Each such balance sheet, statement of income and stockholders' equity and statement of cash flow shall set forth a comparison of the figures for (x) (i) the current fiscal period and the current year-to-date with (ii) the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (y) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordSection 5.5(b) or Section 9.12, as applicable. The aforesaid financial statements shall be accompanied by a certificate of a Responsible Officer, which shall state that, based on an Officer’s Certificate whichexamination sufficient to permit him to make an informed statement, for purposes hereof shall mean a Certificate of the Chief Executive Officer no Default or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event and, such certificate shall have appended thereto calculations which set forth Loan Parties' compliance with the requirements or restrictions imposed by Sections 6.8, 7.6 and 7.11 hereof.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare Furnish Agent and deliver to Landlord: Lenders within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Loan Parties on a reconciliation Consolidated Basis and such parties on a consolidating basis and unaudited statements of income and stockholders’ equity and cash flow of Loan Parties on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties. Each such balance sheet, statement of income and stockholders’ equity and statement of cash flow shall set forth a comparison of the figures for (x) (i) the current fiscal period and the current year-to-date with (ii) the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (y) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordSection 5.5(b) or Section 9.12, as applicable. The aforesaid financial statements shall be accompanied by a certificate of a Responsible Person, which shall state that, based on an Officer’s Certificate whichexamination sufficient to permit him to make an informed statement, for purposes hereof shall mean a Certificate of the Chief Executive Officer no Default or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event and, such certificate shall have appended thereto calculations which set forth Loan Parties’ compliance with the requirements or restrictions imposed by Sections 6.8 and 7.11 hereof.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Loan Parties on a reconciliation Consolidated Basis and such parties on a consolidating basis and unaudited statements of income and stockholders' equity and cash flow of Loan Parties on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties. Each such balance sheet, statement of income and stockholders' equity and statement of cash flow shall set forth a comparison of the figures for (x) (i) the current fiscal period and the current year-to-date with (ii) the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (y) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordSection 5.5(b) or Section 9.12, as applicable. The aforesaid financial statements shall be accompanied by a certificate of a Responsible Person, which shall state that, based on an Officer’s Certificate whichexamination sufficient to permit him to make an informed statement, for purposes hereof shall mean a Certificate of the Chief Executive Officer no Default or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event and, such certificate shall have appended thereto calculations which set forth Loan Parties' compliance with the requirements or restrictions imposed by Sections 6.8, 7.6 and 7.11 hereof.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare Furnish Agent and deliver to Landlord: each Lender within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth (except as set forth in the immediately following sentence, with respect to the month of January), an unaudited balance sheet of Loan Parties and their Subsidiaries on a reconciliation consolidated and consolidating basis and unaudited statements of income of Loan Parties and their Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties or their Subsidiaries. Notwithstanding anything to the contrary contained in the immediately preceding sentence, Loan Parties shall be obligated to deliver such monthly financial statements for the month of January no later than the earlier of (x) the date on which the Loan Parties filed their SEC Form 10-K for the immediately preceding Accounting Period. This information shall be provided fiscal year, and (y) the date on which the Loan Parties were obligated under applicable SEC regulations to Landlord under a complete financial statement file their SEC Form 10-K for the Business which immediately preceding fiscal year; provided that, if the Loan Parties fail to satisfy the Investment Conditions at any time during the month of January of any of their fiscal years, then Loan Parties shall in all events be obligated to deliver such monthly financial statements for such month of January within thirty (30) days after the end of such month. Each such balance sheet and statement of income shall set forth a comparison of the figures for (a) the current fiscal period and the current year-to-date with the figures for the same fiscal period and year-to-date period of the immediately preceding fiscal year and (b) the projections for such fiscal period and year-to-date period delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by Landlordpursuant