Common use of Financial Reports Clause in Contracts

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31, 2021, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP, independent public accountants, and any other unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Date, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period then ended, heretofore furnished to Administrative Agent, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.05.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 3128, 20212018, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP, independent public accountants, and any other unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Date, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period then ended, heretofore furnished to Administrative Agent, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.055.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January of August 31, 20212013, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas of February 28, 2014, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 6 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212008, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at June 30, 2009, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the period six months then ended, heretofore furnished to Administrative Agentthe Bank, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower Loan Parties and its their Subsidiaries as at January 311, 20212016, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Loan Parties and its their Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower Loan Parties and its their Subsidiaries available on or before as at the Closing DateFiscal Quarter ended September 30, 2016, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Loan Parties and its their Subsidiaries for the period 3 Fiscal Quarters then ended, heretofore furnished to Administrative Agentthe Bank, fairly present in all material respects the consolidated financial condition of the Borrower Loan Parties and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower No Loan Party nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The consolidated balance sheet of the Borrower Loan Parties and its their Subsidiaries as at January 31December 28, 20212012, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Loan Parties and its their Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower Loan Parties and its their Subsidiaries available on or before as at the Closing DateFiscal Month ended November 22, 2013, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Loan Parties and its their Subsidiaries for the period 11 Fiscal Months then ended, heretofore furnished to Administrative Agentthe Bank, fairly present in all material respects the consolidated financial condition of the Borrower Loan Parties and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower No Loan Party nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212014, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2015, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine (9) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212004, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at September 30, 2005 and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine (9) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212018, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at June 30, 2019, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the quarterly period then ended, heretofore furnished to Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.05.6.5. ‑62‑

