Providing Financial Information. Borrower shall furnish to Agent such financial information concerning Borrower and Guarantor, and Borrower’s and Guarantor’s other assets and investments, as Agent may reasonably request, and shall furnish to Agent, at Borrower’s sole cost and expense the following:
Providing Financial Information. Beginning with the quarter ending December 31, 2013, Borrowers shall furnish to Agent (a) evidence of payment of real estate taxes assessed against each Property on or before each due date thereof during the term of the Loan, (b) annual unaudited financial statements for each Borrower and Guarantor within one hundred twenty (120) days of each fiscal year end, including balance sheets, income statements, a statement of cash flow and supporting schedules reasonably requested by Agent, (c) quarterly unaudited financial statements for each Borrower and Guarantor, within forty-five (45) days of each calendar quarter end (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including balance sheets and income statements, and at Agent's request, a statement of funds available for distribution and a supplementary real estate schedule (including, when applicable, covenant compliance certificates from Guarantor in form and substance satisfactory to Agent with respect to Guarantor's financial covenants set forth in the Guaranty), (d) to the extent there is a balance outstanding under the Loan during such period, a quarterly certification statement and Availability Amount calculation within forty-five (45) days of each calendar quarter end, (except for the fiscal quarters ending December 31, for which such statements shall be delivered within one hundred twenty (120) days of each December 31), including the Borrowing Base Amount calculation, in form and substance satisfactory to Agent, and (e) such additional information as Agent shall reasonably request (not more than once per month) regarding any Borrower, Guarantor and any Property, within thirty (30) days (or such reasonably necessary time period as may be required by Borrower or Guarantor) after Agent's written request therefor. All such financial statements shall be in reasonable detail, shall be prepared in accordance with GAAP, and shall be certified by the party to which they apply as true, correct and complete. Notwithstanding the foregoing provisions of this Section 5.4 which permit the Guarantor to provide unaudited financial statements, in the event that KBS Real Estate Investment Trust, Inc. shall no longer provide audited consolidated financial statements to the Securities and Exchange Commission, which include the results of operations of Guarantor, the annual financial statements of Guarantor to be de...
Providing Financial Information. Borrower shall furnish to the Lender at the times set forth below the following financial statements, reports and certificates:
Providing Financial Information. Borrower shall furnish such financial information concerning Borrower and the Property as Lender may reasonably request, and shall furnish to Lender (a) quarterly financial statements for Borrower within forty-five (45) days following the end of each fiscal quarter thereof, (b) quarterly written reports, within forty-five (45) days following the end of each fiscal quarter, setting forth any new direct indebtedness, obligations or liabilities incurred by Borrower (which shall include contingent liabilities and guaranties) since the date hereof (or the date of the last such written report after the first such written report is so provided), and (c) if required by Lender, copies of all federal income tax returns (with all supporting schedules) of Borrower due during the term of the Loan within fifteen (15) days after the deadline (as such deadline may be extended) for filing the same. All such financial statements shall be in reasonable detail, shall be prepared for partnerships, corporations and limited liability companies in accordance with generally accepted accounting principles consistently applied and for individuals in accordance with accounting principles consistently applied, shall be certified by the party to which they apply as true, correct and complete.
Providing Financial Information. The Borrower shall furnish or cause to be furnished such financial information concerning the Borrower, any Affiliate, any Guarantor, and the Project as the Lender may reasonably request, and shall furnish to the Lender: (a) a current operating statement for the Borrower and annual financial statement (including a balance sheet and a statement of any contingent liabilities) for the Borrower and any Guarantor within one hundred twenty (120) days following the end of each for calendar year; (b) copies of the federal income tax returns (with all supporting schedules) of Borrower and any Guarantor due during the term of the Loan within fifteen (15) days after the deadline for filing the same; and (c) annual cash flow statements covering all of the Borrower’s properties, including but not limited to the Project, within one hundred twenty (120) days following the end of each fiscal year of the Borrower. All such financial statements shall be in reasonable detail, shall be prepared in accordance with accounting principles consistently applied, shall be certified by the party to which they apply as true, correct and complete. Borrower expressly grants Lender the right to communicate directly with the Borrower’s accountants and hereby authorizes such accountants to communicate directly with Lender.
Providing Financial Information. The Home’s Admission Application requests the Resident’s financial information such as monthly income, assets, and the disclosure of any asset transfers within the past five years. The Resident and/or Representative certifies that all pertinent information and transfers have been fully, accurately, and honestly disclosed on the Application. Failure to disclose complete and accurate information or the failure to provide additional information as requested or information about subsequent asset transfers may result in termination of this agreement, discharge of the Resident, and potential legal action.