to Section 9.12. The aforesaid financial statements shall be accompanied by an Officer’s a Compliance Certificate which, for purposes hereof shall mean signed by a Certificate Responsible Officer of the Chief Executive Administrative Borrower, which shall state that, based on an examination sufficient to permit such Responsible Officer to make an informed statement, no Default or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing and the steps being taken by Loan Parties with respect to the events giving rise to such Default or Event of Default and, such Compliance Certificate delivered in connection with a month that coincides with a fiscal quarter end shall have appended thereto calculations which set forth Loan Parties’ calculation of the Fixed Charge Coverage Ratio (regardless of whether a Financial Covenant Trigger Event shall have then occurred and be continuing) and, if a Financial Covenant Trigger Event shall have then occurred and be continuing, Loan Parties’ compliance with the requirements or restrictions imposed by Section 6.8. Each Compliance Certificate shall additionally set forth the aggregate amount of Capital Expenditures made by Loan Parties during the month in connection with which such Compliance Certificate is continuing hereunderdelivered.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Loan Parties on a reconciliation Consolidated Basis and such parties on a consolidating basis and unaudited statements of income and stockholders' equity and cash flow of Loan Parties on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties. Each such balance sheet, statement of income and stockholders' equity and statement of cash flow shall set forth a comparison of the figures for (x) (i) the current fiscal period and the current year-to-date with (ii) the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (y) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordSection 5.5(b) or Section 9.12, as applicable. The aforesaid financial statements shall be accompanied by a certificate of a Responsible Officer, which shall state that, based on an Officer’s Certificate whichexamination sufficient to permit him to make an informed statement, for purposes hereof shall mean a Certificate of the Chief Executive Officer no Default or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event and, such certificate shall have appended thereto calculations which set forth Loan Parties' compliance with the requirements or restrictions imposed by Sections 6.8, 6.9, 7.6 and 7.11 hereof.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare Furnish Agent and deliver to Landlord: each Lender within twenty-five (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2025) days after the end of each Accounting Periodfiscal month, an unaudited balance sheet of Loan Parties and their Subsidiaries on a reconciliation consolidated basis and unaudited statements of income and stockholders’ equity and cash flow of Loan Parties and their Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties or their Subsidiaries. Each such balance sheet, statement of income and stockholders’ equity and statement of cash flow shall set forth a comparison of the figures for (a) the current fiscal period and the current year-to-date with the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (b) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordSection 5.5. The aforesaid financial statements shall be accompanied by an Officer’s a Compliance Certificate which, for purposes hereof shall mean signed by a Certificate of the Chief Executive Officer or the Chief Financial Responsible Officer of Tenant (Borrower, which shall state that, based on an examination sufficient to permit such Responsible Officer to make an informed statement, no Default or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event and, such Compliance Certificate shall have appended thereto calculations which set forth Loan Parties’ compliance with the requirements or restrictions imposed by Sections 6.9(if applicable), 7.6, 7.7, 7.8 and 7.11.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Loan Parties and their Subsidiaries on a reconciliation consolidated and consolidating basis and unaudited statements of income and stockholders’ equity and cash flow of Loan Parties and their Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties or their Subsidiaries. Each such balance sheet, statement of income and stockholders’ equity and statement of cash flow shall set forth a comparison of the figures for lxxv) the current fiscal period and the current year-to-date with the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information fiscal year and lxxvi) the projections for such fiscal period and year-to-date period delivered pursuant to Section 5.5(b) or Section 9.12, as applicable, and shall be provided accompanied by an analysis and discussion of results (including a summary, discussion and analysis of all variances from the relevant budget) prepared by senior management of Loan Parties with respect thereto, satisfactory to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordAgent. The aforesaid financial statements shall be accompanied by an Officer’s a Compliance Certificate which, for purposes hereof shall mean signed by a Certificate of the Chief Executive Officer or the Chief Financial Responsible Officer of Tenant (Administrative Loan Party, which shall state that, based on an examination sufficient to permit such Responsible Officer to make an informed statement, no Default or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to the events giving risk to such Default or Event of Default and, such Compliance Certificate shall have appended thereto calculations which set forth Loan Parties’ compliance with the requirements or restrictions imposed by Sections 6.8 and 7.6.