Common use of Financial Statements; Material Liabilities Clause in Contracts

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note copies of the financial state- ments of the Company and its Subsidiaries listed on Schedule 5.6. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto).

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company Xxxxxx REIT and its Subsidiaries listed on Schedule 5.65.5. All of said such financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company Xxxxxx REIT and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustmentsadjustments and the absence of footnotes). The Company Xxxxxx REIT and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said such financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP Generally Accepted Accounting Principles consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to filed with the holder of each Note SEC and made available on its web site copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said The financial statements listed on Schedule 5.5 (including in each case the related schedules and notes, except for the absence of footnotes applicable to quarterly financial statements generally) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule 5.5 and the consolidated results of their its operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do does not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5 to the Second Supplement. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule 5.5 and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.6SCHEDULE 5.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule financial statements and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note copies of the financial state- ments of the Company and its Subsidiaries listed on Schedule 5.6. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto).. 5

Financial Statements; Material Liabilities. The Company has Obligors have delivered to the holder of each Note Purchaser copies of the consolidated financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the consolidated financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule financial statements and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates or the periods presented as specified in such Schedule financial statements and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the consolidated financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule financial statements and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The To the best knowledge of the Company, the Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5 to the First Supplement. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule 5.5 and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the consolidated financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule financial statements and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustmentsadjustments and the absence of certain footnotes). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of you and each Note Other Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustmentsadjustments and the absence of footnotes). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the consolidated financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said such financial statements (including in each case the related schedules and notes) fairly present present, in all material respects respects, the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustmentsadjustments and the absence of footnotes). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered or otherwise made available to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP -5- consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto).Documents. Section 5.6

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries filed with the SEC listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material Material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule 5.5 and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Parent, Company and its their Subsidiaries listed on Schedule 5.65.5. All of said such financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Parent, Company and its their Subsidiaries as of the respective dates specified in such Schedule and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Parent, Company and its their Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule financial statements and the consolidated results of their its operations and and, with respect to all year‑end financial statements, the cash flows flows, in each case for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to the absence of footnotes and to normal year-end year‑end adjustments). The Company and its Subsidiaries do does not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5 to the Third Supplement. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule 5.5 and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5 to the Fourth Supplement. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule 5.5 and the consolidated results of their operations and cash flows for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to normal year-end adjustments). The Company and its Subsidiaries do not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Note Purchaser copies of the financial state- ments statements of the Company and its Subsidiaries listed on Schedule 5.65.5. All of said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the respective dates specified in such Schedule financial statements and the consolidated results of their its operations and and, with respect to all year-end financial statements, the cash flows flows, in each case for the respective periods so specified and have been prepared in accordance with GAAP consistently applied throughout the periods involved except as set forth in the notes thereto (subject, in the case of any interim financial statements, to the absence of footnotes and to normal year-end year‑end adjustments). The Company and its Subsidiaries do does not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents (including Schedule 5.3(b) hereto)Documents.