Providing Financial Information. Borrower shall furnish such financial information concerning Borrower and the Project as any Lender, the Administrative Bank or the Collateral Agent may request, and shall furnish to Lenders and the Administrative Bank:
Providing Financial Information. Borrower shall furnish such financial information concerning Borrower, any Guarantor and the Property as Agent may reasonably request, and shall furnish to Agent (a) evidence of payment of real estate taxes assessed against the Property on or before each due date thereof during the term of the Loans, (b) quarterly financial statements, including balance sheets and statements of income, retained earnings and cash flow, within forty-five (45) days of the end of each fiscal quarter and (c) annual audited consolidated financial statements within ninety (90) days of the end of each fiscal year of Borrower, including balance sheets, statements of income, retained earnings and cash flow and supporting schedules reasonably requested by Agent, with an unqualified opinion from a recognized independent accounting firm reasonably acceptable to Agent. All such financial statements shall be in reasonable detail, shall be prepared in accordance with GAAP and shall be certified by the party to which they apply as true, correct and complete in all material respects. Concurrently with delivery of the quarterly and annual financial statements required above, Borrower shall deliver to Agent a certificate substantially in the form of Exhibit I attached hereto (the “Compliance Certificate”), executed by an authorized financial officer of Borrower setting forth (i) the information and computations (in sufficient detail) to establish compliance with all financial covenants at the end of the period covered by the financial statements then being delivered to the Bank, and (ii) whether there existed as of the date of such financial statements and whether there exists as of the date of the certificate, any default under this Agreement applicable to the party and, if any such default exists, specifying the nature thereof and the action the party is taking and proposes to take with respect thereto.
Providing Financial Information. Borrower shall furnish such financial information concerning Borrower, Guarantor and the Project as Lender may request, and shall furnish to Lender (a) quarterly financial statements (including a balance sheet, income statement and change in financial condition statement) for Borrower and Guarantor (consolidated), if prepared in the ordinary course of its business, within forty-five (45) days following the end of each fiscal quarter thereof, (b) current annual financial statements (including a balance sheet, income statement and change in financial condition statement) for Borrower and Guarantor (consolidated) within ninety (90) days following the end of each fiscal year thereof, (c) copies of the filed federal income tax returns (with all supporting schedules) of Borrower and Guarantor due during the term of the Loan within fifteen (15) days after receipt of a written request therefor from Lender, and (d) upon receipt of a written request therefor from Lender, quarterly written reports (i) setting forth any new direct indebtedness, obligations or liabilities incurred by Borrower since the date hereof (or the date of the last such written report after the first such written report is so provided) ("Report Date"), and (ii) confirming that the Exhibit to the Sworn Statement and Agreement Concerning Guarantees, Contingent Liabilities and Financial Statements of even date herewith, executed by Borrower and Guarantor to Lender, which lists Borrower's Guarantees and Contingent Liabilities, as that term is defined in said Sworn Statement, remains a true, correct, complete and fully representative list of Borrower's Guarantees and Contingent Liabilities, or amending said Exhibit to reflect any additions to, subtractions from or changes in such Guarantees and Contingent Liabilities since the last Report Date, so long as any portion of the indebtedness evidenced by the Note is unpaid. All such financial statements shall be in reasonable detail, shall be prepared for partnerships and corporations in accordance with GAAP and for individuals in accordance with accounting principles consistently applied, shall be certified by the party to which they apply as true, correct and complete, and, with respect to annual statements of partnerships and corporations, shall be audited by a certified public accountant of recognized standing acceptable to Lender. With respect to Guarantor's financial statements, copies of Form 10-Q (covering each fiscal quarter of Guarantor) filed b...
Providing Financial Information. Borrower shall furnish such financial information concerning Borrower, any Guarantor and the Project as Lender may request, and shall furnish to Lender (a) quarterly financial statements Guarantor, if prepared in the ordinary course of its business, within forty-five (45) days following the end of each fiscal quarter thereof, (b) current annual financial statements for Borrower and Guarantor within ninety (90) days following the end of each of Borrower’s Fiscal Year, and Guarantors’ Fiscal Year, as applicable, (c) if required by Lender written reports, setting forth any new direct indebtedness, obligations or liabilities incurred by Borrower (which shall include contingent liabilities and guaranties) and any Guarantor since the date hereof (or the date of the last such written report after the first such written report is so provided)], and (d) if required by Lender, copies of all federal income tax returns (with all supporting schedules) of Borrower due during the term of the Loan within fifteen (15) days after the deadline for filing the same, and rent rolls and operating statements for the Project. All such financial statements shall be in reasonable detail, shall be prepared for partnerships, corporations and limited liability companies in accordance with generally accepted accounting principles consistently applied and for individuals in accordance with accounting principles consistently applied, shall be certified by the party to which they apply as true, correct and complete, and with respect to annual statements of partnerships, corporations and limited liability companies, shall be certified by a certified public accountant of recognized standing acceptable to Lender.