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare Furnish Agent and deliver to Landlord: each Lender within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodfiscal month, an unaudited and internally prepared balance sheet of Loan Parties and their Subsidiaries on a reconciliation consolidated basis and unaudited statements of income and stockholders’ equity and cash flow of Loan Parties and their Subsidiaries on a consolidated basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the business of Loan Parties or their Subsidiaries (it being understood and agreed that none of the foregoing monthly reports is required to be prepared in accordance with GAAP). Each such balance sheet, statement of income and stockholders’ equity and statement of cash flow shall set forth a comparison of the figures for (i) the current fiscal period and the current year-to-date with the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information fiscal year and (ii) the projections for such fiscal period and year-to-date period delivered pursuant to Section 5.5(b) or Section 9.12, as applicable, and shall be provided accompanied by an analysis and discussion of results (including a summary, discussion and analysis of all variances from the relevant budget) prepared by senior management of Loan Parties with respect thereto, satisfactory to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordAgent. The aforesaid financial statements shall be accompanied by an Officer’s a Compliance Certificate which, for purposes hereof shall mean signed by a Certificate of the Chief Executive Officer or the Chief Financial Responsible Officer of Tenant (Administrative Borrower, which shall state that, based on an examination sufficient to permit such Responsible Officer to make an informed statement, no Default or Event of Tenant’s general partner) (an “Officer’s Certificate”) in which Default exists, or, if such Officer shall certify is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing and the steps being taken by Loan Parties with respect to the best events giving risk to such Default or Event of Default and, such Officer’s knowledge Compliance Certificate shall have appended thereto calculations which set forth Loan Parties’ compliance with the requirements or restrictions imposed by Sections 6.8 and 7.6 (a) it being understood and agreed that no such Compliance Certificate shall require any certification that such financial statements have been properly is prepared in accordance with GAAP GAAP). The Compliance Certificate with respect to each fiscal month ending on or about the last day of each March, June, September and are true, correct and complete in all material respects and fairly present the consolidated financial condition December shall also set forth a calculation of Tenant at and as of the dates thereof and the results of its operations Quarterly Average Undrawn Availability for the period covered thereby, and (b) that no Event purposes of Default has occurred and is continuing hereunderdetermining the Applicable Margin with respect to the then current calculation period.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent as soon as available (i) but in any event within twenty thirty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth), an unaudited balance sheet of Loan Parties' on a reconciliation consolidated basis and unaudited statements of income and stockholders' equity and cash flow of Loan Parties on a consolidated basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring quarterly and year-end adjustments that individually and in the aggregate are not material to the business of Loan Parties. Each such balance sheet, statement of income and stockholders' equity and statement of cash flow shall set forth a comparison of the figures for (w) the current fiscal period and (x) the current year-to-date with the figures for (y) the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information shall be provided fiscal year and (z) the projections for such fiscal period and year-to-date period delivered pursuant to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordSection 5.5(b) or Section 9.12, as applicable. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate certificate of the Chief Executive Officer or the each Loan Party's Chief Financial Officer of Tenant (or of Tenant’s general partner) (Chief Administrative Officer, which shall state that, based on an “Officer’s Certificate”) in which such Officer shall certify examination sufficient to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are truepermit him to make an informed statement, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Default or Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to such event, and such certificate shall have appended thereto calculations which set forth Loan Parties' compliance with the requirements or restrictions imposed by Section 6.8.

