Common use of Financial Data; Material Adverse Change Clause in Contracts

Financial Data; Material Adverse Change. (a) Partners or the Borrower has furnished to the Lenders the following financial statements (the “Financials”): (i) the consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statements of income, retained earnings and changes in financial position for the fiscal year ended December 31, 2009, audited by KPMG LLP, and (ii) the unaudited consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statement of income, retained earnings and changes in financial position for the period, for which the most recent Financials are available, prepared by an Executive Officer. The Financials are and the historical financial statements to be furnished to the Lenders in accordance with Section 7.1 below will be in accordance with the books and records of Partners and its consolidated Restricted Subsidiaries and fairly present the financial condition of each of Partners and its consolidated Restricted Subsidiaries at the dates thereof and the results of operations for the periods indicated (subject, in the case of unaudited financial statements, to normal year-end adjustments), and such financial statements have been and will be prepared in conformity with GAAP consistently applied throughout the periods involved, except as provided in Section 7.1.

Financial Data; Material Adverse Change. (a) Partners or the Borrower has furnished to the Lenders the following financial statements (the “Financials”): (i) the consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statements of income, retained earnings and changes in financial position for the fiscal year ended December 31, 20092005, audited by KPMG LLP, and (ii) for each of the Closing Date and the Funding Date, as applicable, the unaudited consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statement of income, retained earnings and changes in financial position for the period, for which the most recent Financials are available, prepared by an Executive Officer. The Financials are and the historical financial statements to be furnished to the Lenders in accordance with Section 7.1 below will be in accordance with the books and records of Partners and its consolidated Restricted Subsidiaries and fairly present the financial condition of each of Partners and its consolidated Restricted Subsidiaries at the dates thereof and the results of operations for the periods indicated (subject, in the case of unaudited financial statements, to normal year-end adjustments), and such financial statements have been and will be prepared in conformity with GAAP consistently applied throughout the periods involved, except as provided in Section 7.1.

Financial Data; Material Adverse Change. (a) Partners or the Borrower has furnished to the Lenders the following financial statements (the “"Financials”"): (i) the consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statements of income, retained earnings and changes in financial position for the fiscal year ended December 31June 30, 20092004, audited by KPMG LLP, and (ii) for each of the Closing Date and the Funding Date, as applicable, the unaudited consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statement of income, retained earnings and changes in financial position for the period, for which the most recent Financials are available, prepared by an Executive Officer, and (iii) for the Funding Date only, a proforma unaudited consolidated balance sheet of Partners and its consolidated Subsidiaries giving effect to the IPO, and consolidated statement of income, retained earnings and changes in financial position for, the period for which the most recent Financials are available. The Financials are and the historical financial statements to be furnished to the Lenders in accordance with Section 7.1 below will be in accordance with the books and records of Partners and its consolidated Restricted Subsidiaries and fairly present the financial condition of each of Partners and its consolidated Restricted Subsidiaries at the dates thereof and the results of operations for the periods indicated (subject, in the case of unaudited financial statements, to normal year-end adjustments), and such financial statements have been and will be prepared in conformity with GAAP consistently applied throughout the periods involved, except as provided in Section 7.1.

Financial Data; Material Adverse Change. (a) Partners or the Borrower has furnished to the Lenders the following financial statements (the “Financials”): (i) the consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statements of income, retained earnings and changes in financial position for the fiscal year ended December 31, 20092015, audited by KPMG Deloitte & Touche LLP, and (ii) the unaudited consolidated balance sheet of Partners and its consolidated Restricted Subsidiaries as of, and consolidated statement of income, retained earnings and changes in financial position for the period, for which the most recent Financials are available, prepared by an Executive Officer. The Financials are and the historical financial statements to be furnished to the Lenders in accordance with Section 7.1 below will be in accordance with the books and records of Partners and its consolidated Restricted Subsidiaries and fairly present the financial condition of each of Partners and its consolidated Restricted Subsidiaries at the dates thereof and the results of operations for the periods indicated (subject, in the case of unaudited financial statements, to normal year-end adjustments), and such financial statements have been and will be prepared in conformity with GAAP consistently applied throughout the periods involved, except as provided in Section 7.1.