Records and Financial Statements of Borrower. The Borrower shall deliver to the Trustee and, to the extent requested in writing, to the Authority, the following: (a) As soon as available, but in no event more than one-hundred and twenty (120) days after the end of each fiscal year, copies of the Borrower's statements of operation for such fiscal year, financial statements of cash flows for such fiscal year, all prepared in accordance with generally accepted accounting principles applicable to the Borrower, and setting forth in each case in comparative form the figures for the previous fiscal year. All financial statements shall be certified by independent certified public accountants of national standing, showing the financial condition of the Borrower at the close of such fiscal year and the results of Project operations during such fiscal year; (b) Simultaneously with the delivery of each set of financial statements referred to in clause (a) above, a certificate of an Authorized Borrower Representative stating whether there exists on the date of such certificate any circumstance known to the Borrower that, with the passage of time or the giving of notice constitutes or would constitute an Event of Default and, if any circumstance known to the Borrower that, with the passage of time or the giving of notice constitutes or would constitute an Event of Default exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto (this certificate shall always be delivered to the Authority); (c) Simultaneously with the delivery of each set of financial statements referred to in clause (a) above, a statement (for so long as such statements are routinely provided by the independent public accountant certifying the financial statements in Section 5.4(a) to its clients) of the firm of independent public accountants which reported on such statements advising that nothing has come to their attention to cause them to believe that there existed on the date of such statements any Event of Default; provided, that failure to obtain and deliver such a certificate shall not be a default under Article VI; (d) Forthwith upon the occurrence of any circumstance known to the Borrower that, with the passage of time or the giving of notice, constitutes or would constitute an Event of Default, a certificate of an Authorized Borrower Representative setting forth the details thereof and the action which the Borrower is taking or proposes with respect thereto; provided that a cure of any occurrence for which notice pursuant to this clause should be given will cure any failure of the notice provisions of this clause; (e) From time to time, such additional information regarding the financial position or business operations of the Borrower, as the Trustee or the Authority may reasonably request; and (f) At the same time as the financial statements are delivered pursuant to clause (a) above, a certificate of an Authorized Borrower Representative stating that all routine and major maintenance to the Project has been performed.
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Records and Financial Statements of Borrower. The Borrower shall deliver to the Trustee and, to the extent requested in writing, to the Authority, the following:
(a) As The Borrower covenants and agrees at all times to keep, or cause to be kept, proper books of record and account, prepared in accordance with generally accepted accounting principles, in which complete and accurate entries shall be made of all transactions of or in relation to the business, properties and operations of the Borrower relating to the Project. Such books of record and account shall be available for inspection by the Issuer or the Trustee during normal business hours and under reasonable circumstances.
(b) The Borrower agrees to furnish to the Issuer and the Trustee as soon as available, but and in no any event more than one-hundred and twenty (120) within 120 days after the end of each fiscal year, copies of the Borrower's balance sheet of the Borrower as at the end of such fiscal year, and of the statements of operation income, retained earnings and changes in financial condition of the Borrower for such fiscal year. Such balance sheet and statements shall be prepared in reasonable detail, financial statements of cash flows for such fiscal year, all prepared in accordance with generally accepted accounting principles applicable principles, and shall be accompanied by the report thereon of an independent public accountant. In the event that the Borrower is required to file Form 10-K under the Securities Exchange Act of 1934, as amended, the Borrower may, in lieu of furnishing the financial statements hereinabove described, furnish such Form 10-K to the BorrowerIssuer and the Trustee promptly after such report is available. The Trustee shall have no duty to review, verify or analyze such balance sheet, Form 10-K or statements and setting forth in each case in comparative form the figures shall hold such balance sheet, Form 10-K and statements solely as a repository for the previous fiscal year. All financial statements shall be certified by independent certified public accountants of national standing, showing the financial condition benefit of the Borrower at Bondholders; the close Trustee shall not be deemed to have notice of such fiscal year and the results of Project operations during such fiscal year;
(b) Simultaneously with the delivery of each set of financial statements referred to in clause (a) above, a certificate of an Authorized Borrower Representative stating whether there exists on the date of such certificate any circumstance known to the Borrower that, with the passage of time information contained therein or the giving of notice constitutes or would constitute an Event of Default and, if which may be disclosed therein in any circumstance known to the Borrower that, with the passage of time or the giving of notice constitutes or would constitute an Event of Default exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto (this certificate shall always be delivered to the Authority);
(c) Simultaneously with the delivery of each set of financial statements referred to in clause (a) above, a statement (for so long as such statements are routinely provided by the independent public accountant certifying the financial statements in Section 5.4(a) to its clients) of the firm of independent public accountants which reported on such statements advising that nothing has come to their attention to cause them to believe that there existed on the date of such statements any Event of Default; provided, that failure to obtain and deliver such a certificate shall not be a default under Article VI;
(d) Forthwith upon the occurrence of any circumstance known to the Borrower that, with the passage of time or the giving of notice, constitutes or would constitute an Event of Default, a certificate of an Authorized Borrower Representative setting forth the details thereof and the action which the Borrower is taking or proposes with respect thereto; provided that a cure of any occurrence for which notice pursuant to this clause should be given will cure any failure of the notice provisions of this clause;
(e) From time to time, such additional information regarding the financial position or business operations of the Borrower, as the Trustee or the Authority may reasonably request; and
(f) At the same time as the financial statements are delivered pursuant to clause (a) above, a certificate of an Authorized Borrower Representative stating that all routine and major maintenance to the Project has been performedavailable manner.
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