Financial Statements; Full Disclosure. (a) The Financial Statements of KKR present fairly the financial position of KKR and its consolidated Subsidiaries as of the dates thereof and the results of their respective operations for the periods then ended. Except as otherwise disclosed in the footnotes thereto, the audited Financial Statements of KKR have been prepared in accordance with GAAP and with Regulation S-X. Except as otherwise disclosed in the footnotes thereto, the unaudited Financial Statements of KKR have been prepared in a manner consistent with the audited Financial Statements of KKR and in accordance with GAAP for interim financial information and with Regulation S-X and include all adjustments (consisting of normal recurring accruals) that are necessary for a fair presentation.
(b) KKR has timely filed all KKR SEC Documents, each of which complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act as of the dates so filed. None of the KKR SEC Documents (as of their respective filing dates) contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. None of the KKR Subsidiaries is required to file any forms, reports or other documents with the Commission.
(c) No representation or warranty by KKR or any of the KKR Subsidiaries in any of the Documents, and no statement contained in any written materials furnished by or on behalf of KKR or its Subsidiaries to contains or will contain any untrue statement of a material fact, or omits or will omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made or will be made, not misleading.
Financial Statements; Full Disclosure. The financial statements of the Borrowers for the fiscal year ending December 31, 2001, which have been supplied to Lender, have been prepared in accordance with GAAP and fairly represent each Borrower's financial condition as of such date. The interim financial statements of each Borrower for the period ending October 31, 2002, respectively which have been supplied to Lender have been prepared in good faith and accurately represent each Borrower's financial condition as of the dates of such financial information, subject to year-end and audit adjustments. None of the financial information referred to in this Section and none of the written statements furnished by any Borrower to Lender in connection with obtaining the Loan, taken as a whole, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. Each Borrower has disclosed to Lender in writing all facts, including without limitation, all pending or threatened claims or litigation, which are reasonably likely to have a Material Adverse Effect. No Borrower knows of any fact or circumstances existing which has had, shall have or is reasonably likely to have a Material Adverse Effect.
Financial Statements; Full Disclosure. The audited financial statements of the Company for the fiscal year ending December 31, 2000, which have been supplied to the Administrative Agent and to the Banks, have been prepared in accordance with generally accepted accounting principles consistently applied ("GAAP") and fairly represent the financial condition of the Company as of such date. The financial analyses, reports, business plans, projections and pro forma financial statements of the Company which have been supplied to the Administrative Agent are based on reasonable, good faith assumptions about the Company's financial condition and projected financial condition as of the dates of such financial information or projections. To the knowledge of the Company, no adverse change has occurred which would materially and adversely alter any such analyses, reports, business plans, financial statements, projections or assumptions. The financial statements, analyses, projections and other reports referred to in this Section 3.5 do not, nor does this Agreement or any written statement furnished by the Company to the Administrative Agent or to the Banks in connection with obtaining the Loans, contain any untrue statement of a material fact, each as of the date thereof.
Financial Statements; Full Disclosure. The Companies' consolidated financial statements for the fiscal year ending December 31, 1994, December 31, 1995, and December 31, 1996, which have been supplied to the Bank have been prepared in accordance with generally accepted accounting principles consistently applied and fairly represent the Company's consolidated financial condition as of such dates. No material adverse change in each Company's financial condition has occurred since the date of the latest financial statement. The financial statements referred to in this paragraph do not, nor does this Agreement or any written statement furnished by each Company to the Bank in connection with obtaining the Revolving Line of Credit, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. Each Company has disclosed to the Bank in writing all facts which materially affect the properties, business, prospects, profits or condition (financial or otherwise) of each Company or the ability of each Company to perform this Agreement.
Financial Statements; Full Disclosure. The financial statements for the Fiscal Year ending December 31, 2005, which have been supplied to the Senior Administrative Agent and the Lenders on or prior to the date hereof, have been prepared in accordance with GAAP and fairly represent the consolidated financial condition of the Company and its consolidated Subsidiaries as of such date, and the financial statements for the interim period ending September 30, 2006 (as amended by the Restatement of Earnings dated October 31, 2006 applicable to the financial statements of the Company and its Subsidiaries for the interim periods ending March 31, 2006 and June 30, 2006), which have been supplied to the Senior Administrative Agent and the Lenders prior to the date hereof, fairly represent the consolidated financial condition of the Company and its consolidated Subsidiaries as of such date. No material adverse change in the consolidated financial condition of the Company and its consolidated Subsidiaries or other event or circumstance which has had, or is reasonably likely to have, a Material Adverse Effect has occurred since such dates. The financial statements referred to in this paragraph do not, nor does this Agreement or any written statement furnished by the Company or any Subsidiary to the Senior Administrative Agent and the Lenders in connection with obtaining the Loans and Letters of Credit, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. The Company has disclosed to the Senior Administrative Agent and the Lenders on Schedule 7.6 all facts, including, without limitation, all pending litigation, administrative proceedings, and arbitration proceedings, which may or is likely to have a Material Adverse Effect.
