Common use of Financial Statements; Material Liabilities Clause in Contracts

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT and its Subsidiaries listed on Schedule 5.5. All of such financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of 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 adjustments and the absence of footnotes). Xxxxxx REIT and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Purchaser Note copies of the financial statements state- ments of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.55.6. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT The Company and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure DocumentsDocuments (including Schedule 5.3(b) hereto).

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.55.5 to the Second Supplement. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered or otherwise made available to each Purchaser copies of the financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.. Section 5.6

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.55.5 to the First Supplement. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the consolidated financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on in Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 the absence of footnotes and normal year-end adjustments and the absence of footnotesadjustments). Xxxxxx REIT The Company and its Subsidiaries do not have any Material material liabilities that are were not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents.

Financial Statements; Material Liabilities. The Company has Obligors have delivered to each Purchaser copies of the consolidated financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to you and each Other Purchaser copies of the financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotes). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the consolidated financial statements of Xxxxxx REIT and its Subsidiaries the Company listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of certain footnotes). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.55.5 to the Third Supplement. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the consolidated financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT and its Subsidiaries the Company listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT and its Subsidiaries the Company 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 normal year-end adjustments and the absence of footnotesfootnotes and to normal year‑end adjustments). Xxxxxx REIT and its Subsidiaries do The Company does not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule SCHEDULE 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the consolidated financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to the holder of each Purchaser Note copies of the financial statements state- ments of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.55.6. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT The Company and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents.Documents (including Schedule 5.3(b) hereto). 5

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the consolidated financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.5. All of such financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 the absence of footnotes and normal year-end adjustments and the absence of footnotesadjustments). Xxxxxx REIT The Company and its Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the consolidated financial statements of Xxxxxx REIT the Company and its Subsidiaries listed on Schedule 5.5. All of 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 Xxxxxx REIT 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 and the absence of footnotes). Xxxxxx REIT 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.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT the Parent, Company and its their Subsidiaries listed on Schedule 5.5. All of such financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT 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 and the absence of footnotesadjustments). Xxxxxx REIT The Parent, Company and its their Subsidiaries do not have any Material liabilities that are not disclosed in the Disclosure Documents.

Financial Statements; Material Liabilities. The Company has delivered to each Purchaser copies of the financial statements of Xxxxxx REIT and its Subsidiaries the Company listed on Schedule 5.5. All of such said financial statements (including in each case the related schedules and notes) fairly present in all material respects the consolidated financial position of Xxxxxx REIT and its Subsidiaries the Company 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 normal year-end adjustments and the absence of footnotesfootnotes and to normal year‑end adjustments). Xxxxxx REIT and its Subsidiaries do The Company does not have any Material liabilities that are not disclosed on such financial statements or otherwise disclosed in the Disclosure Documents.