Common use of Financial Condition, etc Clause in Contracts

Financial Condition, etc. (A) Borrower has delivered to the Lenders (1) the audited consolidated balance sheets of Borrower as of December 31, 1996, December 31, 1997 and December 31, 1998, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those dates, together with reports thereon by KPMG LLP, certified public accountants and (2) unaudited consolidated balance sheet of Borrower as of June 30, 1998 and June 30, 1999 and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal quarters ended on such dates. All of said financial statements, including in each case the related schedules and notes, are true, complete and correct and have been prepared in accordance with 57 -51- GAAP consistently applied and present fairly the financial position of Borrower as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-end audit adjustments.

Financial Condition, etc. (Aa) Borrower has heretofore delivered to the Lenders (1A) the audited consolidated balance sheets of Borrower Parent and its Subsidiaries as of December May 31, 19961997, December May 31, 1997 1998 and December May 31, 19981999, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those dates, together with reports thereon by KPMG Deloitte & Touche LLP, certified public accountants accountants, and (2B) the unaudited consolidated balance sheet of Borrower Parent and its Subsidiaries as of June November 30, 1998 and June 301999, 1999 and the related statements of earnings, changes in stockholders' equity earnings and cash flows for the fiscal quarters period ended on such datesNovember 30, 1999. All of said financial statements, including in each case the related schedules and notes, are true, complete and correct and have been prepared in accordance with 57 -51- GAAP consistently applied and present fairly the financial position of Borrower Parent and its Subsidiaries as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to period-end audit adjustments.

Financial Condition, etc. (Aa) Borrower has delivered to the Lenders (1i) the audited consolidated combined balance sheets of Borrower Consolidated Companies as of December 31, 1996, December 31, 1997 1999 and December 31, 19982000, and the related statements of earningsincome, changes in stockholders' invested equity and cash flows for the fiscal years ended on those datesDecember 31, 1998, 1999 and 2000, together with reports a report thereon by KPMG PricewaterhouseCoopers LLP, certified public accountants accountants, and (2ii) the unaudited consolidated combined balance sheet of Borrower Consolidated Companies as of June 30, 1998 and June 30, 1999 2001 and the related statements of earningsincome, changes in stockholders' invested equity and cash flows for the fiscal quarters six months ended on such datesdate. All of said financial statements, including in each case the related schedules and notes, are true, complete and correct and have been prepared in accordance with 57 -51- GAAP consistently applied and present fairly in all material respects the combined financial position of Borrower Consolidated Companies as of the respective dates of said balance sheets and the combined results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to normal period-end audit adjustmentsadjustments and the omission of certain footnotes.

Financial Condition, etc. (Aa) Borrower has delivered to the Lenders (1i) the audited consolidated balance sheets of Borrower RIH and the Subsidiaries as of December 31, 19961998, December 31, 1997 1999 and December 31, 19982000, and the related statements of earnings, changes in stockholders' equity and cash flows for the fiscal years ended on those dates, together with reports thereon by KPMG Xxxxxx Xxxxxxxx LLP, certified public accountants and (2ii) unaudited interim consolidated balance sheet of Borrower as of June 30, 1998 RIH and June 30, 1999 the Subsidiaries and the related statements of earnings, changes in stockholders' equity and cash flows for the each fiscal quarters month and quarterly period ended on such datesafter December 31, 2000. All of said financial statements, including in each case the related schedules and notes, are true, complete and correct and have been prepared in accordance with 57 -51- GAAP consistently applied and present fairly the financial position of Borrower RIH and its Subsidiaries as of the respective dates of said balance sheets and the results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to normal period-end audit adjustments.

Financial Condition, etc. (Aa) Borrower has delivered to the ------------------------ Lenders (1i) the audited consolidated combined balance sheets of Borrower Consolidated Companies as of December 31, 1996, December 31, 1997 1999 and December 31, 19982000, and the related statements of earningsincome, changes in stockholders' invested equity and cash flows for the fiscal years ended on those datesDecember 31, 1998, 1999 and 2000, together with reports a report thereon by KPMG PricewaterhouseCoopers LLP, certified public accountants accountants, and (2ii) the unaudited consolidated combined balance sheet of Borrower Consolidated Companies as of June 30, 1998 and June 30, 1999 2001 and the related statements of earningsincome, changes in stockholders' invested equity and cash flows for the fiscal quarters six months ended on such datesdate. All of said financial statements, including in each case the related schedules and notes, are true, complete and correct and have been prepared in accordance with 57 -51- GAAP consistently applied and present fairly in all material respects the combined financial position of Borrower Consolidated Companies as of the respective dates of said balance sheets and the combined results of their operations for the respective periods covered thereby, subject (in the case of interim statements) to normal period-end audit adjustmentsadjustments and the omission of certain footnotes.