Common use of Financial Schedules Clause in Contracts

Financial Schedules. Set forth in Section 2.13(a) of the Disclosure Letter are (i) unaudited selected results of operations data for each of the New Diamond Business (as defined in the Separation Agreement), the Standalone Drug Business and the Retained Business (as defined in the Separation Agreement) for the 52 weeks ended January 29, 2004, the 53 weeks ended February 3, 2005 and the 39 weeks ended November 3, 2005 (collectively, the “Separate Operations Data”) and (ii) unaudited selected balance sheet data for Albertson’s and each of Albertson’s operating regions as of February 3, 2005 ( the “Separate Balance Sheet Data”). The Separate Operations Data and the Separate Balance Sheet Data have been compiled from source books, records and financial reports of Albertson’s and its Subsidiaries. Such source books, records and financial reports were prepared by Albertson’s in the ordinary course of its business, are accurate in all material respects and were subject to Albertson’s internal controls. The allocations of the Separate Operations Data among the New Diamond Business, the Standalone Drug Business and the Retained Business are consistent with Section 2.13(a)(i) of the Disclosure Letter and the allocations of the Separate Balance Sheet Data are allocated in the manner described in Section 2.13(a)(ii) of the Disclosure Letter. The Separate Balance Sheet Data and the Separate Operations Data reconcile to Albertson’s historical financial statements filed with the SEC and, in Albertson’s opinion, present fairly, in all material respects, the information presented in the Separate Balance Sheet Data and the Separate Operations Data, respectively. Subject to the changes in accounting principles and methodologies effected by Albertson’s as described in the Company SEC Reports (as defined in the Merger Agreement), the accounting principles and methodologies used in the preparation of the Separate Operations Data were applied on a consistent basis, in all material respects, for each of the periods presented therein. Set forth in Section 2.13(a)(iii) of the Disclosure Letter are selected assets and liabilities included in the Purchased Assets and Assumed Liabilities, which schedule was prepared by Sellers and was compiled from source books, records and financial reports of Albertson’s and its Subsidiaries. Such source books, records and financial reports were prepared by Albertson’s in the ordinary course of its business, are accurate in all material respects and were subject to Albertson’s internal controls.

Financial Schedules. Set forth in Section 2.13(a) 2.12 of the Disclosure Letter are (i) unaudited selected results of operations data for each of the New Diamond Business (as defined in for the Separation Agreement)fiscal year ended December 31, the Standalone Drug Business 2010 and the Retained Business (as defined in the Separation Agreement) for the 52 weeks ended January 29, 2004, the 53 weeks ended February 3, 2005 and the 39 weeks eleven months ended November 330, 2005 2011 (collectively, the “Separate Operations Data”) and (ii) unaudited selected balance sheet data for Albertson’s and each of Albertson’s operating regions as of February 3November 30, 2005 ( 2011 (the “Separate Balance Sheet Data”). The Separate Operations Data and the Separate Balance Sheet Data have been compiled from source books, records and financial reports of Albertson’s BioScrip and its Subsidiaries. Such source books, records and financial reports were prepared by Albertson’s BioScrip in the ordinary course of its business, are complete and accurate in all material respects and were subject to Albertson’s BioScrip internal controls. The allocations of the Separate Operations Data among the New Diamond Business, the Standalone Drug Business and the Retained Business are consistent with Section 2.13(a)(i2.12(a) of the Disclosure Letter and the allocations of the Separate Balance Sheet Data are allocated in the manner described in Section 2.13(a)(ii2.12(b) of the Disclosure Letter. The Separate Balance Sheet Data and the Separate Operations Data were prepared, in all material respects in accordance with GAAP as in effect as of the date of this Agreement (except that the Separate Balance Sheet Data and the Separate Operations Data do not contain footnotes), to the extent included therein, reconcile to Albertson’s BioScrip historical financial statements filed with the SEC and, in Albertson’s opinion, Securities and Exchange Commission and present fairly, in all material respects, the information presented in the Separate Balance Sheet Data and the Separate Operations Data, respectively, in each case, applied on a basis consistent with the preparation of the Selling Parties’ 2010 consolidated year end financial statements. Subject to the changes in accounting principles and methodologies effected by Albertson’s BioScrip as described in all forms, reports, statements, certifications and other documents (including all exhibits, supplements and amendments thereto) required to be filed or furnished by it with the Company Securities and Exchange Commission within the last two years (the “BioScrip SEC Reports (as defined in the Merger AgreementReports”), the accounting principles and methodologies used in the preparation of the Separate Operations Data were applied on a consistent basis, in all material respects, for each of the periods presented therein. Set forth in Section 2.13(a)(iii) of the Disclosure Letter are selected assets and liabilities included in the Purchased Assets and Assumed Liabilities, which schedule was prepared by Sellers and was compiled from source books, records and financial reports of Albertson’s and its Subsidiaries. Such source books, records and financial reports were prepared by Albertson’s in the ordinary course of its business, are accurate in all material respects and were subject to Albertson’s internal controls.