Common use of Guarantor Financial Statements Clause in Contracts

Guarantor Financial Statements. The Borrower shall furnish, or cause to be furnished, to the Bank or its authorized representatives such information regarding the business affairs, operations and financial condition of the Guarantor, including: (a) promptly when available, and in any event, within one hundred twenty (120) days after the close of each of its fiscal years, a copy of the annual audited financial statements of the Guarantor, including balance sheet, statement of income and retained earnings, statement of cash flows for the fiscal year then ended and such other information (including nonfinancial information) as the Bank may reasonably request, in reasonable detail, prepared and certified without adverse reference to going concern value and without qualification by an independent auditor of recognized standing, selected by the Guarantor and reasonably acceptable to the Bank / as accurate by the Borrower’s treasurer or chief financial officer; and (b) promptly when available, and in any event, within forty five (45) days following the end of each fiscal quarter, a copy of the financial statements of the Guarantor regarding such fiscal quarter, including balance sheet, statement of income and retained earnings, statement of cash flows for the fiscal quarter then ended and such other information (including nonfinancial information) as the Bank may request, in reasonable detail, prepared and certified as true and correct by the Guarantor’s treasurer or chief financial officer. Notwithstanding the above, the Guarantor shall be deemed to have satisfied, in full, the terms of this Section 8.9 by delivering to the Bank the annual and quarterly financial statements in compliance with Sections 11.2.1 and 11.2.2 of the 2006 Amended and Restated Credit Agreement dated May 18, 2006 with Guarantor as the borrower and Bank as a syndication party so long as the Bank remains a syndication party thereunder. Delivery of the Guarantor’s Form 10-K and 10-Q as prepared and filed in accordance with the requirements of the Securities Exchange Commission shall be deemed to satisfy the requirements hereunder.

Guarantor Financial Statements. The Borrower shall furnish, or cause to be furnished, to the Bank or its authorized representatives such information regarding the business affairs, operations and financial condition of the Guarantor, including, but not limited to: (a) promptly when available, and in any event, within one hundred twenty (120) days after the close of each of its fiscal years, a copy of the annual audited financial statements of the Guarantor, including balance sheet, statement of income and retained earnings, statement of cash flows for the fiscal year then ended (and the financial statements included in the Guarantor’s 10-K filings with the Securities and Exchange Commission for the applicable fiscal year shall be satisfactory for the purposes herein so long as the Guarantor remains a Reporting Company provided that the same are delivered to the Bank at the times required above) and such other information (including nonfinancial information) as the Bank may reasonably request, in reasonable detail, prepared and certified without adverse reference to going concern value and without qualification by an independent auditor of recognized standing, selected by the Guarantor and reasonably acceptable to the Bank / as accurate and certified as true and correct by the Borrower’s treasurer or treasurer, chief financial officer, president or vice president – finance of the general partner of the Guarantor; and (b) promptly when available, and in any event, within forty five (45) days following the end of each fiscal quarter, a copy of the financial statements of the Guarantor regarding such fiscal quarter, including balance sheet, statement of income and retained earnings, statement of cash flows for the fiscal quarter then ended (and the financial statements included in the Guarantor’s 10-Q filings with the Securities and Exchange Commission for the applicable fiscal quarter shall be satisfactory for the purposes provided herein so long as the Guarantor remains a Reporting Company provided that the same are delivered to the Bank at the times required above) and such other information (including nonfinancial information) as the Bank may reasonably request, in reasonable detail, prepared and certified as true and correct by the Guarantor’s treasurer or treasurer, chief financial officer, president or vice president – finance of the general partner of the Guarantor. Notwithstanding The Borrower represents and warrants to the above, Bank that (i) the Guarantor shall at all times maintain accurate and adequate books and records, on the accrual basis of accounting and in all respects in accordance with GAAP, (ii) no change with respect to such accounting principles shall be deemed made by the Guarantor without giving prior notification to have satisfiedthe Bank, in full, (iii) the terms financial statements of this Section 8.9 by delivering the Guarantor delivered to the Bank at or prior to the annual execution and quarterly delivery of this Agreement and to be delivered at all times thereafter accurately reflect and will fairly and accurately reflect the financial statements in compliance with Sections 11.2.1 and 11.2.2 condition of the 2006 Amended Guarantor in all material respects, (iv) the Bank shall have the right at all times during business hours to inspect the books and Restated Credit Agreement dated May 18, 2006 with records of the Guarantor as and make extracts therefrom (and the borrower and Bank as a syndication party agrees to provide reasonable prior notice of any such inspection so long as no Event of Default or Unmatured Event of Default then exists), and (v) the Borrower agrees to advise the Bank remains a syndication party thereunder. Delivery immediately of any material adverse change in the financial condition, the operations or any other status of the Guarantor’s Form 10-K and 10-Q as prepared and filed in accordance with the requirements of the Securities Exchange Commission shall be deemed to satisfy the requirements hereunder.

