Common use of Tenant Financial Statements Clause in Contracts

Tenant Financial Statements. Upon the written request of Landlord, and to the extent that the same are not otherwise publicly available, Tenant shall submit financial statements for its most recent financial reporting period and for the prior Lease Year. Landlord shall make such request no more than twice during any Lease Year, unless such request is in connection with an uncured event of default hereunder or any prospective sale, financing or refinancing of the Building, in which event there shall be no such limitation. All such financial statements shall be certified as true and correct in all material respects by the responsible officer or partner of Tenant and if Tenant is then in default hereunder (beyond all applicable notice and grace periods), the financial statements shall be certified by an independent certified public accountant.

Appears in 1 contract

Sources: Office Lease (Keryx Biopharmaceuticals Inc)

Tenant Financial Statements. Upon the written request of Landlord, and to the extent that the same are not otherwise publicly available, Tenant shall submit financial statements for its most recent financial reporting period and for the prior Lease Year, which financial statements shall not be consolidated with any parent or affiliate of Tenant, but may be consolidated with any subsidiaries of Tenant. Landlord shall make such request no more than twice during any Lease Year, Year unless such request is required in connection with an uncured event of default hereunder or any prospective sale, transfer or financing of any direct or refinancing of indirect interest in the Building, Project or in which event there shall be no such limitationLandlord. All such financial statements shall be certified as true and correct in all material respects by the responsible officer or partner of Tenant and if Tenant is then in default hereunder (beyond all applicable notice and grace periods)hereunder, the financial statements shall be certified by an independent certified public accountant. Notwithstanding the foregoing, so long as Tenant's financial statements are publicly available, the provisions ofthis Section 30.F. shall not be applicable.

Appears in 1 contract

Sources: Sublease (Aerohive Networks, Inc)

Tenant Financial Statements. Upon the written request of Landlord, and to the extent that the same are not otherwise publicly available, Tenant shall submit financial statements for its most recent financial reporting period and for the prior Lease Year, which financial statements shall not be consolidated with any parent or affiliate of Tenant, but may be consolidated with any subsidiaries of Tenant. Landlord shall make such request no more than twice during any Lease Year, Year unless such request is required in connection with an uncured event of default hereunder or any prospective sale, transfer or financing of any direct or refinancing of indirect interest in the Building, Project or in which event there shall be no such limitationLandlord. All such financial statements shall be certified as true and correct in all material respects by the responsible officer or partner of Tenant and if Tenant is then in default hereunder (beyond all applicable notice and grace periods)hereunder, the financial statements shall be certified by an independent certified public accountant. Notwithstanding the foregoing, so long as Tenant’s financial statements are publicly available, the provisions of this Section 30.F. shall not be applicable.

Appears in 1 contract

Sources: Lease Agreement (Conceptus Inc)