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 unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 19, 2008, and the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for such fiscal quarter of the Borrower, copies of which have been furnished to the Lenders prior to the Effective Date, in each case, present fairly in all material respects the 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 generally accepted accounting principles and practices consistently applied (except, in the case of the aforementioned unaudited financial statements, for normal year-end audit adjustments and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal quarter year ended on December 31, 2006, and the consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal quarter ended on April 19September 30, 2008, 2007 and (in each case) the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for such fiscal year or fiscal quarter of ended on such dates, as the Borrowercase may be, copies of which have been furnished to the Administrative Agent and the Lenders prior to the Effective Date, in each case, present fairly in all material respects the consolidated financial condition position of the Borrower and its Subsidiaries, 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 generally accepted accounting principles and practices GAAP consistently applied (except, in the case of the aforementioned unaudited quarterly financial statements, for normal year-end audit adjustments and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal quarter year ended on December 31, 2006, and the consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal quarter ended on April 19September 30, 2008, 2007 and (in each case) the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for such fiscal year or fiscal quarter of ended on such dates, as the Borrowercase may be, copies of which have been furnished to the Administrative Agent and the Lenders prior to the Original Effective Date, in each case, present fairly in all material respects the consolidated financial condition position of the Borrower and its Subsidiaries, 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 generally accepted accounting principles and practices GAAP consistently applied (except, in the case of the aforementioned unaudited quarterly financial statements, for normal year-end audit adjustments and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The unaudited audited consolidated balance sheet of the Borrower Company and its Subsidiaries for the fiscal quarter year of the Borrower Company ended on April 19November 30, 2008, 2006 and the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower Company and its Subsidiaries for such fiscal year, and (ii) the unaudited consolidated balance sheet of the Company and its Subsidiaries for the fiscal quarter of the BorrowerCompany ended February 28, 2007 and the related consolidated statements of income and cash flows of the Company and its Subsidiaries for such fiscal quarter, copies of which in each case have been furnished to the Lenders Administrative Agent and each Lender prior to the Effective Closing Date, in each case, present fairly in all material respects the consolidated financial condition of the Borrower Company and its Subsidiaries, 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 generally accepted accounting principles and practices consistently applied (exceptapplied, except to the extent provided in the case of the aforementioned unaudited notes to said financial statements, for normal year-end audit adjustments and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The To the extent delivered, if any, the unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the fiscal quarter of the Borrower ended on April 19March 31, 20082013, and the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for such fiscal quarter of the Borrower, copies of which have been furnished to the Lenders prior to the Effective Date, in each case, present fairly in all material respects the 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 generally accepted accounting principles and practices consistently applied (except, in the case of the aforementioned unaudited financial statements, for normal year-end audit adjustments and the absence of footnotes).

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) (i) The unaudited consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal quarter year ended on December 31, 2009, and the consolidated balance sheet of the Borrower and its Subsidiaries for the Borrower’s fiscal quarter ended on April 19March 31, 2008, 2010 and (in each case) the related consolidated statements of income, cash flows and shareholders’ equity of the Borrower and its Subsidiaries for such fiscal year or fiscal quarter of ended on such dates, as the Borrowercase may be, copies of which have been furnished to the Agent and the Lenders prior to the Effective Date, in each case, present fairly in all material respects the consolidated financial condition position of the Borrower and its Subsidiaries, 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 generally accepted accounting principles and practices GAAP consistently applied (except, in the case of the aforementioned unaudited quarterly financial statements, for normal year-end audit adjustments and the absence of footnotes).