Common use of CORRECTNESS OF FINANCIAL STATEMENT Clause in Contracts

CORRECTNESS OF FINANCIAL STATEMENT. The financial statement of Borrower dated February 28, 2006, a true copy of which has been delivered by Borrower to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower in accordance with generally accepted accounting principles, (b) discloses all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied. Since the date of such financial statement there has been no material adverse change in the financial condition of Borrower and its subsidiaries, taken as a whole, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statement of Borrower dated February 28December 31, 20062016, a and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) since said date, true copy copies of which has have been delivered by Borrower to Bank Lenders (or set forth in public filings) prior to the date hereof, (a) is are complete and correct in all material respects and presents present fairly the financial condition of Borrower in accordance with generally accepted accounting principlesBorrower, (b) discloses disclose all liabilities of Borrower that that, as of the date thereof, are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has have been prepared in accordance with generally accepted accounting principles consistently applied. Since the date dates of such financial statement statements there has been no material adverse change in the financial condition of Borrower and its subsidiaries, taken as a wholeBorrower, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The consolidated financial statement of Borrower and the Subsidiaries dated February 28June 30, 20061998, a true copy of which has been delivered by Borrower to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower in accordance with generally accepted accounting principlesand the Subsidiaries, (b) discloses all liabilities of Borrower and the Subsidiaries that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied. Since the date of such financial statement there has been no material adverse change in the consolidated financial condition of Borrower and its subsidiaries, taken as a wholethe Subsidiaries, nor has Borrower or any Subsidiary mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, Bank or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The financial statement of Borrower Guarantor dated February 28November 30, 2006, a true copy of which has been delivered by Borrower Guarantor to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower Guarantor in accordance with generally accepted accounting principles, (b) discloses all liabilities of Borrower Guarantor that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied. Since the date of such financial statement there has been no material adverse change in the financial condition of Borrower Guarantor and its subsidiaries, taken as a whole, nor has Borrower Guarantor mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The consolidated and consolidating financial statement of Borrower and its Subsidiaries dated February 28as of March 31, 20062000, a true copy of which has been delivered by Borrower to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower in accordance with generally accepted accounting principlesand its Subsidiaries, (b) discloses all liabilities of Borrower and its Subsidiaries that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied. Since the date of such financial statement there has been no material adverse change in the financial condition of Borrower and its subsidiaries, taken as a wholeSubsidiaries, nor has Borrower or any Subsidiary of Borrower mortgaged, pledged, granted a security interest Lien in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, (ii) pursuant to the Note Agreement or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The consolidated financial statement of Borrower and its Subsidiaries dated February 28June 30, 20061996, a true copy of which has been delivered by Borrower to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower in accordance with generally accepted accounting principlesand its Subsidiaries, (b) discloses all liabilities of Borrower and its Subsidiaries that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied. Since the date of such financial statement there has been no material adverse change in the financial condition of Borrower and its subsidiaries, taken as a wholeSubsidiaries, nor has Borrower or any Subsidiary of Borrower mortgaged, pledged, granted a security interest Lien in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, (ii) pursuant to the terms and conditions of the Prudential Agreement or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The consolidated and consolidating financial statement of Borrower and its Subsidiaries dated February 28as of June 30, 20062002, a true copy of which has been delivered by Borrower to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower in accordance with generally accepted accounting principlesand its Subsidiaries, (b) discloses all liabilities of Borrower and its Subsidiaries that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied. Since the date of such financial statement there has been no material adverse change in the financial condition of Borrower and its subsidiaries, taken as a wholeSubsidiaries, nor has Borrower or any Subsidiary of Borrower mortgaged, pledged, granted a security interest Lien in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, (ii) pursuant to the Note Agreement or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The financial statement of Borrower Borrowers and Subsidiaries dated February 28November 30, 20062003, a true copy of which has been delivered by Borrower Borrowers to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower in accordance with generally accepted accounting principlesBorrowers and Subsidiaries as of said date, (b) discloses all liabilities of Borrower Borrowers and Subsidiaries as of said date that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied, except as noted therein. Since the date of such financial statement there has been no material adverse change in the financial condition of any Borrower and its subsidiaries, taken as a wholeor any Subsidiary, nor has any Borrower or any Subsidiary mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, Bank or (iii) as otherwise permitted by Bank under this Agreement or in another writing.

CORRECTNESS OF FINANCIAL STATEMENT. The financial statement of Borrower and its Subsidiaries dated February 28December 31, 20062001, a true copy of which has been delivered by Borrower to Bank prior to the date hereof, (a) is complete and correct and presents fairly the financial condition of Borrower in accordance with generally accepted accounting principlesand its Subsidiaries, (b) discloses all liabilities of Borrower and its Subsidiaries that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied. Since the date of such financial statement there has been no material adverse change in the financial condition of Borrower and its subsidiaries, taken as a wholeor any Subsidiary, nor has Borrower or any Subsidiary mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, Bank or (iii) as otherwise permitted by Bank in writinghereunder.