Common use of Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc Clause in Contracts

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal year of the Borrower ended January 2, 2021, and the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for the fiscal year of the Borrower ended on such date, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 24, 2021, and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on such dates, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date, in each case, present fairly in all material respects the consolidated financial condition of the Borrower and its Subsidiaries at the date of such balance sheets and the results of the operations of the Borrower and its Subsidiaries for the periods covered thereby. All of the foregoing financial statements have been prepared in accordance with GAAP consistently applied (except, in the case of the aforementioned unaudited financial statements, for normal year-end and audit adjustments and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet statements of financial condition of the Borrower and its Subsidiaries for the fiscal year as of the Borrower ended January 2December 31, 20211993, 1994 and 1995 and the related consolidated statements of income, income and cash flows flow and changes in shareholders’ ' equity of the Borrower Holdings and its Subsidiaries Subsidiaries, and the notes thereto for the fiscal year of the Borrower years ended on such date, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date dates and (ii) the unaudited consolidated balance sheet sheets of the Borrower and its Subsidiaries for the fiscal quarter as of the Borrower ended on April 24September 30, 20211996, and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries flow for the fiscal quarter of the Borrower nine-month period ended on such datesdate, copies of which have been in each case furnished or otherwise made available to the Lenders Banks prior to the Seventh Amendment Effective Date, in each case, present fairly in all material respects the consolidated financial condition of the Borrower Holdings and its Subsidiaries at the date of such balance sheets statements of financial condition and the results of the operations of the Borrower Holdings and its Subsidiaries for the periods covered therebyrespective Fiscal Year or nine-month period, as the case may be, described therein (subject, in the case of unaudited financial statements, to ordinary year-end adjustments). All of the foregoing such financial statements have been prepared in accordance with GAAP consistently applied (applied, except, in the case of the aforementioned unaudited financial nine-month statements, for normal the omission of footnotes and ordinary year-end and audit adjustments and adjustments. After giving effect to the absence Transaction, since December 31, 1995, there have been no circumstances or events the result of footnotes)which has had a Material Adverse Effect.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal year of the Borrower ended January 2December 31, 2021, 2003 and the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for the such fiscal year of the Borrower ended on such dateyear, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 24March 31, 2021, 2004 and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the such fiscal quarter of the Borrower ended on such datesquarter, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Datewhich, in each case, have been furnished to the Administrative Agent and each Bank prior to the Initial Borrowing Date, present fairly in all material respects the consolidated financial condition of the Borrower and its Subsidiaries at the date dates of such balance sheets said financial statements and the results of the operations of the Borrower and its Subsidiaries for the periods covered thereby, subject, in the case of the unaudited financial statements, to normal year-end adjustments. All of the foregoing such financial statements have been prepared in accordance with GAAP generally accepted accounting principles consistently applied (exceptapplied, except to the extent provided in the notes to said financial statements and subject, in the case of the aforementioned unaudited financial three-month statements, for to normal year-end and audit adjustments (all of which are of a recurring nature and none of which, individually or in the aggregate, would be material) and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet balanced sheets of the Borrower and its Subsidiaries Business for the fiscal year of the Borrower years and three month period ended January 2on December 31, 20211996, December 31, 1997 and March 31, 1998, respectively, and the related consolidated statements of income, cash flows and shareholders’ ' equity of the Borrower and its Subsidiaries Business for the fiscal year of or three month period, as the Borrower ended on such date, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 24, 2021, and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower case may be ended on such dates, copies of which have been furnished or otherwise made available to the Lenders Banks prior to the Seventh Amendment Effective Date, in each case, present fairly in all material respects the consolidated financial condition position of the Borrower and its Subsidiaries Business at the date dates of such balance sheets and the results of the operations of the Borrower and its Subsidiaries Business for the periods covered thereby. All of the foregoing historical financial statements have been prepared in accordance with GAAP generally accepted accounting principles consistently applied (exceptapplied. The PRO FORMA consolidated financial statements of Holdings and its Subsidiaries as of March 31, 1998, after giving effect to the Transaction, copies of which have been furnished to the Banks prior to the Effective Date, present fairly in all material respects the case PRO FORMA consolidated financial position of the aforementioned unaudited financial statementsHoldings and its Subsidiaries as March 31, for normal year-end and audit adjustments 1998 and the absence PRO FORMA consolidated results of footnotes)operations of Holdings and its Subsidiaries for the period covered thereby.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet statements of the Borrower financial condition of Holdings and its Subsidiaries for the fiscal year of the Borrower ended January 2at December 31, 2021, and the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for the fiscal year of the Borrower ended on such date, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 24, 2021, 1997 and the related consolidated statements of income and cash flows flow and changes in shareholders' equity of the Borrower Holdings and its Subsidiaries for the fiscal quarter of the Borrower year ended on such datesdate, copies of which have been and furnished or otherwise made available to the Lenders Banks prior to the Seventh Amendment Restatement Effective Date, and (ii) the consolidated balance sheet of Holdings and its Subsidiaries as of the end of the fiscal quarter of Holdings ended March 31, 1998, and the related consolidated statements of earnings, shareholder's equity and cash flows of Holdings and its Subsidiaries for such quarterly period, and furnished to the Banks prior to the Restatement Effective Date, in each case, case present fairly in all material respects the consolidated financial condition of the Borrower Holdings and its Subsidiaries at the date of such balance sheets statements of financial condition and the results of the operations of the Borrower Holdings and its Subsidiaries for the periods covered therebyrespective fiscal year or fiscal quarter, as the case may be (subject, in the case of unaudited financial statements, to normal year-end adjustments). All of the foregoing such financial statements have been prepared in accordance with GAAP and practices consistently applied (applied, except, in the case of the aforementioned unaudited financial quarterly and monthly statements, for normal year-the omission of footnotes, and certain reclassifications and ordinary end and audit of period adjustments and accruals (all of which are of a recurring nature and none of which individually, or in the absence of footnotesaggregate, would be material).