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2025.07.07 CC Packet
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2025.07.07 CC Packet
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City Council
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172981943v5 <br /> <br /> <br /> 18 <br /> <br />Section 4.9 Financial Information and Reporting. Except as otherwise stated in this <br />Agreement, all financial information provided to the Lender shall be compiled using GAAP. <br />During the term of this Agreement, and afterward until all amounts due under this Agreement are <br />paid in full, unless the Lender shall otherwise agree in writing, the Borrower agrees to: <br />(1) Provide the Lender, within 150 days after Borrower’s fiscal year end, annual <br />audited financial statements for Borrower with an unqualified opinion of an independent certified <br />public accountant of recognizable standing selected by Borrower and approved by Lender, <br />certified as true and correct by an officer or other authorized representative of Borrower upon <br />request; <br />(2) Provide the Lender, within 30 days after the end of each month, unaudited <br />financial statements for such month; <br />(3) [Intentionally Omitted]; <br />(4) Provide the Lender, within 30 days after the start of each fiscal year of <br />Borrower or more frequently as requested by the Lender, the Borrower’s projected operating <br />budget for the next succeeding fiscal year in form and substance acceptable to Lender; <br />(5) Provide the Lender, within 30 days after the start of each fiscal year of <br />Borrower or more frequently as requested by the Lender, the Borrower’s enrollment figures for <br />the school year aligning with such fiscal year in detail acceptable to Lender; and <br />(6) Provide the Lender with such other information as it may reasonably <br />request, and permit the Lender or its agent(s) to visit and inspect its properties and examine its <br />books and records. <br />Section 4.10 Financial Covenants. The Borrower covenants and agrees that while this <br />Agreement is in effect, the Borrower shall maintain the following financial covenants: <br />(1) Bank Accounts. The Borrower shall maintain its primary demand deposit <br />operating accounts with the Lender during the term of the Note. The Borrower shall have six (6) <br />months from the date of this Agreement to move the majority of its depository accounts to accounts <br />with the Lender, with all deposit accounts transferred to the Lender within twelve (12) months <br />from the date of this Agreement. <br /> <br />Section 4.11 Access to Land and Facility. The Borrower grants to the Lender and to the <br />Lender’s agents access to the Land and Facility at any reasonable time during normal business <br />hours in order to inspect the Facility and the Borrower’s other property. Lender’s activities at the <br />Land and Facility shall be conducted in a manner that minimizes disruption of the Borrower’s <br />activities, taking into consideration the needs of teachers and students as reasonably understood <br />by the Lender or as communicated by the Borrower to the Lender, and subject to the terms of any <br />leases or licenses affecting the Land or the Facility. <br />Section 4.12 Access to Books and Inspection. The Borrower shall keep proper books of <br />record and accounts with respect to the use and operation of the Facility and the Borrower’s other
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