APAC. The consolidated balance sheet of the Borrower and its Subsidiaries as at December 28, 1997, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxxx Xxxxxxxx LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries as at June 30, 1998, and the related consolidated statements of income and retained earnings of the Borrower and its Subsidiaries for the 6 monthly accounting periods then ended, heretofore furnished to the Banks, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.
APAC. Since December 29, 1997, except as disclosed in a Form 8-K of the Borrower filed as of May 20, 1998 with the Securities and Exchange Commission, there has been no change in the condition (financial or otherwise) or business prospects of the Borrower or any Subsidiary, none of which individually or in the aggregate have been materially adverse.
APAC. For disputes arising over Services performed in APAC are governed by the laws of laws of Singapore. The arbitration will be administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the SIAC’s Arbitration Rules of the Singapore International Arbitration Centre. The seat and venue of arbitration will be in Singapore.
APAC. APAC is the Anaheim Performing Arts Center Foundation, a registered non-profit entity. The principal office of APAC for purposes of this Agreement is located at X.X. Xxx 00000, Xxxxxxx, Xxxxxxxxxx 00000-0000
