Common use of Financial and Other Data Clause in Contracts

Financial and Other Data. (a) During any Lease Term, Lessee shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide lessor, within 120 days after the close of each fiscal year, and. upon Lessor’s request, within 45 days of the end of each quarter of Lessee’s fiscal year, a copy of financial statements for Lessee requested by Lessor, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of lessee; provided, however, that for so long as Lessee is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lessor all other financial information and reports and such other information as Lessor may reasonably request concerning lessee, its affairs, or the Equipment or its condition, location, use or operation. (b) lessee represents and warrants that all information and financial statements at any time furnished by or on behalf of Lessee are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of lessee or such other entity they purport to cover. Credit and other information regarding Lessee, its Affiliates, any Lease or Equipment may be disclosed by lessor to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Lease Equipment Note Term, Lessee Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide lessorLender, within 120 days after the close of each fiscal year, and. , upon LessorLender’s request, within 45 days of the end of each quarter of LesseeBorrower’s fiscal year, a copy of financial statements for Lessee Borrower requested by LessorLender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of lesseeBorrower, as applicable; provided, however, that for so long as Lessee Borrower is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lessor Lender all other financial information and reports and such other information as Lessor Lender may reasonably request concerning lessee, Borrower or its respective affairs, or the Equipment or its condition, location, use or operation. (b) lessee Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Lessee Borrower are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of lessee or such other entity they purport to coverBorrower. Credit and other information regarding Lessee, its AffiliatesBorrower, any Lease Equipment Note or Equipment may be disclosed by lessor Lender to its Affiliates, agents and potential Assignees, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.

Financial and Other Data. (a) During any Lease Equipment Note Term, Lessee Borrower shall (i) maintain books and records in accordance with generally accepted accounting principles consistently applied (“GAAP”) and prudent business practice; (ii) promptly provide lessorAgent and Lender, within 120 days after the close of each fiscal year, and. , upon LessorLender’s request, within 45 days of the end of each quarter of LesseeBorrower’s fiscal year, a copy of financial statements for Lessee Borrower requested by LessorLender, in each case prepared in accordance with GAAP and (in the case of annual statements) audited by independent certified public accountants and (in the case of quarterly statements) certified by the chief financial officer of lesseeBorrower; provided, however, that for so long as Lessee Borrower is legally and timely filing annual and quarterly financial reports on Forms 10-K and 10-Q with the Securities and Exchange Commission which are readily available to the public, the filing of such reports shall satisfy the foregoing financial statement reporting requirements for such entity; and (iii) furnish Lessor Agent and Lender all other financial information and reports and such other information as Lessor Lender may reasonably request concerning lessee, Borrower and its affairs, or the Equipment Collateral or its condition, location, use or operation. (b) lessee Borrower represents and warrants that all information and financial statements at any time furnished by or on behalf of Lessee Borrower are accurate and reasonably reflect as of their respective dates, results of operations and the financial condition of lessee Borrower or such other entity they purport to cover. Credit and other information regarding Lessee, Borrower or its Affiliates, any Lease Equipment Note or Equipment Collateral may be disclosed by lessor Agent or Lender to its Lender’s Affiliates, agents agents, potential Assignees and potential Assigneesparticipants, if any, notwithstanding anything contained in any agreement that may purport to limit or prohibit such disclosure.