Common use of Company’s Financial Condition Clause in Contracts

Company’s Financial Condition. The Company's audited consolidated financial statements as at December 31, 2003, copies of which have been furnished to each Bank, have been prepared in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding fiscal year and fairly present the consolidated financial condition of the Company and its Consolidated Subsidiaries as at such date and the results of their operations for the period then ended. As of the Effective Date, since December 31, 2003, there has been no material adverse change in the consolidated financial condition, business or operations of the Company and its Consolidated Subsidiaries, except as set forth in the Company's annual report on Form 10-K for the year ended December 31, 2003, or its quarterly report on Form 10-Q for the quarter ended March 31, 2004, in each case to the Securities and Exchange Commission, (copies of each of which have been furnished to each Bank) or as disclosed in writing to the Banks prior to the Effective Date.

Company’s Financial Condition. The Company's ’s audited consolidated financial statements as at December 31, 20032018, copies of which have been furnished to each Bank, have been prepared in conformity with United States generally accepted accounting principles applied on a basis consistent with that of the preceding fiscal year and fairly present the consolidated financial condition of the Company and its Consolidated Subsidiaries as at such date and the results of their operations for the period then ended. As of the Effective Date, since December 31, 20032018, there has been no material adverse change in the consolidated financial condition, business or operations of the Company and its Consolidated Subsidiaries, except as set forth in the Company's ’s annual report on Form 10-K for the year ended December 31, 20032018, or its quarterly report on Form 10-Q for the quarter ended March 31, 2004, 2019 in each case to the Securities and Exchange Commission, Commission (copies of each of which have been furnished to each Bank) or as disclosed in writing to the Banks prior to the Effective Date.

Company’s Financial Condition. The Company's ’s audited consolidated financial statements as at December 31, 20032018, copies of which have been furnished to each Bank, have been prepared in conformity with United States generally accepted accounting principles applied on a basis consistent with that of the preceding fiscal year and fairly present the consolidated financial condition of the Company and its Consolidated Subsidiaries as at such date and the results of their operations for the period then ended. As of the Effective Date, since December 31, 20032018, there has been no material adverse change in the consolidated financial condition, business or operations of the Company and its Consolidated Subsidiaries, except as set forth in the Company's ’s annual report on Form 10-K for the year ended December 31, 20032018, or its quarterly report on Form 10-Q for the quarter ended March 31, 20042019, in each case to the Securities and Exchange Commission, Commission (copies of each of which have been furnished to each Bank) or as disclosed in writing to the Banks prior to the Effective Date.

Company’s Financial Condition. The Company's ’s audited consolidated financial statements as at December 31, 20032005, copies of which have been furnished to each Bank, have been prepared in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding fiscal year and fairly present the consolidated financial condition of the Company and its Consolidated Subsidiaries as at such date and the results of their operations for the period then ended. As of the Effective Date, since December 31, 20032005, there has been no material adverse change in the consolidated financial condition, business or operations of the Company and its Consolidated Subsidiaries, except as set forth in the Company's ’s annual report on Form 10-K for the year ended December 31, 20032005, or its quarterly report on Form 10-Q for the quarter quarters ended March 31, 20042006 and June 30, 2006, in each case to the Securities and Exchange Commission, (copies of each of which have been furnished to each Bank) or as disclosed in writing to the Banks prior to the Effective Date.

Company’s Financial Condition. The Company's ’s audited consolidated financial statements as at December 31, 20032022, copies of which have been furnished to each Bank, have been prepared in conformity with United States generally accepted accounting principles applied on a basis consistent with that of the preceding fiscal year and fairly present the consolidated financial condition of the Company and its Consolidated Subsidiaries as at such date and the results of their operations for the period then ended. As of the Effective Date, since December 31, 20032022, there has been no material adverse change in the consolidated financial condition, business or operations of the Company and its Consolidated Subsidiaries, except as set forth in the Company's ’s annual report on Form 10-K for the year ended December 31, 20032022, or its quarterly report on Form 10-Q for the quarter quarters ended March 31, 20042023, June 30, 2023 and September 30, 2023, in each case to the Securities and Exchange Commission, (copies of each of which have been furnished to each Bank) Commission or as disclosed in writing to the Banks prior to the Effective Date.

Company’s Financial Condition. The Company's ’s audited consolidated financial statements as at December 31, 20032022, copies of which have been furnished to each Bank, have been prepared in conformity with United States generally accepted accounting principles applied on a basis consistent with that of the preceding fiscal year and fairly present the consolidated financial condition of the Company and its Consolidated Subsidiaries as at such date and the results of their operations for the period then ended. As of the Effective Date, since December 31, 20032022, there has been no material adverse change in the consolidated financial condition, business or operations of the Company and its Consolidated Subsidiaries, except as set forth in the Company's ’s annual report on Form 10-K for the year ended December 31, 20032022, or its quarterly report reports on Form 10-Q for the quarter quarters ended March 31, 20042023, June 30, 2023 and September 30, 2023, in each case to the Securities and Exchange Commission, (copies of each of which have been furnished to each Bank) SEC or as disclosed in writing to the Banks prior to the Effective Date.

Company’s Financial Condition. The Company's ’s audited consolidated financial statements as at December 31, 20032020, copies of which have been furnished to each Bank, have been prepared in conformity with United States generally accepted accounting principles applied on a basis consistent with that of the preceding fiscal year and fairly present the consolidated financial condition of the Company and its Consolidated Subsidiaries as at such date and the results of their operations for the period then ended. As of the Effective Date, since December 31, 20032020, there has been no material adverse change in the consolidated financial condition, business or operations of the Company and its Consolidated Subsidiaries, except as set forth in the Company's ’s annual report on Form 10-K for the year ended December 31, 20032020, or its quarterly report on Form 10-Q for the quarter quarters ended March 31, 20042021, June 30, 2021 and September 30, 2021, in each case to the Securities and Exchange Commission, Commission (copies of each of which have been furnished to each Bank) or as disclosed in writing to the Banks prior to the Effective Date.