Common use of Officers Certificates and Financial Statements Clause in Contracts

Officers Certificates and Financial Statements. (a) At any time and from time to time upon Tenant's receipt of not less than twenty (20) days prior written request by Lessor, Tenant will furnish to Lessor an Officer's Certificate certifying that this Lease is unmodified and is in full force and effect (or that this Lease is in full force and effect as modified and setting forth the modifica tions) and the dates to which the Rent has been paid, that Tenant is not in default in the performance or observance of any of the terms of this Lease and that no event exists which with the giving of notice, lapse of time, or both would constitute an Event of Default, or if an Event of Default exists, specifying in reasonable detail such Event of Default and the steps being taken to remedy the same, and such additional information as Lessor may reasonably request. Any such certificate furnished pursuant to this Section may be relied upon by Lessor and any prospective purchaser or mortgagee of any Leased Property. (b) Tenant will furnish or cause Guarantor to furnish the following financial statements to Lessor: (i) Annual audit of Tenant and its consolidated Subsidiaries; (ii) All facility-specific information reasonably required or requested by any Facility Mortgagee; (iii) Such information regarding the operations at the applicable Facility that is required by a Superior Mortgagee; (iv) Such information as Lessor shall reasonably request following the occurrence of an Event of Default. (v) Such financial and other information as Lessor shall reasonably request during the final year of the Term with respect to any Facility. ARTICLE XXVII --------------

Officers Certificates and Financial Statements. (a) 25.1.1 Officer's Certificate ---------------------- . At any time and from time to time upon TenantLessee's receipt of not less than twenty ten (2010) days days' prior written request by Lessor, Tenant will Lessee shall furnish to Lessor an Officer's Certificate certifying (i) that this Lease is unmodified and is in full force and effect (effect, or that this Lease is in full force and effect as modified and setting forth the modifica tionsmodifications; (ii) and the dates to which the Rent has been paid; (iii) whether or not, to the best knowledge of Lessee, Lessor is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which Lessee may have knowledge; and (iv) responses to such other questions or statements of fact as Lessor, any ground or underlying lessor, any purchaser or any current or prospective Facility Mortgagee shall reasonably request. Lessee's failure to deliver such statement within such time shall constitute an acknowledgement by Lessee that Tenant (x) this Lease is unmodified and in full force and effect except as may be represented to the contrary by Lessor; (y) Lessor is not in default in the performance or observance of any of covenant, agreement or condition contained in this Lease; and (z) the terms of this Lease other matters set forth in such request, if any, are true and that no event exists which with the giving of notice, lapse of time, or both would constitute an Event of Default, or if an Event of Default exists, specifying in reasonable detail such Event of Default and the steps being taken to remedy the same, and such additional information as Lessor may reasonably requestcorrect. Any such certificate furnished pursuant to this Section Article may be relied upon by Lessor and any current or prospective Facility Mortgagee, ground or underlying lessor or purchaser or mortgagee of any the Leased Property. (b) Tenant will furnish or cause Guarantor to furnish the following financial statements to Lessor: (i) Annual audit of Tenant and its consolidated Subsidiaries; (ii) All facility-specific information reasonably required or requested by any Facility Mortgagee; (iii) Such information regarding the operations at the applicable Facility that is required by a Superior Mortgagee; (iv) Such information as Lessor shall reasonably request following the occurrence of an Event of Default. (v) Such financial and other information as Lessor shall reasonably request during the final year of the Term with respect to any Facility. ARTICLE XXVII --------------