Common use of TENANT'S FINANCIAL INFORMATION Clause in Contracts

TENANT'S FINANCIAL INFORMATION. Tenant shall, within ten business days after Landlord’s request therefor, deliver to Landlord a copy of Tenant’s (and any guarantor’s) current financial statements (including a balance sheet, income statement and statement of cash flow, all prepared in accordance with generally accepted accounting principles), a list of all of Tenant’s creditors with current contact information, and any such other information reasonably requested by Landlord regarding Tenant’s financial condition, provided, Tenant shall be permitted to provide such financial information in a manner which Tenant deems reasonably necessary to protect the confidentiality of such information. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender or purchaser of the Building, the Property, or any portion thereof or interest therein, provided that such prospective lenders and/or purchasers are not then engaged in businesses directly competitive with the business then being conducted by Tenant. Any such financial statement or other information which is marked “confidential” or “company secrets” (or is otherwise similarly marked by Tenant) shall be confidential and shall not be disclosed by Landlord to any third party except as specifically provided in this paragraph, unless the same becomes a part of the public domain without the fault of Landlord. Notwithstanding any other provisions of this Section 13.7, during any period in which Tenant has outstanding “a class of publicly traded securities and is filing with the Securities and Exchange Commission, on a regular basis, Forms 10Q and 10K and any other periodic filings required under the Securities Exchange Act of 1934, as amended, it shall constitute sufficient compliance under this Section 13.7 for Tenant to furnish Landlord with copies of such periodic filings substantially concurrently with the filing thereof with the Securities and Exchange Commission. Landlord and Tenant recognize the need of Tenant to maintain the confidentiality of information regarding its financial status and the need of Landlord to be informed of, and to provide to prospective lenders and purchasers of the Building or Property financial information pertaining to, Tenant’s financial status. Landlord and Tenant agree to cooperate with each other in achieving these needs within the context of the obligations set forth in this Section.

TENANT'S FINANCIAL INFORMATION. Tenant shall, within ten business (10) days after Landlord’s written request therefortherefor (but more than one time per year), deliver to Landlord a copy of Tenant’s (and any guarantor’s) current most recent annual audited financial statements (including a balance sheet, income statement and statement of cash flow, all prepared in accordance with generally accepted accounting principles); provided, however, that as long as the common stock of Tenant (or its assigns permitted pursuant to this Lease or otherwise approved by Landlord in writing) is publicly-traded on a list of all United States national stock exchange, and such information is available as part of Tenant’s creditors with current contact informationor such Assignee Affiliate’s 10-K or 10-Q report filings on the SEC’s Xxxxx website, and such materials are current per SEC filing requirements, then such requirement shall be fulfilled by such filings. In addition, Tenant shall, within ten (10) days after Landlord’s written request therefor (but not more than three times in any such other information reasonably requested by calendar year), deliver to Landlord regarding a copy of Tenant’s most recent unaudited financial conditionstatements. Landlord may only request such unaudited financial statements if an Event of Default exists, providedLandlord is marketing the Property for sale, Tenant shall be permitted to provide such financial information or as required by Landlord’s Lender, or in connection with a manner which Tenant deems reasonably necessary to protect the confidentiality of such informationpossible financing or refinancing or investments. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender or purchaser of the Building, the Property, or any portion thereof or interest therein, provided that such prospective lenders and/or purchasers are not then engaged in businesses directly competitive with the business then being conducted by Tenant. Any such financial statement or other information which is marked “confidential” or “company secrets” (or is otherwise similarly marked by Tenant) shall be confidential and shall not be disclosed by Landlord to any third party except as specifically provided in this paragraph, unless the same becomes a part of the public domain without the fault of Landlord. Notwithstanding , and Landlord shall inform any other provisions recipient of this Section 13.7, during any period in which Tenant has outstanding “a class of publicly traded securities and is filing with the Securities and Exchange Commission, on a regular basis, Forms 10Q and 10K and any other periodic filings required under the Securities Exchange Act of 1934, as amended, it shall constitute sufficient compliance under this Section 13.7 for Tenant to furnish Landlord with copies confidential nature of such periodic filings substantially concurrently with the filing thereof with the Securities and Exchange Commission. Landlord and Tenant recognize the need of Tenant to maintain the confidentiality of information regarding its financial status and the need of Landlord to be informed of, and to provide to prospective lenders and purchasers of the Building or Property financial information pertaining to, Tenant’s financial status. Landlord and Tenant agree to cooperate with each other in achieving these needs within the context of the obligations set forth in this Sectionstatements.