Monthly Financial Statements. Throughout the Term of this Lease, Tenant shall prepare and deliver to Landlord: Furnish Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodmonth, an unaudited balance sheet of Loan Parties and their Subsidiaries on a reconciliation consolidated and consolidating basis and unaudited statements of income and stockholders’ equity and cash flow of Loan Parties and their Subsidiaries on a consolidated and consolidating basis reflecting results of operations from the beginning of the Reserve fiscal year to the end of such month and for such month, prepared on a basis consistent with prior practices and complete and correct in all material respects, subject to normal and recurring year end adjustments that individually and in the aggregate are not material to the business of Loan Parties or their Subsidiaries. Each such balance sheet, statement of income and stockholders’ equity and statement of cash flow shall set forth a comparison of the figures for (a) the current fiscal period and the current year-to-date with the figures for the same fiscal period and year-to-date period of the immediately preceding Accounting Period. This information fiscal year and (b) the projections for such fiscal period and year-to-date period delivered pursuant to Section 5.5(b) or Section 9.12, as applicable, and shall be provided accompanied by an analysis and discussion of results (including a summary, discussion and analysis of all variances from the relevant budget) prepared by senior management of Loan Parties with respect thereto, satisfactory to Landlord under a complete financial statement for the Business which shall be delivered electronically within the designated time periods in the form customarily provided in the industry and approved in advance by LandlordAgent. The aforesaid financial statements shall be accompanied by an Officer’s a Compliance Certificate which, for purposes hereof shall mean signed by a Certificate of the Chief Executive Officer or the Chief Financial Responsible Officer of Tenant (Administrative Loan Party, which shall state that, based on an examination sufficient to permit such Responsible Officer to make an informed statement, no Default or of Tenant’s general partner) (an “Officer’s Certificate”) in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP and are true, correct and complete in all material respects and fairly present the consolidated financial condition of Tenant at and as of the dates thereof and the results of its operations for the period covered thereby, and (b) that no Event of Default has occurred and exists, or, if such is not the case, specifying such Default or Event of Default, its nature, when it occurred, whether it is continuing hereunderand the steps being taken by Loan Parties with respect to the events giving risk to such Default or Event of Default and, such Compliance Certificate shall have appended thereto calculations which set forth Loan Parties’ compliance with the requirements or restrictions imposed by Sections 6.8 and 7.6.

Monthly Financial Statements. Throughout the Term of this LeaseDeliver, Tenant shall prepare and deliver or cause to Landlord: be delivered, to Agent within thirty (i) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement, an operating balance sheet and a cash flow statement for the Facility showing the results of the operation of the Leased Property, including an occupancy report and census data for the immediately preceding Accounting Period and for the Fiscal Quarter and Fiscal Year to date, an accounts receivable member’s aging report; (ii) within twenty (20) calendar days after the end of each Accounting Period, an income (or profit and loss) statement and operating balance sheet showing the results of the operation of each of Tenant and Tenant’s Parent (which may be presented on a consolidated basis) for the immediately preceding Fiscal Quarter and for the Fiscal Year to date; and (iii) within twenty (2030) days after the end of each Accounting Periodcalendar month of each Fiscal Year, the balance sheets of DDH and its Subsidiaries (or DDH Holdings and its Subsidiaries after a reconciliation Qualified IPO), prepared on a Consolidated Basis, as of the Reserve end of such calendar month and the related statements of income, equity and cash flows of DDH and its Subsidiaries (or DDH Holdings and its Subsidiaries after a Qualified IPO), prepared on a Consolidated Basis, for such calendar month and for the immediately preceding Accounting Period. This information shall be provided period from the beginning of the then current Fiscal Year to Landlord under a complete financial statement the end of such calendar month, setting forth in each case (in the case of any such reporting after the first anniversary of the Closing Date) in comparative form the corresponding figures for the Business which shall be delivered electronically within the designated time corresponding periods in the form customarily provided in the industry and approved in advance by Landlord. The aforesaid financial statements shall be accompanied by an Officer’s Certificate which, for purposes hereof shall mean a Certificate of the Chief Executive Officer or the Chief Financial Officer of Tenant (or of Tenant’s general partner) (an “Officer’s Certificate”) previous Fiscal Year, all in which such Officer shall certify to the best of such Officer’s knowledge (a) that such statements have been properly prepared in accordance with GAAP reasonable detail and are true, correct and complete consistent in all material respects and fairly present with the consolidated financial condition manner of Tenant at and presentation as of the dates thereof Closing Date and complete and correct in all material respects, subject to normal and recurring year-end adjustments that individually and in the aggregate are not material to the Credit Parties’ business operations and the results absence of its operations for footnotes, together with a Financial Officer Certification with respect thereto. Notwithstanding the period covered therebyforegoing, to the extent any of the foregoing constitutes material non-public information, no Credit Party shall be required to deliver any such financial statements until such time as Agent delivers to the Credit Parties a non-disclosure agreement that is in form and (b) that no Event of Default has occurred and is continuing hereundersubstance satisfactory to the Credit Parties in their reasonable discretion containing, among other things, standstill provisions preventing transactions in the Credit Parties’ stock.