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212016, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2017, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The audited consolidated balance sheet of the Borrower and its Subsidiaries as at January 31, 2021, and the related consolidated financial statements of income, retained earnings and cash flows of the Borrower Parent and its Subsidiaries for the fiscal year then endedended December 31, 2019, and accompanying notes thereto, which the unaudited consolidated financial statements are accompanied by of Parent and its Subsidiaries for the audit report fiscal year ended December 31, 2020, heretofore furnished to the Administrative Agent, fairly and adequately present the consolidated financial condition of Xxxxx Xxxxxxxx LLPParent and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. As of any date after the Closing Date, independent public accountants, and any other unaudited interim the audited consolidated balance sheet financial statements of the Borrower and its Subsidiaries available on or before the Closing Date, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period then ended, heretofore most recently furnished to the Administrative AgentAgent pursuant to Section 6.1, fairly and adequately present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither As of the Borrower nor date of the most recently delivered annual financial statements, no Loan Party or any Subsidiary of a Loan Party has contingent liabilities which required to be disclosed under GAAP or judgments, orders or injunctions against it that are material to it and which otherwise constitute an Event of Default under Section 7.1(g), other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.056.1.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31June 30, 20212017, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2018, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 9 months then ended, heretofore furnished to Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.055.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 311, 20212000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the fiscal year 12 months then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young LLP, independent public accountants, and any other unaudited the interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at April 1, 2000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the period 6 months then ended, each heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such the financial statements referred to above or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31the last day of the Fiscal Year ending on October 3, 20212009, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Deloitte & Touche, LLP, independent public accountants, and any other unaudited interim consolidated balance sheet of the Borrower Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and its Subsidiaries available on or before filed with the Closing Date, Securities and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries Exchange Commission for the period then endedBorrower’s Fiscal Quarter ending July 3, 2010, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.05subsection 6.1 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212013, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2014, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period three months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January August 31, 20212005, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at May 31, 2006, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 9 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 311, 20212000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the fiscal year 12 months then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young LLP, independent public accountants, and any other unaudited the interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at September 30, 2000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the period 9 months then ended, each heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such the financial statements referred to above or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower Loan Parties and its their Subsidiaries as at January March 31, 20212013, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Loan Parties and its their Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower Loan Parties and its their Subsidiaries available on or before the Closing Dateas at September 30, 2013, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Loan Parties and its their Subsidiaries for the period six (6) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower Loan Parties and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower any Loan Party nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212014, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at September 30, 2015, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212017, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2018, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 3 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212006, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at September 30, 2007, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 9 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which or judgments, orders or injunctions against it that are material to it other than as indicated on such financial statements disclosed in writing to the Administrative Agent by the Borrower or, with respect to future periods, or indicated on the financial statements furnished pursuant to Section 6.056.1 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January of December 31, 20212010, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the unqualified audit report of Xxxxx Xxxxxxxx LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at September 30, 2011, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period three (3) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither None of the Borrower nor or any Subsidiary has contingent liabilities which are material to it and are required to be set forth in its financial statements or notes thereto in accordance with GAAP other than as indicated on such financial statements orand notes thereto, including with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212006, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at June 30, 2007, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period six (6) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212007, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2008 and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period three (3) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31the last day of the Fiscal Year ending on or about September 28, 20212002, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLPDeloitte & Touche, L.L.P., independent public accountants, and any other unaudited interim consolidated balance sheet of the Borrower Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and its Subsidiaries available on or before filed with the Closing Date, Securities and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries Exchange Commission for the period then endedBorrower’s Fiscal Quarter ending June 28, 2003, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January August 31, 20212004, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at May 31, 2005, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 9 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31September 30, 20212002, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx PricewaterhouseCoopers LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2003, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period six (6) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower Company and its Subsidiaries as at January December 31, 20212017, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Company and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower Company and its Subsidiaries available on or before the Closing Dateas at September 30, 2018, and the related consolidated statements of income, retained earnings and cash flows of the Borrower Company and its Subsidiaries for the period nine (9) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower Company and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower Company nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31of , 202120 I, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx ABC & Company, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at , 20 , and the related consolidated statements of income, retained earnings earnings, and cash flows of the Borrower and its Subsidiaries for the period 6 months then ended, heretofore furnished to Administrative Agentthe Bank, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.057.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212002, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at June 30, 2003, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period six (6) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31the last day of the Fiscal Year ending on or about October 1, 20212005, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLPDeloitte & Touche, L.L.P., independent public accountants, and any other unaudited interim consolidated balance sheet of the Borrower Borrower’s Quarterly Report on Form 10-Q prepared in compliance with the requirements therefor and its Subsidiaries available on or before filed with the Closing Date, Securities and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries Exchange Commission for the period then endedBorrower’s Fiscal Quarter ending July 1, 2006, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January August 31, 20212011, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at May 31, 2012, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 6 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January August 31, 20212009, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP& Xxxxx, independent XXX, xxxxxxxxxxx public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at February 28, 2010, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 6 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212001, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxx Xxxxxxxx LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at June 30, 2002, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 6 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis subject, in the case of the interim statements, to year-end audit adjustments and the absence of footnotes contained in the year-end financial statements. Neither the Borrower nor any Subsidiary Guarantor has contingent liabilities which are material to it as determined in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.057.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212020, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx KPMG LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at September 30, 2021, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary of its Restricted Subsidiaries has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20211999, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLPErnst & Young, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at June 30, 2000, and the related consolidated statements of income, income and retained earnings and cash flows of the Borrower and its Subsidiaries for the period 6 months then ended, heretofore furnished to Administrative Agentthe Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any other Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31of June 30, 20212017, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLP, an independent public accountantsaccountant reasonably acceptable to Bank, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2018, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine (9) months then ended, heretofore furnished to Administrative AgentBank, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.056.5.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212002, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at September 30, 2003 and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine (9) months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212013, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at December 31, 2013, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 12 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212010, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx Ernst & Young, LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at December 31, 2010, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 12 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January December 31, 20212002, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx PricewaterhouseCoopers LLP, independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at March 31, 2003, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period 3 months then ended, heretofore furnished to the Administrative AgentAgent and the Lenders, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.058.5 hereof.

Financial Reports. The consolidated balance sheet of the Borrower and its Subsidiaries as at January 31September 30, 20212014, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of Xxxxx Xxxxxxxx LLPMc Gladrey LLP (or other independent public accountant acceptable to the Bank), independent public accountants, and any other the unaudited interim consolidated balance sheet of the Borrower and its Subsidiaries available on or before the Closing Dateas at June 30, 2015, and the related consolidated statements of income, retained earnings and cash flows of the Borrower and its Subsidiaries for the period nine (9) months then ended, heretofore furnished to Administrative AgentBank, fairly present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Borrower nor any Subsidiary has contingent liabilities which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 6.056.5.