TENANT'S FINANCIAL INFORMATION. Subject to the last sentence of this Section 13.7, Tenant shall, within ten fifteen (15) business days after Landlord’s 's written request therefor, deliver to Landlord a copy of Tenant’s 's (and any guarantor’s's, if any) current most recent quarterly and annual financial statements (including a balance sheet, income statement and statement of cash flow, all prepared in accordance with generally accepted accounting principles), a list of all of Tenant’s creditors with current contact information, ) and any such other information reasonably requested by Landlord regarding Tenant’s 's financial condition, ; provided, Tenant shall be permitted to provide however, that Landlord may not request such financial information materials more often than three (3) times in a manner which Tenant deems reasonably necessary to protect any calendar year during the confidentiality of such informationLease Term. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender lender or purchaser of the Building, the Property, Property or any portion thereof or interest therein, provided that such prospective lenders and/or purchasers are not then engaged in businesses directly competitive with the business then being conducted by Tenant. Any such financial statement or other information which is marked “"confidential” " or “"company secrets” " (or is otherwise similarly marked by Tenant) shall be confidential and Landlord shall use reasonable efforts not be disclosed by Landlord to disclose the same to any third party except as specifically provided in this paragraphSection 13.7, unless except to the extent the same becomes a part of the public domain without the fault of LandlordLandlord or such disclosure is required by applicable Law. Notwithstanding If Tenant is a company whose stock is traded on the New York Stock Exchange, the American Stock Exchange, the NASDAQ or any other provisions nationally recognized United States' stock exchange and such exchange requires disclosure of Tenant's financial performance and condition on a quarterly or more frequent basis, then such Tenant shall not be required to deliver financial statements to Landlord as provided above in this Section 13.7, during any period in which Tenant has outstanding “a class of publicly traded securities and is filing with the Securities and Exchange Commission, on a regular basis, Forms 10Q and 10K and any other periodic filings required under the Securities Exchange Act of 1934, as amended, it shall constitute sufficient compliance under this Section 13.7 for Tenant to furnish Landlord with copies of such periodic filings substantially concurrently with the filing thereof with the Securities and Exchange Commission. Landlord and Tenant recognize the need of Tenant to maintain the confidentiality of information regarding its financial status and the need of Landlord to be informed of, and to provide to prospective lenders and purchasers of the Building or Property financial information pertaining to, Tenant’s financial status. Landlord and Tenant agree to cooperate with each other in achieving these needs within the context of the obligations set forth in this Section.

TENANT'S FINANCIAL INFORMATION. Tenant shall, within ten business twenty (20) days after Landlord’s request therefor, deliver to Landlord a copy of Tenant’s (and any guarantor’s) current audited financial statements (including a balance sheet, income statement and statement of cash flow, all prepared in accordance with generally accepted accounting principles), a list of all of Tenant’s creditors with current contact information, and any such other information reasonably requested by Landlord regarding Tenant’s financial condition, ; provided, however, that as long as the common stock of Tenant (or its assigns permitted pursuant to this Lease or otherwise approved by Landlord in writing) is publicly-traded on a United States national stock exchange, and such information is available as part of Tenant’s or such Permitted Transferee’s 10-K or 10-Q report filings on the SEC’s Xxxxx website, and such materials are current per SEC filing requirements, then such requirement shall be fulfilled by such filings. Landlord may make such request and Tenant shall be permitted obligated to provide such financial information comply therewith: (a) once in any twelve (12) month period, or (b) in connection a manner which prospective sale or refinancing of Landlord’s interest in the Ground Lease, or (c) in connection a prospective recapitalization of Landlord, or (d) at any time Tenant deems reasonably necessary to protect the confidentiality of such informationis in monetary or material non-monetary default under this Lease. Landlord shall be entitled to disclose such financial statements or other information to its Lender, to any present or prospective principal of or investor in Landlord, or to any prospective Lender or purchaser of the Building, the Property, or any portion thereof or interest therein, provided that such prospective lenders and/or purchasers are not then engaged in businesses directly competitive with the business then being conducted by Tenant. Any such financial statement or other information which is marked “confidential” or “company secrets” (or is otherwise similarly marked by Tenant) shall be confidential and shall not be disclosed by Landlord to any third party except as specifically provided in this paragraph, unless the same becomes a part of the public domain without the fault of Landlord. Notwithstanding any other provisions of this Section 13.7, during any period in which Tenant has outstanding “a class of publicly traded securities and is filing with the Securities and Exchange Commission, on a regular basis, Forms 10Q and 10K and any other periodic filings required under the Securities Exchange Act of 1934, as amended, it shall constitute sufficient compliance under this Section 13.7 for Tenant to furnish Landlord with copies of such periodic filings substantially concurrently with the filing thereof with the Securities and Exchange Commission. Landlord and Tenant recognize the need of Tenant to maintain the confidentiality of information regarding its financial status and the need of Landlord to be informed of, and to provide to prospective lenders and purchasers of the Building or Property financial information pertaining to, Tenant’s financial status. Landlord and Tenant agree to cooperate with each other in achieving these needs within the context of the obligations set forth in this Section.