Common use of Financial Condition; No Adverse Change Clause in Contracts

Financial Condition; No Adverse Change. The Borrowers have furnished to the Lender their audited financial statements for their fiscal year ended June 30, 2006 and unaudited financial statements for the fiscal-year-to-date period ended September 30, 2006, and those statements fairly present the Borrowers' financial condition on the dates thereof and the results of their operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businesses, properties or conditions (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its audited financial statements for their its fiscal year ended June 30December 31, 2006 2005 and unaudited financial statements for the fiscal-year-to-date period ended September 30December 8, 2006, and those statements fairly present the Borrowers' Borrower’s financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower’s business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its audited financial statements for their its fiscal year ended June 30December 31, 2006 2002 and unaudited financial statements for the fiscal-year-to-date period ended September 30March 31, 20062003, and those statements fairly present the Borrowers' Borrower’s financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower’s business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its consolidated audited financial statements for their its fiscal year ended June 30December 31, 2006 2001 and unaudited financial statements for the fiscal-year-to-date period ended September 30December 29, 20062002, and those statements fairly present the Borrowers' Borrower's financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower's business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect, other than losses disclosed in the Borrower's financial projections for its fiscal year 2003 previously provided to the Lender.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its audited financial statements for their its fiscal year ended June 30December 31, 2006 2000 and unaudited financial statements for the fiscal-year-to-date period ended September 30, 20062001, and those statements fairly present the Borrowers' Borrower's financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower's business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to Lender the Lender their Companies’ audited financial statements for their the fiscal year ended June 30October 27, 2006 2002, and unaudited financial statements for the fiscal-year-to-date period ended September 30May 25, 20062003, and those statements fairly present in all material respects the Borrowers' Companies’ financial condition on the dates thereof and the results of their operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesCompanies’ business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its audited financial statements for their its fiscal year ended June 30December 31, 2006 2005, and unaudited financial statements for the fiscal-year-to-date period ended September 30March 31, 2006, and those statements fairly present the Borrowers' Borrower’s financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower’s business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have furnished to the Lender their audited consolidated financial statements for their fiscal year ended June 30December 31, 2006 2005 and unaudited financial statements for the fiscal-year-to-date period ended September 30July 31, 20062006 and, and except as set forth on Schedule 5.6 hereto, those statements fairly present the Borrowers' financial condition on the dates thereof and the results of their operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesbusiness, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have furnished to the Lender their audited financial statements for their fiscal year ended June 30, 2006 and unaudited financial statements for the fiscal-year-to-date period fiscal year ended September 30December 31, 2006, 2005 and those statements fairly present the Borrowers' ’ financial condition on the dates thereof and the results of their operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businesses’ business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its audited financial statements for their its fiscal year ended June 30December 31, 2006 2005 and unaudited financial statements for the fiscal-year-to-date period ended September 30August 31, 2006, 2006 and those statements fairly present the Borrowers' Borrower’s financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower’s business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its audited consolidated and consolidating financial statements for their its fiscal year ended June 30December 31, 2006 2005 and unaudited internally prepared financial statements for the fiscal-year-to-date period ended September 30January 31, 2006, and those statements fairly present the Borrowers' Borrower’s financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower’s business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have furnished to the Lender their audited financial statements for their its fiscal year ended June 30, 2006 2005 and unaudited financial statements for the fiscal-year-to-date period ended September 30, 20062005, and those statements fairly present the Borrowers' ’ financial condition on the dates thereof and the results of their operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statementsstatements delivered to the Lender, there has been no change in the Borrowers' businesses’ business, properties or conditions condition (financial or otherwise) which has had or could be expected to have a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to Lender the Lender their Companies’ audited financial statements for their the fiscal year ended June 30October 27, 2006 2002 and unaudited financial statements for the fiscal-year-to-date period ended September 30May 25, 20062003, and those statements fairly present in all material respects the Borrowers' Companies’ financial condition on the dates thereof and the results of their operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesCompanies’ business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.

Financial Condition; No Adverse Change. The Borrowers have Borrower has furnished to the Lender their its audited financial statements for their its fiscal year ended June 30December 31, 2006 2004 and unaudited financial statements for the fiscal-year-to-date period ended September 30August 31, 20062005, and those statements fairly present the Borrowers' Borrower’s financial condition on the dates thereof and the results of their its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrowers' businessesBorrower’s business, properties or conditions condition (financial or otherwise) which has had a Material Adverse Effect.