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

Financial Statements; Financial Condition; Undisclosed Liabilities. (a) The audited consolidated balance sheets of the Parent as at December 31, 2008, December 31, 2009 and December 31, 2010 and the related consolidated statements of operations and of cash flows for the fiscal years ended on such dates, reported on by and accompanied by, in the case of the annual financial statements, an unqualified report from Deloitte & Touche LLP, present fairly the consolidated financial condition of the Parent as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). Neither the Parent nor any of its Subsidiaries has any material guarantee obligations, contingent liabilities or liabilities for Taxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the financial statements referred to in the preceding sentence (it being understood that with respect to guarantee obligations, the underlying debt is so reflected).

Appears in 3 contracts

Samples: Credit Agreement (Oaktree Capital Management Lp), Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)

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Financial Statements; Financial Condition; Undisclosed Liabilities. (a) The audited consolidated balance sheets of the Parent as at December 31, 2008, December 31, 2009 and December 31, 2010 and the related consolidated statements of operations and of cash flows for the fiscal years ended on such dates, reported on by and accompanied by, in the case of the annual financial statements, an unqualified report from Deloitte & Touche LLP, present fairly the consolidated financial condition of the Parent as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). Neither the Parent nor any of its Subsidiaries has any material guarantee obligations, contingent liabilities or and liabilities for Taxestaxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the financial statements referred to in the preceding sentence (it being understood that with respect to guarantee obligations, the underlying debt is so reflected).

Appears in 2 contracts

Samples: Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)

Financial Statements; Financial Condition; Undisclosed Liabilities. (a) The audited consolidated balance sheets of the Parent Borrower as at December 31, 20082007, December 31, 2008 and December 31, 2009 and December the unaudited consolidated balance sheets of the Borrower as at March 31, 2010 and the related consolidated statements of operations and of cash flows for the fiscal years or quarters, as the case may be, ended on such dates, reported on by and accompanied by, in the case of the annual financial statements, an unqualified report from Deloitte & Touche LLP, present fairly the consolidated financial condition of the Parent Borrower as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years or quarters, as the case may be, then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). Neither the Parent Borrower nor any of its Subsidiaries has any material guarantee obligations, contingent liabilities or and liabilities for Taxestaxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the financial statements referred to in the preceding sentence (it being understood that with respect to guarantee obligations, the underlying debt is so reflected).

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp / MI)

Financial Statements; Financial Condition; Undisclosed Liabilities. (a) The audited consolidated balance sheets of the Parent Borrower as at December 31, 2008, December 31, 2009 2003 and December 31, 2010 2004 and the unaudited consolidated balance sheets of the Borrower as at September 30, 2005 and the related consolidated statements of operations and of cash flows for the fiscal years or portion of the fiscal year, as the case may be, ended on such dates, reported on by and accompanied by, in the case of the annual financial statements, an unqualified report from Deloitte Ernst & Touche Young LLP, present fairly the consolidated financial condition of the Parent Borrower as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years or quarters, as the case may be, then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). Neither the Parent Borrower nor any of its Subsidiaries has any material guarantee obligations, contingent liabilities or and liabilities for Taxestaxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the financial statements referred to in the preceding sentence (it being understood that with respect to guarantee obligations, the underlying debt is so reflected).

Appears in 1 contract

Samples: Credit Agreement (Todco)

Financial Statements; Financial Condition; Undisclosed Liabilities. (a) The audited consolidated balance sheets of the Parent Borrower as at December 31, 20082002, December 31, 2009 2003 and December 31, 2010 2004 and the unaudited consolidated balance sheets of the Borrower as at June 30, 2005 and the related consolidated statements of operations and of cash flows for the fiscal years or quarters, as the case may be, ended on such dates, reported on by and accompanied by, in the case of the annual financial statements, an unqualified report from Deloitte & Touche LLP, present fairly the consolidated financial condition of the Parent Borrower as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years or quarters, as the case may be, then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). Neither the Parent Borrower nor any of its Subsidiaries has any material guarantee obligations, contingent liabilities or and liabilities for Taxestaxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the financial statements referred to in the preceding sentence (it being understood that with respect to guarantee obligations, the underlying debt is so reflected).

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp/)

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Financial Statements; Financial Condition; Undisclosed Liabilities. (a) The audited consolidated balance sheets of the Parent Borrower as at December 31, 20082007, December 31, 2008 and December 31, 2009 and December 31the unaudited consolidated balance sheets of the Borrower as at June 30, 2010 and the related consolidated statements of operations and of cash flows for the fiscal years or quarters, as the case may be, ended on such dates, reported on by and accompanied by, in the case of the annual financial statements, an unqualified report from Deloitte & Touche LLP, present fairly the consolidated financial condition of the Parent Borrower as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years or quarters, as the case may be, then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). Neither the Parent Borrower nor any of its Subsidiaries has any material guarantee obligations, contingent liabilities or and liabilities for Taxestaxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the financial statements referred to in the preceding sentence (it being understood that with respect to guarantee obligations, the underlying debt is so reflected).

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp / MI)

Financial Statements; Financial Condition; Undisclosed Liabilities. (a) The audited consolidated balance sheets of the Parent Borrower as at December 31, 2008, December 31, 2009 2002 and December 31, 2010 2003 and the unaudited consolidated balance sheets of the Borrower as at March 31, 2004 and the related consolidated statements of operations and of cash flows for the fiscal years or quarters, as the case may be, ended on such dates, reported on by and accompanied by, in the case of the annual financial statements, by an unqualified report from Deloitte & Touche LLP, present fairly the consolidated financial condition of the Parent Borrower as at such date, and the consolidated results of its operations and its consolidated cash flows for the respective fiscal years or quarters, as the case may be, then ended. All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein). Neither the Parent Borrower nor any of its Subsidiaries has any material guarantee obligations, contingent liabilities or and liabilities for Taxestaxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the financial statements referred to in the preceding sentence (it being understood that with respect to guarantee obligations, the underlying debt is so reflected).

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp/)

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