Status Report and Financial Statements. Recognizing that each party may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, either party on the request of the other made from time to time, but no more than twice in any calendar year, will within twenty (20) days after such request furnish to the requesting party (or in the case of Landlord, upon Landlord’s written request, to any existing or potential holder of any mortgage encumbering the Premises, the Building and/or the Lot or any potential purchaser of the Premises, the Building and/or the Lot) (each an “Interested Party”) a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its respective obligations under the terms of this Lease. In addition, if at any time Tenant is not a public company, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant, and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord including, but not limited to, financial statements for the past three (3) years, provided that (i) in no event shall Landlord request such statements more often than one (1) time per calendar year and (ii) such statements shall be requested by Landlord only in connection with a sale or financing of the Building and/or the Lot. Any non-public financial statements shall be treated as confidential and may be disclosed only (a) as required by administrative, judicial or governmental order or decree, (b) to prospective purchasers and lenders (and their respective accounting, financial and legal advisors) subject to the aforesaid requirements of confidentiality, (c) as may be required by Legal Requirements, or (d) in connection with any litigation between parties. Any such status statement or financial statement delivered by either party pursuant to this Section 16.16 may be relied upon by any Interested Party.
Appears in 2 contracts
Sources: Lease Agreement (Akamai Technologies Inc), Lease Agreement (Akamai Technologies Inc)
Status Report and Financial Statements. Recognizing that each party the parties hereto may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, either each party (the “Non-Requesting Party”) on the request of the other party (the “Requesting Party”) made from time to time, but no more than twice in any calendar year, will within twenty (20) days after such request promptly furnish to the requesting party (or in the case of LandlordRequesting Party, upon Landlord’s written request, addressed to any existing or potential holder of any mortgage encumbering the Premises, the Building Buildings, the Site and/or the Lot Complex or any potential purchaser of the Premises, the Building Buildings, the Site and/or the Lot) Complex (each an “Interested Party”) a statement of the status of any reasonable matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its respective obligations under the terms of this Lease; provided, however, that in the event that either party is requested to provide more than one (1) such statement in any twelve (12) month period, the Requesting Party shall be responsible for the payment of all reasonable costs incurred by the Non-Requesting Party in providing such statements, including, without limitation, attorneys’ fees. In addition, if at any time unless and for so long as Tenant is not a publicly-traded entity with financial statements that are freely available to the public companywhich are certified to the governmental regulatory authorities, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant, and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord including, but not limited to, financial statements for the past three (3) years, provided that (i) in no event shall Landlord request such statements more often than one (1) time per calendar year and (ii) such statements shall be requested by Landlord only in connection with a sale or financing of the Building and/or the Lot. Any non-public financial statements shall be treated as confidential and may be disclosed only (a) as required by administrative, judicial or governmental order or decree, (b) to prospective purchasers and lenders (and their respective accounting, financial and legal advisors) subject to the aforesaid requirements of confidentiality, (c) as may be required by Legal Requirements, or (d) in connection with any litigation between parties. Any such status statement or and non-publicly available financial statement statement, which shall be certified by Tenant’s executives to the same extent as publicly-available financial statements of publicly-traded entities, which are delivered by either party pursuant to this Section 16.16 may be relied upon by any Interested Party.
Appears in 2 contracts
Sources: Lease Agreement (Translate Bio, Inc.), Lease Agreement (Constant Contact, Inc.)
Status Report and Financial Statements. Recognizing that each party Landlord may find it necessary to establish to third parties, such as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then current status of performance hereunder, either party on Tenant, within ten (10) days after the request of the other Landlord made from time to time, but no more than twice in any calendar year, will within twenty (20) days after such request furnish to the requesting party (or in the case of Landlord, upon Landlord’s written request, to or any existing or potential holder of any mortgage encumbering the Premises, the Building and/or or the Lot Prudential Center, or any potential purchaser of the Premises, the Building and/or Building, or the Lot) Prudential Center (each an “Interested Party”) a statement of the status of any matter pertaining to this Lease, including, without limitation, acknowledgments that (or the extent to which) each party is in compliance with its respective obligations under the terms of this Lease. In addition, if at during any period of time Tenant in which Tenant’s financial information is not a available in the public companydomain, Tenant shall deliver to Landlord, or any Interested Party designated by Landlord, financial statements of Tenant, and any guarantor of Tenant’s obligations under this Lease, as reasonably requested by Landlord including, but not limited to, financial statements for the past three (3) years, provided that (i) in no event shall Landlord request such statements more often than one (1) time per calendar year year, and (ii) such statements shall be requested by Landlord only in connection with a sale or financing of the Building and/or the LotBuilding. Any non-public Such financial statements shall be treated as confidential and may be disclosed only (ai) as required by administrative, judicial or governmental order or decreecourt order, (bii) to prospective purchasers and lenders (and their respective accountingto financial advisors, financial investment bankers, lawyers and legal advisors) subject to the aforesaid requirements of confidentialityaccountants, (ciii) as may be required by Legal Requirements, or (div) in connection with any litigation between the parties. Any such status statement or financial statement delivered by either party Tenant pursuant to this Section 16.16 may be relied upon by any Interested Party.
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