Financial Information; Adverse Change. The Borrower has provided, or prior to the Effective Date will provide, the Bank with (i) its audited financial statements for its most recently ended fiscal year and (ii) the related up to date Prospectus. The Borrower does not have any contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of the Borrower in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Borrower since the date of such financial statements.
Financial Information; Adverse Change. The Trust has provided, or prior to the Effective Date will provide, the Bank with (i) its audited financial statements for its most recent fiscal year ended and (ii) the related up to date Prospectus for each Fund of such Trust. No Fund of the Trust has any contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of the Trust in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Trust or Funds since the date of such financial statements.
Financial Information; Adverse Change. Each Borrower has provided, or prior to the Effective Date will provide, the Bank with (i) audited financial statements dated as of September 30, 2013 and for such Borrower's most recent fiscal year ended and (ii) the related up-to-date Prospectus for such Borrower. Such Borrower has no contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of such Borrower in accordance with GAAP. There has been no material adverse change in the business or financial condition of such Borrower since the date of such financial statements.
Financial Information; Adverse Change. The Corporation has provided, or prior to the Effective Date will provide, the Bank with (i) audited financial statements for each Fund’s most recently ended fiscal year and (ii) the related up to date Prospectus for each Fund of the Corporation. No Fund of the Corporation has any contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all material respects, the financial condition of each Fund in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Corporation or Funds since the date of such financial statements.
Financial Information; Adverse Change. The Borrower has provided, or prior to the Effective Date will provide, the Bank with (i) the related Fund’s audited financial statements for its most recent fiscal year ended and (ii) the up to date Prospectus for the related Fund (provided that the Borrower shall be automatically deemed to have provided such materials and documentation to the Bank upon its being filed with and publicly available on the XXXXX system maintained by the U.S. Securities and Exchange Commission). The related Fund of the Borrower does not have any contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of the Borrower’s related Fund in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Trust or the related Fund since the date of such financial statements. 127343843v1
Financial Information; Adverse Change. The Corporation and the Trust have provided, or prior to the Effective Date will provide, the Bank with (i) their audited financial statements for its most recent fiscal year ended and (ii) the related up to date Prospectus for each Fund of such Corporation or the Trust. No Fund of such Corporation or the Trust has any contingent liabilities not provided for or disclosed in - 11 - such financial statements. Such financial statements present fairly, in all respects, the financial condition of such Corporation or the Trust in accordance with GAAP. There has been no material adverse change in the business or financial condition of such Corporation or the Trust or Funds since the date of such financial statements. The Bank agrees that the Corporation and the Trust shall have no obligation to deliver any document, report or financial statement to the Bank hereunder if the same is publicly available through the SEC's XXXXX system or similar system.
