Common use of TENANT'S FINANCIAL CONDITION Clause in Contracts

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen (15) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month period, Tenant shall deliver to Landlord financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") as are reasonably required by Landlord to verify the net worth of Tenant, or any assignee, subtenant or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange Commission. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereof. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth herein. Each such financial statement shall be executed by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statements.

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Tenant’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Tenant’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by the use of generally accepted accounting principles. Tenant shall be executed by Tenant and shall, if requested by deliver to Landlord, be certified concurrently with Tenant’s execution and delivery of this Lease, a Tenant’s Financial Certificate. If Tenant fails to so deliver Tenant’s Financial Certificate, Landlord may, at its option, terminate this Lease by providing Tenant to be true and correctwith written notice of such termination. Notwithstanding any language to the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. Warm Springs Road and Xxxxxxx Road Las Vegas, Nevada Switch, Ltd. In addition to the requirements set forth above in lieu this Section 11.03, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statementsSpringing Security Deposit (if not already delivered to Landlord).

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Xxxxxx’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Xxxxxx’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by the use of generally accepted accounting principles. Tenant shall be executed by Tenant and shall, if requested by deliver to Landlord, be certified concurrently with Xxxxxx’s execution and delivery of this Lease, a Xxxxxx’s Financial Certificate. If Tenant fails to so deliver Xxxxxx’s Financial Certificate, Landlord may, at its option, terminate this Lease by providing Tenant with written notice of such termination. Xxxxx Boulevard and Xxxxxxx Road Las Vegas, Nevada Switch, Ltd. 26 Notwithstanding any language to be true and correct. Notwithstanding the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. In addition to the requirements set forth above in lieu this Section 11.03, Xxxxxx also agrees to provide Landlord, as and when required by Xxxxxx’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Xxxxxx’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statementsSpringing Security Deposit (if not already delivered to Landlord).

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Tenant’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Tenant’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement shall be executed As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correctthe use of generally accepted accounting principles. Notwithstanding any language to the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. In addition to the requirements set forth above in lieu this Section 11.03, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statementsSpringing Security Deposit (if not already delivered to Landlord). Tenant shall deliver to Landlord on or before the Effective Date a Tenant’s Financial Certificate. If Tenant fails to so deliver Tenant’s Financial Certificate, this First Amendment shall be null and void and without further force or effect.

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant, Tenant or any assignee, subtenant subtenant, or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange CommissionTenant, but excluding Tenant’s Customers. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any such lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofProperty. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such Notwithstanding any language to the contrary in this Section 11.03, unless the original Tenant has committed a monetary breach of this Lease, Landlord’s requests for the original Tenant’s financial statement statements shall be executed by Tenant and shall, if only as requested by Landlord’s lender or prospective lender. In addition to the requirement to provide financial statements to Landlord, be certified as provided above, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant agrees to immediately increase the amount of the Security Deposit required under the terms of this Lease to an amount equal to six (6) months Base Rent then payable by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statementsLandlord.

TENANT'S FINANCIAL CONDITION. Prior to the Effective DateTenant, and within fifteen ten (1510) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and Landlord, which request shall not be made more than one (1) time during any calendar year unless an additional request is made in connection with a sale or financing of the Building or in the event Tenant defaults under any of the provisions of this Lease in which case Landlord may make request more than once per twelve month periodyear, Tenant shall deliver to Landlord Tenant’s (a) annual financial statements prepared in accordance with generally accepted accounting principles consistently applied for the two ("GAAP"2) as are reasonably required by Landlord to verify the net worth of Tenant, or any assignee, subtenant or guarantor most recently completed fiscal years of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange Commission. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any for which financial statements are available and (b) quarterly financial statements for the most recently completed fiscal quarter of Tenant for which financial statements are available, which financial statements shall be audited or, if Tenant has not prepared audited financial statements, certified to be true and correct in accordance with GAAP required all material respects by any lender Tenant’s chief financial officer or purchaser other person duly appointed to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofcertify such statements. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth herein. Each such financial statement shall be executed by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correctaccurate as of its date. Except for publicly available information, Landlord agrees to keep all such financial statements confidential and not to release them without the prior consent of Tenant, other than to current and prospective lenders, investors and purchasers of the Building and other relevant persons on a need-to-know basis, provided that all such lenders, purchasers and other persons agree to maintain the confidentiality of such statements. Notwithstanding the foregoing, if (i) Tenant is shall not be required to deliver such financial statements during the 30-day period prior to filing a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings registration statement with the U.S. Securities and Exchange Commission in lieu connection with an initial public offering of the above referenced company’s shares or if such delivery is otherwise prohibited by applicable Legal Requirements and (ii) Tenant shall have no obligation to deliver to Landlord any financial statementsstatements if the same are filed with the U.S. Securities and Exchange Commission.

