Financial Statements; Material Adverse Change; Projections. Except as disclosed in writing by Borrower to Lender, all financial data and other information furnished by Borrower to Lender, will be taken from the books and records of Borrower and are true, accurate and correct in all material respects. The Financials fairly present the assets, liabilities and financial condition and results of operations of Borrower described therein as of the dates thereof and were prepared on a basis consistent with the preparation of the Borrower’s financial statements for prior periods; there are no omissions or other facts or circumstances which are or may be material as of the date of the Financials, and there has been no material and adverse change in the Collateral, assets, liabilities or financial condition of Borrower since the date of the Financials; there exist no outstanding advances to any Person not reflected in the Financials; except as set forth in the Financials, there are no actions or proceedings which are pending, or, to the best of Borrower's knowledge, threatened against Borrower; to the best of Borrower’s knowledge, there are no actions or proceedings which are pending or threatened against any other Person which might result in any material adverse change in Borrower’s financial condition or materially and adversely affect its operations, its assets or the Collateral; except as stated in the Financials Borrower has no other liabilities and has not guaranteed the obligations of any other Person. Any financial projections delivered to Lender by or on behalf of Borrower were, at the time of delivery to Lender, reasonable forecasts based upon good business judgment and all facts and information known to Borrower and its consultants.
Financial Statements; Material Adverse Change; Projections. Except as disclosed in writing by Borrower or its Subsidiaries to DIP Lender, all financial data and other information furnished by Borrower or its Subsidiaries to DIP Lender will be taken from the books and records of Borrower or its Subsidiaries, as applicable, and are true, accurate and correct in all material respects. The Financials fairly present the assets, liabilities and financial condition and results of operations of Borrower and its Subsidiaries described therein as of the dates thereof and were prepared on a basis consistent with the preparation of Borrower's and its Subsidiaries' financial statements for prior periods; there are no omissions or other facts or circumstances which are or may be material as of the date of the Financials, and there has been no material and adverse change in the Collateral, assets, liabilities or financial condition of Borrower or its Subsidiaries since the date of the Financials; there exist no outstanding advances to any Person not reflected in the Financials; except as set forth in the Financials, there are no actions or proceedings which are pending, or, to the best of Borrower's and its Subsidiaries' knowledge, threatened against Borrower or its Subsidiaries; to the best of Borrower's and its Subsidiaries' knowledge, there are no actions or proceedings which are pending or threatened against any other Person which might result in any material adverse change in Borrower's or its Subsidiaries' financial condition or materially and adversely affect its operations, its assets or the Collateral; except as stated in the Financials, neither Borrower nor its Subsidiaries have any other liabilities and have not guaranteed the obligations of any other Person. Any financial projections delivered to DIP Lender by or on behalf of Borrower or its Subsidiaries were, at the time of delivery to DIP Lender, reasonable forecasts based upon good business judgment and all facts and information known to Borrower, its Subsidiaries and its consultants.