Financial Statements; Full Disclosure. The consolidated financial statements of Borrower and its Subsidiaries for the fiscal year ending December 31, 2011 which have been supplied to Lender, have been prepared in accordance with GAAP and fairly represent the financial condition of the Borrower and its Subsidiaries as of such date on a consolidated basis. The interim consolidated financial statements of the Borrower and its Subsidiaries for the period ending March 31, 2012, which have been supplied to Lender, have been prepared in good faith and accurately represent the financial condition of the Borrower and its Subsidiaries as of the dates of such financial information, subject to year-end and audit adjustments. The Borrower does not know of any existing fact or circumstances which has had, shall have or is reasonably likely to have a Material Adverse Effect.
Financial Statements; Full Disclosure. The financial statements for the fiscal year ending December 31, 1998, which have been supplied to the Bank, have been prepared in accordance with GAAP and fairly represent the Borrower's financial condition as of such date, and the financial statements for the interim period ending _____________, 1999, which have been supplied to the Bank, fairly represent the Borrower's financial condition as of such date. No material adverse change in the Borrower's financial condition has occurred since such dates. The financial statements referred to in this paragraph do not, nor does this Agreement or any written statement furnished by the Borrower to the Bank in connection with obtaining the Loans, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. The Borrower has disclosed to the Bank in writing all facts, including, without limitation, all pending litigation, administrative proceedings, and arbitration proceedings, which materially affect the properties, business, prospects, profits or condition (financial or otherwise) of the Borrower or the ability of the Borrower to perform this Agreement.
Financial Statements; Full Disclosure. The financial statements for the fiscal year ending December 31, 1997, which have been supplied to the Administrative Agent and the Lenders on or prior to the date hereof, have been prepared in accordance with GAAP and fairly represent the Company's consolidated financial condition as of such date, and the financial statements for the interim period ending March 31, 1998, which have been supplied to the Administrative Agent and the Lenders prior to the date hereof, fairly represent the Company's consolidated financial condition as of such date. No material adverse change in the Company's consolidated financial condition has occurred since such dates. The financial statements referred to in this paragraph do not, nor does this Agreement or any written statement furnished by the Company to the Administrative Agent and the Lenders in connection with obtaining the Revolving Loans and the Letters of Credit, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. The Company has disclosed to the Administrative Agent and the Lenders in writing all facts, including, without limitation, all pending litigation, administrative proceedings, and arbitration proceedings, which may or is likely to have a Material Adverse Effect.
Financial Statements; Full Disclosure. The financial statements for the fiscal year ending December 31, 1998, and the fiscal period ending November 30, 1999, which have been supplied to the Bank have been prepared in accordance with GAAP and fairly represent the Companies' financial condition as of such date. No material adverse change in the Companies' financial condition has occurred since November 30, 1999, other than the Companies' consolidated operating loss in the amount of $1,525,000 in December, 1999. In addition, the financial analyses, reports, business plans, projections, and pro forma financial statements, dated March 22, 2000, and covering fiscal periods ending December 31, 2000, which have been supplied to the Bank, have been prepared in accordance with GAAP and are based on reasonable, good faith assumptions about the Company's financial condition and projected financial condition as of the dates of such financial information or projections. Furthermore, based upon the financial projections provided to the Bank from time to time pursuant to Section 11 hereof, no set of facts or circumstances is projected to exist during the period or periods covered by such projections that, upon the giving of notice, the lapse of time, or any one or more of the foregoing, would constitute an Event of Default. The financial statements and the financial analyses, reports, business plans, projections and information referred to in this paragraph do not, nor does this Agreement or any written statement furnished by the Companies to the Bank in connection with obtaining the Loan, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. The Companies have disclosed to the Bank in writing or orally all facts which materially affect the properties, business, prospects, profits or condition (financial or otherwise) of the Companies or the ability of the Companies to perform this Agreement.
Financial Statements; Full Disclosure. The audited financial statements for the fiscal year ending December 31, 1995, which have been supplied to the Bank, have been prepared in accordance with generally accepted accounting principles consistently applied, and fairly represent the Borrower's financial condition as of such date. No material adverse change in the Borrower's financial condition has occurred since that date. Neither the financial statements referred to in this Section 3.5, nor this Agreement, nor any written analyses, reports, business plans, projections or other statements furnished by the Borrower to the Bank in connection with obtaining the Loans contain any untrue statement of a material fact or omit a material fact necessary to make statements contained therein or herein not misleading.
