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77060900v2 <br /> <br /> <br /> 18 <br /> <br />good and workmanlike manner and shall be completely free and clear of any mechanics or <br />materialman’s liens and encumbrances and shall be subject to the requirements of Section 6.6 <br />hereof. <br />Section 6.8 Keeping of Books. The Borrower will keep proper books of record and account, <br />in which full and correct entries shall be made of financial transactions and the assets and operations of the <br />Borrower in accordance with GAAP, and have a complete audit of such books of record and account made <br />by the Accountant for each Fiscal Year. <br />Section 6.9 Reporting Requirements. The Borrower will furnish or cause to be furnished to <br />the Controlling Person the following in form satisfactory to the Controlling Person and in such number of <br />copies as the Controlling Person may reasonably require: <br />(a) As soon as available and in any event within thirty (30) days after the close of each <br />fiscal quarter of each Fiscal Year of the Borrower: <br />(1) unaudited financial statements for the Borrower and the Project <br />Facilities, including a balance sheet and related statement of income as of the end <br />of such fiscal quarter and for such fiscal quarter and the current Fiscal Year to the <br />end of such fiscal quarter, which shall be internally prepared and presented on a <br />consistent basis; <br />(2) a certificate signed by an Authorized Person stating that, except <br />as disclosed in such certificate, (i) during such fiscal quarter the Borrower has <br />observed and performed all of its covenants and agreements set forth in this <br />Agreement and the other Funding Loan Documents (including the rules qualifying <br />the interest payable on the Governmental Note for federal tax exemption pursuant <br />to Section 142(d) of the Code and the regulations issued thereunder), except as <br />disclosed in such certificate, (ii) if the Project Facilities have received a tax credit <br />allocation, during such fiscal quarter the Project Facilities have complied with the <br />requirements of Section 42 of the Code and the regulations issued thereunder, and <br />(iii) no Event of Default has occurred or exists; <br />(b) As soon as available and in any event within one hundred twenty (120) days after <br />the close of each Fiscal Year of the Borrower: <br />(1) audited financial statements for the Borrower, on a consolidated <br />basis, including a balance sheet and related statements of income and changes in <br />financial position as of the end of such Fiscal Year and for such Fiscal Year, which <br />shall be prepared and reported on without qualification by the Accountant in <br />accordance with GAAP, and shall fairly present the financial condition of the <br />Borrower and the Project Facilities as of the end of such Fiscal Year (with a draft <br />of such financial statements delivered within ninety (90) days of the close of such <br />Fiscal Year); and <br />(2) a certificate signed by an Authorized Person stating that (i) during <br />such Fiscal Year the Borrower has observed and performed all of its covenants and <br />agreements set forth in this Agreement and the other Funding Loan Documents, <br />except as disclosed in such certificate, and (ii) no Default or Event of Default has <br />occurred or exists, except as disclosed in such certificate;