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Financial Information
Financial Information contract clause examples

Financial Information. Tenant shall furnish Landlord with true and complete copies of # Tenant’s most recent audited annual financial statements within 120 days of the end of each of Tenant’s fiscal years during the Term, # Tenant’s most recent unaudited quarterly financial statements within 55 days of the end of each of Tenant’s first three fiscal quarters of each of Tenant’s fiscal years during the Term, # at Landlord’s request from time to time, updated business plans, including cash flow projections and/or pro forma balance sheets and income statements, all of which shall be treated by Landlord as confidential information belonging to Tenant, and # corporate brochures and/or profiles prepared by Tenant for prospective investors. Landlord shall treat Tenant’s financial information as confidential information belonging to Tenant and will not disclose the same to third parties other than on a need-to-know basis to Landlord’s affiliates, legal, financial or tax advisors, consultants, potential lenders and potential purchasers (and Landlord shall instruct such parties to keep such financial information confidential) and as required by Legal Requirements.

Financial Information. Upon Landlord’s request, Tenant shall furnish Landlord with true and complete copies of # Tenant’s most recent audited annual financial statements within 90 days of the end of each of Tenant’s fiscal years during the Term, # Tenant’s most recent unaudited quarterly financial statements within 45 days of the end of each of Tenant’s first three fiscal quarters of each of Tenant’s fiscal years during the Term, # at Landlord’s request from time to time, updated business plans, including cash flow projections and/or pro forma balance sheets and income statements, # corporate brochures and/or profiles prepared by Tenant for prospective investors, and # any other financial information or summaries that Tenant typically provides to its lenders. Landlord shall treat all of the information which Tenant provides to Landlord pursuant to this Section 41(c) as confidential information belonging to Tenant and shall not be disclosed to any third parties unless such parties have a need to know in connection with any acquisition or financing related to the Property and such parties have agreed to maintain the confidentiality of such information. Notwithstanding the foregoing, in no event shall Tenant be required to provide any financial information to Landlord which Tenant does not otherwise prepare (or cause to be prepared) for its own purposes.

If at any time Tenant is not a publicly traded company, at Landlord’s request from time to time, Tenant shall deliver to Landlord within ten (10) days after Landlord’s request therefor a copy, certified by an officer of Tenant as being a true and correct copy, of Tenant’s most recent audited financial statement. In addition, upon Landlord’s reasonable request, Tenant will provide Landlord within ten (10) days after request therefor, copies of Tenant’s most recent unaudited financial statements reflecting Tenant’s financial situation (including without limitation balance sheets, statements of profit and loss, and changes in financial condition). Tenant agrees to deliver to any lender, prospective lender, purchaser or prospective purchaser designated by Landlord such financial statements of Tenant as may be reasonably requested by such lender or purchaser. Landlord shall not use any financial information required to be provided by Tenant under this Paragraph 19 for any purpose other than in connection with the ownership, financing, leasing and sale of the Project and Landlord shall only disclose such information to # its investors, lenders and employees having a need to know that information to accomplish the permitted purposes and # prospective lenders and prospective purchasers and their respective investors, lenders and employees having a need to know that information to accomplish the permitted purposes and provided that any such recipient agrees to protect that information in accordance with the foregoing and with at least the same degree of care recipient uses to protect its own confidential information of like importance. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report.

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