Common use of Financial Statements and Other Financial and Operating Information Clause in Contracts

Financial Statements and Other Financial and Operating Information. Borrower shall maintain or cause to be maintained a system of accounting established and administered in accordance with sound business practices and consistent with past practice to permit preparation of quarterly and annual financial statements in conformity with GAAP, and each of the financial statements described below shall be prepared on a consolidated basis for the REIT from such system and records. Borrower shall deliver or cause to be delivered to Agent (with copies sufficient for each Lender): (a) Borrowing Base Property Statements and Operating Results. As soon as practicable, and in any event within twenty (20) days after the end of the each Fiscal Quarter, quarterly operating statements, in a form approved by Agent, which operating statements shall include actual quarterly and year-to-date net operating income and net cash flow results, rent rolls (on Borrower's detailed form of rent roll), cash flow projections, lease status reports and occupancy summaries in the form customarily generated by Borrower for each Borrowing Base Property dated as of the last day of such Fiscal Quarter (the " Quarterly Borrowing Base Property Statements"), in form and substance satisfactory to Agent, certified by the REIT's chief financial officer or chief accounting officer. In addition, as soon as practicable, and in any event within twenty (20) days after the end of the fourth Fiscal Quarter, a year-end operating statement, in a form approved by Agent, which operating statement shall include actual year-to-date net operating income and net cash flow results for each Borrowing Base Property dated as of the last day of such Fiscal Quarter (collectively with the Quarterly Borrowing Base Property Statements, the "Borrowing Base Property Statements"). (b) Quarterly Financial Statements Certified by CFO. As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter, consolidated and consolidating balance sheets, statements of operations and statements of cash flow for the REIT ("Financial Statements"), which may, in the case of the first three Fiscal Quarters, be in the form provided to the Commission on the REIT's Form 10Q, and certified by the REIT's chief financial officer or chief accounting officer. In addition, as soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter, balance sheets, statements of operations and statements of cash flow for each of the Associated Companies and any Affiliate of Borrower from time to time specified by Agent.

Financial Statements and Other Financial and Operating Information. The Borrower and the REIT shall maintain or cause to be maintained a system of accounting established and administered in accordance with sound business practices and consistent with past practice to permit preparation of quarterly and annual financial statements in conformity with GAAP, and each of the financial statements described below shall be prepared on a consolidated basis for the REIT Borrower from such system and records. The Borrower shall deliver or cause to be delivered to the Administrative Agent (with copies sufficient for and each Lender):Bank: (a) Borrowing Base Property Statements and Operating Results. As soon as practicable, and in any event within twenty (20) days after the end of the each Fiscal Quarter, quarterly operating statements, in a form approved by Agent, which operating statements shall include actual quarterly and year-to-date net operating income and net cash flow results, rent rolls (on Borrower's detailed form of rent roll), cash flow projections, lease status reports and occupancy summaries in the form customarily generated by Borrower for each Borrowing Base Property dated as of the last day of such Fiscal Quarter (the " Quarterly Borrowing Base Property Statements"), in form and substance satisfactory to Agent, certified by the REIT's chief financial officer or chief accounting officer. In addition, as soon as practicable, and in any event within twenty (20) days after the end of the fourth Fiscal Quarter, a year-end operating statement, in a form approved by Agent, which operating statement shall include actual year-to-date net operating income and net cash flow results for each Borrowing Base Property dated as of the last day of such Fiscal Quarter (collectively with the Quarterly Borrowing Base Property Statements, the "Borrowing Base Property Statements"). (b) Quarterly Financial Statements of Borrower Certified by CFO. As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter, consolidated and consolidating balance sheets, sheets as at the end of such Fiscal Quarter and the related statements of operations and statements of cash flow for the REIT Borrower (collectively, the "Borrower Financial Statements"), which may, in ) for such Fiscal Quarter and for the case of the first three Fiscal Quarters, be in the form provided year to the Commission end of that quarterly period, prepared on an unaudited comparative basis with the REIT's Form 10Qcomparable period during the prior year and in accordance with GAAP, all in reasonable detail and unaudited but certified by the REITBorrower's chief financial officer or chief accounting officer. (b) Quarterly Financial Statements of REIT Certified by CFO. In addition, as As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter, consolidated and consolidating balance sheets, sheets as at the end of such Fiscal Quarter and the related statements of operations and statements of cash flow for each the REIT (collectively, the "REIT Financial Statements") for such Fiscal Quarter and for the year to the end of that quarterly period, prepared on an unaudited comparative basis with the Associated Companies comparable period during the prior year and any Affiliate of Borrower from time to time specified in accordance with GAAP, all in reasonable detail and unaudited but certified by Agentthe REIT's chief financial officer or chief accounting officer.