Common use of Monthly and Quarterly Financial Statements Clause in Contracts

Monthly and Quarterly Financial Statements. (i) During the period from the Closing Date to December 31, 2013, as soon as practical, but in any event no later than thirty (30) days after the end of each calendar month, and from and after January 1, 2014, within forty five (45) days after the end of each Calendar Quarter (other than the Calendar Quarter ending December 31st of any year other than with respect to the items described in clauses (A) and (E)), Loan Parties shall deliver (or shall cause Property Manager to deliver) to Agent: (A) a leasing report (which shall be delivered monthly for the first twelve (12) months of the Term and quarterly thereafter), and a rent roll containing the names of all Lessees, the term and expiration date of their respective Leases, the space occupied, the rents payable and the Security Deposits, if any, thereunder, and the name of any Lease guarantor thereof; (B) the balance sheet of Loan Parties prepared in accordance with Applicable Accounting Standards and certified by Loan Parties as being true, correct and complete in all material respects and fairly presenting the financial position of Loan Parties as of the date of such statement; (C) statement of operations (income and expenses); (D) statement of cash flow; and (E) a comparison of the balance sheet and statement of operations to the applicable month or Calendar Quarter, as applicable, of the then previous year. Each of the foregoing items shall be certified by Loan Parties as being true, correct and complete in all material respects and the items described in clauses (B), (C) and (D) shall be prepared in accordance with Applicable Accounting Standards.

Appears in 1 contract

Sources: Loan Agreement (Sunstone Hotel Investors, Inc.)

Monthly and Quarterly Financial Statements. (A)(x) With respect to the fiscal quarter ending March 31, 2020, on or before June 30, 2020, and (y) Within forty-five (45) days after the end of each of each other fiscal quarter of each fiscal year of Parent, a consolidated balance sheet of Parent and its Subsidiaries as at the end of such fiscal quarter, and the related (i) During consolidated statement of comprehensive income for such fiscal quarter and for the period from portion of the Closing Date fiscal year then ended and (ii) consolidated statement of cash flows for the portion of the fiscal year then ended, setting forth, in each case of the preceding clauses (i) and (ii), in comparative form the figures for the corresponding fiscal quarter of the previous fiscal year and the corresponding portion of the previous fiscal year, accompanied by an officer’s certificate of Parent stating that such financial statements fairly present in all material respects the financial condition, results of operations and cash flows of Parent and its Subsidiaries in accordance with GAAP, subject to December 31normal year-end adjustments and the absence of footnotes, 2013, as soon as practical, but in any event no later than (B) within thirty (30) days after the end of each calendar month, and from and after January 1, 2014, within forty five (45) days after the end month of each Calendar Quarter (other than the Calendar Quarter ending December 31st fiscal year of any year other than with respect to the items described in clauses (A) Parent, unaudited financial statements of Parent and (E)), Loan Parties shall deliver (or shall cause Property Manager to deliver) to Agent: (A) a leasing report (which shall be delivered monthly for the first twelve (12) months of the Term and quarterly thereafter), and a rent roll containing the names of all Lessees, the term and expiration date of their respective Leases, the space occupied, the rents payable and the Security Deposits, if any, thereunder, and the name of any Lease guarantor thereof; (B) the balance sheet of Loan Parties its Subsidiaries prepared in accordance with Applicable Accounting Standards GAAP and certified including a line-item reconciliation between net income and management-adjusted EBITDA; provided, that if such calendar month is the last month of any fiscal quarter, such unaudited financial statements may be delivered concurrently with the quarterly financial statements delivered pursuant to clause (A) above, and (C) no later than the last Business Day of each calendar week, a report calculating the components of Liquidity and the then-outstanding principal balances of any outstanding Debt (broken down by Loan Parties tranche, as being true, correct and complete in all material respects and fairly presenting the financial position of Loan Parties applicable) as of the date of such statement; (C) statement of operations (income and expenses); (D) statement of cash flow; and (E) a comparison last Business Day of the balance sheet and statement of operations to the applicable month or Calendar Quarter, as applicable, of the then previous yearcalendar week. Each of the foregoing items shall be certified by Loan Parties as being true, correct and complete in all material respects and the items described in clauses (B), (C) and (D) shall be prepared in accordance with Applicable Accounting Standards.

Appears in 1 contract

Sources: Loan and Security Agreement (Exela Technologies, Inc.)