Guarantor Financial Statements. The Borrower shall furnish, or cause to be furnished, to the Bank or its authorized representatives such information regarding the business affairs, operations and financial condition of the each Guarantor, if any, including, but not limited to: (a) promptly when available, and in any event, within one hundred twenty (120) days after the close of each of its fiscal years, a copy of the annual audited financial statements of the such Guarantor, including balance sheet, statement of income and retained earnings, statement of cash flows for the fiscal year then ended (and the financial statements included in such Guarantor’s 10-K filings with the Securities and Exchange Commission for the applicable fiscal year shall be satisfactory for the purposes herein so long as such Guarantor remains a Reporting Company provided that the same are delivered to the Bank at the times required above) and such other information (including nonfinancial information) as the Bank may reasonably request, in reasonable detail, prepared and certified without adverse reference to going concern value and without qualification by an independent auditor of recognized standing, selected by the such Guarantor and reasonably acceptable to the Bank / as accurate and certified as true and correct by the Borrower’s treasurer or treasurer, chief financial officer, president or vice president - finance of such Guarantor or the general partner or member of such Guarantor or some other officer acceptable to the Bank; and (b) promptly when available, and in any event, within forty five sixty (4560) days following the end of each fiscal quarter, a copy of the financial statements of the each Guarantor regarding such fiscal quarter, including balance sheet, statement of income and retained earnings, statement of cash flows for the fiscal quarter then ended (and the financial statements included in such Guarantor’s 10-Q filings with the Securities and Exchange Commission for the applicable fiscal quarter shall be satisfactory for the purposes provided herein so long as such Guarantor remains a Reporting Company provided that the same are delivered to the Bank at the times required above) and such other information (including nonfinancial information) as the Bank may reasonably request, in reasonable detail, prepared and certified as true and correct by the Guarantor’s treasurer or treasurer, chief financial officer, president or vice president - finance of such Guarantor or the general partner or member of such Guarantor or some other officer acceptable to the Bank. Notwithstanding the above, the Guarantor shall be deemed to have satisfied, in full, the terms of this Section 8.9 by delivering The Borrower represents and warrants to the Bank that (i) each Guarantor shall at all times maintain accurate and adequate books and records, on the annual accrual basis of accounting and quarterly in all respects in accordance with GAAP, (ii) no change with respect to such accounting principles shall be made by each Guarantor without giving prior notification to the Bank, (iii) the financial statements of each Guarantor delivered to the Bank at or prior to the execution and delivery of this Agreement and to be delivered at all times thereafter accurately reflect and will fairly and accurately reflect the financial condition of each Guarantor in compliance with Sections 11.2.1 all material respects, (iv) the Bank shall have the right at all times during business hours to inspect the books and 11.2.2 records of each Guarantor and make extracts therefrom (and the 2006 Amended Bank agrees to provide reasonable prior notice to the Borrower and Restated Credit Agreement dated May 18, 2006 with such Guarantor as the borrower and Bank as a syndication party of any such inspection so long as no Event of Default or Unmatured Event of Default then exists), and (v) the Borrower agrees to advise the Bank remains a syndication party thereunder. Delivery immediately of any material adverse change in the financial condition, the operations or any other status of any Guarantor’s Form 10-K and 10-Q as prepared and filed in accordance with the requirements of the Securities Exchange Commission shall be deemed to satisfy the requirements hereunder.