LEASE IS UNMODIFIED AND IN FULL FORCE AND EFFECT (OR THAT THIS LEASE IS IN FULL
FORCE AND EFFECT AS MODIFIED AND SETTING FORTH THE MODIFICATIONS), THE DATE TO
WHICH THE RENT HAS BEEN PAID, WHETHER TO THE KNOWLEDGE OF LESSEE THERE IS ANY
EXISTING DEFAULT OR EVENT OF DEFAULT EXISTS THEREUNDER BY LESSOR OR LESSEE, AND
SUCH OTHER INFORMATION AS MAY BE REASONABLY REQUESTED BY LESSOR.
ANY SUCH
CERTIFICATE FURNISHED PURSUANT TO THIS SECTION MAY BE RELIED UPON BY LESSOR, ANY
LENDER AND ANY PROSPECTIVE PURCHASER OF THE LEASED PROPERTY.
22.2
FINANCIAL STATEMENTS AND INFORMATION.
LESSEE
WILL FURNISH THE FOLLOWING STATEMENTS AND OPERATING INFORMATION TO LESSOR
(PROVIDED THAT THE DELIVERY OF ANY OF THE FOLLOWING STATEMENTS OR OPERATING
INFORMATION MAY BE WAIVED BY LESSOR, IN ITS SOLE DISCRETION):
(A)
WITHIN SIXTY (60) DAYS AFTER THE END OF
EACH FISCAL YEAR OF LESSEE, AUDITED CONSOLIDATED FINANCIALS OF THE LESSEE;
(B)
WITH REASONABLE PROMPTNESS, SUCH OTHER
INFORMATION RESPECTING THE FINANCIAL CONDITION, OPERATIONS AND AFFAIRS OF LESSEE
OR THE LEASED PROPERTY (A) AS LESSOR OR THE COMPANY MAY BE REQUIRED OR MAY DEEM
DESIRABLE IN ITS REASONABLE DISCRETION TO FILE WITH OR PROVIDE TO THE SECURITY
AND EXCHANGE COMMISSION ("SEC") OR ANY OTHER GOVERNMENTAL AGENCY OR ANY OTHER
PERSON, ALL IN THE FORM, AND EITHER AUDITED OR UNAUDITED, AS LESSOR MAY REQUEST
IN LESSOR'S REASONABLE DISCRETION, (B) AS MAY BE REASONABLY NECESSARY TO CONFIRM
COMPLIANCE BY LESSEE AND ITS AFFILIATES WITH THE REQUIREMENTS OF THIS LEASE, AND
(C) AS MAY BE REQUIRED OR REQUESTED BY ANY EXISTING, POTENTIAL OR FUTURE HOLDER;
(C)
ON OR BEFORE THE FIFTEENTH (15TH) DAY OF
EACH MONTH, A BALANCE SHEET, AND DETAILED PROFIT AND LOSS AND CASH FLOW
STATEMENTS SHOWING THE FINANCIAL POSITION OF THE FACILITY AS AT THE END OF THE
PRECEDING MONTH AND THE RESULTS OF OPERATION OF THE FACILITY FOR SUCH PRECEDING
MONTH AND THE LEASE YEAR TO DATE (INCLUDING A COMPARISON TO THE OPERATING BUDGET
AS APPROVED);
(D)
ON OR BEFORE THE FIFTEENTH (15TH) DAY OF
EACH MONTH, THE FACILITY'S GENERAL MANAGER'S WRITTEN CRITIQUE OF THE FINANCIAL
REPORT SUBMITTED PURSUANT TO SUBSECTION (C) IMMEDIATELY ABOVE, SETTING FORTH IN
NARRATIVE FORM ANY VARIATIONS DURING THE PRECEDING MONTH FROM THE ANNUAL BUDGET
AND INCLUDING A PREVIEW OF THE FACILITY'S FINANCIAL OPERATIONS DURING THE
CURRENT MONTH;
(E)
ON OR BEFORE THE TWENTIETH (20TH) DAY OF
EACH APRIL, JULY AND OCTOBER DURING THE TERM, AN UPDATED ESTIMATE FOR EACH
CALENDAR QUARTER REMAINING IN THE LEASE YEAR OF THE INFORMATION REQUIRED BY
SECTION 4.7(A) AND (E) HEREOF;
(F)
MONTHLY STR REPORTS WITHIN FIVE (5) DAYS
OF LESSEE'S RECEIPT THEREOF;
(G)
LESSEE WILL FURNISH TO LESSOR A COPY OF ALL
FINANCIAL REPORTS AND STATEMENTS RECEIVED FROM THE MANAGER ON THE TWENTIETH
(20TH) DAY OF EACH MONTH FOR THE PRECEDING MONTH;
(H)
LESSEE WILL FURNISH TO LESSOR ON THE
TWENTIETH (20TH) DAY OF EACH MONTH FOR THE PRECEDING MONTH AND YEAR-TO-DATE THE
FOLLOWING STATISTICAL INFORMATION:
46
(i)
Statistical information for the Hotel
for the prior month, such as