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet of Holdings for the Borrower fiscal year ended on or nearest to December 27, 2002 and the draft audited balance sheets of Holdings, the Company and its Consolidated Subsidiaries for the fiscal year ended on or nearest to December 26, 2003 in the form required for Amendment No. 5 of the Borrower ended January 2, 2021, Registration Statement on Form S-1 for the initial public offering of Holdings (the "IPO Registration Statement Amendment") and the unaudited monthly balance sheets of Holdings as of January 23, 2004 and February 20, 2004 and, in each case, the related consolidated statements of income, cash flows and shareholders’ ' equity of Holdings, the Borrower Company and its Consolidated Subsidiaries for the fiscal year of the Borrower ended on such date, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 24, 2021, and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on such dates, copies of which have been furnished or otherwise made available to the Lenders Purchasers prior to the Seventh Amendment Effective Closing Date, in each case, present fairly in all material respects the consolidated financial condition position of Holdings, the Borrower Company and its Consolidated Subsidiaries at the date dates of such balance sheets and the results of the operations of Holdings, the Borrower Company and its Consolidated Subsidiaries for the periods covered thereby. All of the foregoing historical financial statements have been prepared in accordance with GAAP consistently applied (exceptapplied. The pro forma consolidated balance sheet of Holdings, the Company and its Consolidated Subsidiaries as of February 20, 2004, as if the Transactions and the other transactions contemplated by this Agreement had been effected as of such date, copies of which have been furnished to the Purchasers prior to the Closing Date, present fairly in all material respects the case pro forma consolidated financial position of the aforementioned unaudited financial statementsHoldings, for normal year-end the Company and audit adjustments and the absence its Consolidated Subsidiaries as of footnotes)February 20, 2004.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal year of the Borrower ended January 2December 28, 20212002, and the related consolidated statements of income, cash flows and shareholders’ ' equity of the Borrower and its Subsidiaries for the fiscal year of the Borrower ended on such date, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet sheets of the Borrower and its Subsidiaries for the fiscal quarter quarters of the Borrower ended on April 2419, 20212003 and July 12, 2003, and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the fiscal quarter quarters of the Borrower ended on such dates, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date, in each case, present fairly in all material respects the consolidated financial condition of the Borrower and its Subsidiaries at the date of such balance sheets and the results of the operations of the Borrower and its Subsidiaries for the periods covered thereby. All of the foregoing financial statements have been prepared in accordance with GAAP generally accepted accounting principles and practices consistently applied (except, in the case of the aforementioned unaudited financial statements, for normal year-end and audit adjustments and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet financial statements and financial statement schedules of the Borrower and its Subsidiaries, as of December 31, 2004, 2005 and 2006, filed with the SEC as part of the Borrower’s annual report on Form 10-K, fairly present in all material respects the consolidated results of operations of the Borrower and its Subsidiaries for the fiscal year respective Fiscal Years ended on such dates, and the consolidated financial position of the Borrower ended January 2and its Subsidiaries as at the dates of such balance sheets. Furthermore, 2021, and the related consolidated financial statements of incomethe Borrower and its Subsidiaries, cash flows as at March 31, 2007 and shareholders’ equity for the three-month period ended on such date, filed with the SEC as part of the Borrower’s quarterly report on Form 10-Q, fairly present in all material respects the consolidated results of operations of the Borrower and its Subsidiaries for the fiscal year of the Borrower three-month period ended on such date, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 24, 2021, and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on such dates, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Effective Date, in each case, present fairly in all material respects the consolidated financial condition position of the Borrower and its Subsidiaries at the date of such balance sheets and the results of the operations of the Borrower and its Subsidiaries for the periods covered therebysheet. All of the foregoing such financial statements have been prepared in accordance with GAAP consistently applied (exceptapplied, in the case of the aforementioned unaudited financial statements, for subject to normal year-end and audit adjustments and the absence of footnotes)footnotes in the case of the March 31, 2007 financial statements.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The audited consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal year ended on December 31, 2009, and the consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal quarter ended January 2on March 31, 2021, 2010 and (in each case) the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for the such fiscal year of the Borrower or fiscal quarter ended on such datedates, as the case may be, copies of which have been furnished or otherwise made available to the Administrative Agent and the Lenders prior to the Seventh Amendment Effective Date and (ii) the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 24, 2021, and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on such dates, copies of which have been furnished or otherwise made available to the Lenders prior to the Seventh Amendment Restatement Effective Date, in each case, present fairly in all material respects the consolidated financial condition position of the Borrower and its Subsidiaries at the date dates of such balance sheets and the consolidated results of the operations of the Borrower and its Subsidiaries for the periods covered thereby. All of the foregoing historical financial statements have been prepared in accordance with GAAP consistently applied (except, in the case of the aforementioned unaudited quarterly financial statements, for normal year-end and audit adjustments and the absence of footnotes).