Common use of Financial Statements and Condition Clause in Contracts

Financial Statements and Condition. The Borrower's audited consolidated financial statements as of January 31, 1996, and its unaudited consolidated financial statements as of July 31, 1996, as heretofore furnished to the Banks, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Borrower and its Subsidiaries as of such dates and the results of their operations and their statement of cash flows for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Since July 31, 1996, no Adverse Event has occurred.

Financial Statements and Condition. The Borrower's ’s audited consolidated financial statements as of January at December 31, 19962007, and its the Borrower’s unaudited consolidated quarterly financial statements as of July at March 31, 19962008, as heretofore furnished to the Banks, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Borrower and its the Subsidiaries as of at such dates and the results of their operations and their statement of cash flows for the respective periods fiscal year then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since July December 31, 19962007, no Adverse Event has occurred.

Financial Statements and Condition. The Borrower's Parent’s audited consolidated financial statements as of January December 31, 19962006, and its the Borrower’s unaudited consolidated quarterly financial statements as of July 31at June 30, 19962007, as heretofore furnished to the Banks, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Parent, the Borrower and its the Subsidiaries as of at such dates and the results of their operations and their statement of cash flows for the respective periods fiscal year then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since July December 31, 19962006, no Adverse Event has occurred.

Financial Statements and Condition. The Borrower's audited consolidated financial statements as of January 31at April 24, 1996, 1999 and its unaudited consolidated financial statements as of July 31at January 21, 19962000, as heretofore furnished to the Banks, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Borrower and its Subsidiaries as of at such dates and the results of their operations and their statement of cash flows changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Since July 31April 24, 19961999, no Adverse Event has occurred.

Financial Statements and Condition. The Borrower's Parent’s audited consolidated financial statements as of January December 31, 19962007, and its the Borrower’s unaudited consolidated quarterly financial statements as of July 31at September 30, 19962008, as heretofore furnished to the Banks, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Parent, the Borrower and its the Subsidiaries as of at such dates and the results of their operations and their statement of cash flows for the respective periods fiscal year then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since July December 31, 19962007, no Adverse Event has occurred.