Common use of Financial Information; No Material Change Clause in Contracts

Financial Information; No Material Change. (i) No change shall have occurred in the financial condition, business, affairs, operations or control of Borrower and/or the Loan Parties, since the date of the Consolidated financial statements of CSC, the Borrower, and the Loan Parties most recently delivered to Administrative Agent or any of the Lenders, which change has had or could reasonably be expected to have a Material Adverse Effect; and Borrower and the other Loan Parties shall have furnished Administrative Agent such other financial information, and certifications as reasonably requested by the Administrative Agent. (ii) The Borrower shall have provided to the Administrative Agent such certificates and other evidence as the Administrative Agent may reasonably require to evidence that the Borrower, CSC and each of the Borrowing Base Property Owners (both before and after giving effect to the Loan) is solvent, has assets having a fair value in excess of the amount required to pay such Person’s probable liabilities and existing Debts as such become absolute and mature, and has adequate capital for the conduct of such Person’s business and the ability to pay such Person’s Debts from time to time incurred in connection therewith as such Debts mature, including the Closing Compliance Certificate (the “Closing Compliance Certificate”) set forth as Exhibit CC hereto or in such other form reasonably acceptable to Administrative Agent.

Financial Information; No Material Change. (i) No change shall have occurred in the financial condition, business, affairs, operations or control of Borrower and/or the Loan Parties, since the date of the Consolidated their respective financial statements of CSC, the Borrower, and the Loan Parties most recently delivered to Administrative Agent or any of the Lenders, which change has had or could reasonably be expected to have a Material Adverse Effect, with the Administrative Agent and the Lenders acknowledging notice of the potential loss for the quarter ending December 31, 2003, to be incurred by CSC and the Borrower as a result of the restructuring necessary in connection with the recently completed equity offering by CSC (the "Fourth Quarter Losses") and agreeing that for purposes of this Section 5.1.2(i), the Fourth Quarter Losses shall be deemed not to have a Material Adverse Effect; and Borrower and the other Loan Parties shall have furnished Administrative Agent such other financial information, and certifications as reasonably requested by the Administrative Agent. (ii) The Borrower shall have provided to the Administrative Agent such certificates and other evidence as the Administrative Agent may reasonably require to evidence that the Borrower, CSC and each of the Borrowing Base Property Owners (both before and after giving effect to the Loan) is solvent, has assets having a fair value in excess of the amount required to pay such Person’s 's probable liabilities and existing Debts as such become absolute and mature, and has adequate capital for the conduct of such Person’s 's business and the ability to pay such Person’s 's Debts from time to time incurred in connection therewith as such Debts mature, including the Closing Compliance Certificate (the “"Closing Compliance Certificate”") set forth as Exhibit CC hereto or in such other form reasonably acceptable to Administrative Agenthereto.