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of TenantTenant Industrial Lease—Las Vegas, Nevada 0000 X. Xxxxxxx Xxxx. Xxx Xxxxx, Xxxxxx Switch Communications Group, L.L.C. Table of Contents or any assignee, subtenant subtenant, or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange CommissionTenant, but excluding Tenant’s Customers. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any such lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofProperty. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such Notwithstanding any language to the contrary in this Section 11.03, unless the original Tenant has committed a monetary breach of this Lease, Landlord’s requests for the original Tenant’s financial statement statements shall be executed by Tenant and shall, if only as requested by Landlord’s lender or prospective lender. In addition to the requirement to provide financial statements to Landlord, be certified as provided above, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant agrees to immediately increase the amount of the Security Deposit required under the terms of this Lease to an amount equal to six (6) months Base Rent then payable by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statementsLandlord.

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord to verify requires, verifying the net worth of Tenant, Tenant or any assignee, subtenant subtenant, or guarantor of Tenant provided that Tenant shall not be required to provide any information that would constitute a violation of the rules and regulations of the Securities Exchange CommissionTenant. In addition, Tenant shall deliver to any lender or proposed purchaser of the Premises, Project, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared in accordance with GAAP required by any such lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofProperty. Tenant represents and warrants to Landlord that (a) each such financial statement is a true and accurate statement as of the date of such statement; and (b) at all times after the date of any such statement during the Lease Term or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such Notwithstanding any language to the contrary in this Section 11.03, unless the original Tenant has committed a monetary breach of this Lease, Landlord’s requests for the original Tenant’s financial statement statements shall be executed by Tenant and shall, if only as requested by Landlord’s lender or prospective lender. In addition to the requirement to provide financial statements to Landlord, be certified as provided above, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant agrees to immediately increase the amount of the Security Deposit required under the terms of this Lease to an amount equal to six (6) months Base Rent then payable by Tenant to be true and correct. Notwithstanding the foregoing, if Tenant is a publicly traded company. Tenant may provide Landlord with copies of Tenant's latest 10-Q and 10-K filings with the Securities Exchange Commission in lieu of the above referenced financial statementsLandlord.

TENANT'S FINANCIAL CONDITION. Prior to the Effective Date, and within fifteen Within twenty (1520) business days after written request from Landlord (so long as Landlord has a reasonable basis for requesting such information based upon Tenant's financial condition) and not more than one (1) time per twelve month periodLandlord, Tenant shall deliver to Landlord such financial statements prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") statements, as are Landlord reasonably required by Landlord requires, to verify the net worth of Tenant or any assignee or subtenant of Tenant, or any assigneebut excluding Tenant’s Customers; provided, subtenant or guarantor of Tenant provided however, that Tenant shall not be required with respect to provide any information that would constitute a violation the financial condition of the rules and regulations original Tenant identified in Section 1.03 of the Securities Exchange Commission. In additionthis Lease, such Tenant shall is only obligated to deliver to any lender or proposed purchaser of the PremisesLandlord a written statement, Projectsigned by Tenant’s Chief Financial Officer, Land and/or Expansion Land or any portion thereof designated by Landlord any financial statements prepared certifying that Tenant’s tangible net worth is not less than One Hundred Million Dollars ($100,000,000.00), in accordance with GAAP required by any lender or purchaser to facilitate the sale, financing or refinancing of the Premises or Project or any portion thereofConstant Dollars (“Tenant’s Financial Certificate”). Tenant represents and warrants to Landlord that (a) each such financial statement is a Tenant’s Financial Certificate shall be true and accurate statement as of the date of such statement; . All of Tenant’s Financial Certificates and (b) at all times after the date of such financial statements pertaining to any such statement during the Lease Term successor Tenant or any extension thereof, Tenant's net worth, as stated therein, shall not be reduced. All financial statements assignee or subtenant shall be confidential and shall be used only for the purposes set forth hereinin this Lease. Each such financial statement shall be executed As used in this Lease, “tangible net worth” means the sum of all of Tenant’s assets, less liabilities and intangible assets, as determined by Tenant and shall, if requested by Landlord, be certified by Tenant to be true and correctthe use of generally accepted accounting principles. Notwithstanding any language to the foregoingcontrary in this Section 11.03, if the original Tenant is a publicly traded company. Tenant may identified in Section 1.03 of this Lease need not provide Landlord with copies of Tenant's latest 10-Q and 10-K any financial information concerning itself if current financial information respecting such Tenant is readily available to the public through filings made with the U.S. Securities and Exchange Commission Commission. In addition to the requirements set forth above in lieu this Section 11.03, Tenant also agrees to provide Landlord, as and when required by Tenant’s lender, with a copy of any certificate attesting to Tenant’s non-compliance with any financial covenants required of Tenant by Tenant’s lender. Tenant shall also immediately provide Landlord with a copy of any written or electronic notice of default received from Tenant’s lender. In the event that any such certificate indicates that Tenant is in breach of any of such financial covenants, Tenant shall immediately deposit with Landlord the full amount of the above referenced financial statements.Springing Security Deposit (if not already delivered to Landlord). Tenant shall deliver to Landlord on or before the Effective Date a Tenant’s Financial Certificate. If Tenant fails to so deliver Tenant’s Financial Certificate, this Fifth Amendment shall be null and void and without further force or effect. Table of Contents