Common use of Financial Statements; Solvency Clause in Contracts

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition of the Borrower on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries involving material amounts, known to the officers of the Borrower or the Guarantor, which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries and Old WMI and its Subsidiaries dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries, and Old WMI and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations operation for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, present the financial condition of the Borrower and its Subsidiaries on a consolidated basis basis, or Old WMI and its Subsidiaries on a consolidated basis, as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries or Old WMI and its Subsidiaries involving material amounts, known to the officers of the Borrower or the Guarantor, Old WMI which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations operation for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition of the Borrower and its Subsidiaries on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries involving material amounts, known to the officers of the Borrower or the Guarantor, Guarantor which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks Lenders consolidated balance sheets of the Borrower Waste Management, Inc. dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountantsindependent auditors permitted under the U.S. Credit Agreement from time to time. In addition, there have been furnished to the Banks Lenders consolidated balance sheets of the Borrower Waste Management, Inc. and its Subsidiaries (including the Borrower) dated the Interim Balance Sheet Date and the related consolidated statements of operations for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition of the Borrower Waste Management, Inc. on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower Waste Management, Inc. and its Subsidiaries involving material amounts, known to the officers of any of the Borrower or the GuarantorObligors, which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the BanksLenders.

Financial Statements; Solvency. (a) There have been furnished to the Banks Lenders consolidated balance sheets of the Borrower WMI dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks Lenders consolidated balance sheets of the Borrower WMI and its Subsidiaries (including the Borrowers) dated the Interim Balance Sheet Date and the related consolidated statements of operations for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition of the Borrower WMI on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower WMI and its Subsidiaries involving material amounts, known to the officers of any of the Borrower or the GuarantorObligors, which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the BanksLenders.

Financial Statements; Solvency. (a) There have has been furnished to the Banks (i) unaudited consolidated balance sheets financial statements of the Borrower Parent dated the Balance Sheet Date Date, including reconciliations of (A) the Borrowers and the MasTec International Group (excluding that portion of assets, liabilities, income and expenses attributable to the Sintel Group) and (B) the Sintel Group to the consolidated financial statements of operations for the fiscal periods then endedParent, certified by the Accountants. In addition, there have been furnished to the Banks and (ii) an unaudited consolidated balance sheets sheet and statement of income of the Borrower and its Subsidiaries Parent dated the Interim Balance Sheet Date Date, including reconciliations of (A) the Borrowers (excluding that portion of assets, liabilities, income and expenses of the related Parent attributable to non-Borrowers) and (B) the non-Borrowers to the consolidated balance sheet and statement of income of the Parent. Said financial statements of operations for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, but only to the extent that GAAP is applicable to interim unaudited reports), and fairly present, present in all material respects, respects the financial condition of the Borrower Borrowers, on a consolidated basis basis, as at the close of business on the dates thereof and the results of operations for the periods period then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries Borrowers as of such date involving material amounts, amounts known to the officers of the Borrower or the Guarantor, Borrowers which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to thereto, as the Bankscase may be.

Financial Statements; Solvency. (a) There have has been furnished to the Banks (i) consolidated and consolidating balance sheets of the Borrower Parent and its Subsidiaries dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods year then ended, certified by the Accountants. In addition, there have been furnished Xxxxxx Xxxxxxxx & Co. or an independent accounting firm of national standing acceptable to the Banks (the "Accountants"), (ii) unaudited consolidated balance sheets of the Borrower Parent and its Subsidiaries dated the Interim Balance Sheet Date and unaudited consolidated and consolidating statements of operations for the related period then ended, and (iii) unaudited consolidated balance sheets of KTI and its Subsidiaries dated the Interim KTI Balance Sheet Date and unaudited consolidated statements of operations for the fiscal quarter ending on the Interim Balance Sheet Dateperiod then ended. All said Said balance sheets and statements of operations have been prepared in accordance with GAAP (butGAAP, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, present in all material respects, respects the financial condition of the Borrower Parent and its Subsidiaries, on a consolidated basis basis, and KTI and its Subsidiaries, on a consolidated basis, as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower Borrowers, or of KTI and its Subsidiaries Subsidiaries, as of such dates involving material amounts, known to the officers of the Borrower or the Guarantor, Borrowers which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to thereto, as the Bankscase may be.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower Company dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower Company and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition of the Borrower Company and its Subsidiaries on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower Borrowers and its their Subsidiaries involving material amounts, known to the officers of the any Borrower or the Guarantor, which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets sheet of the Borrower dated the Balance Sheet Date and consolidated statements of operations and cash flows for the fiscal periods year then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets sheet of the Borrower and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations and cash flows for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations and cash flows have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition position of the Borrower and its Subsidiaries on a consolidated basis as at the close of business on the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries involving material amounts, known to the officers of the Borrower or the Guarantor, which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have has been furnished to the Banks (i) audited consolidated balance sheets of the Borrower dated the Balance Sheet Date and consolidated financial statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and , certified by Arthxx Xxxexxxx XXX or other independent accounting firm of national standing reasonably acceptable to the Banks (the "Accountants"), (ii) unaudited consolidated financial statements of operations the Borrower and its Subsidiaries dated the Company Balance Sheet Date, and (iii) forecasted consolidated financial statements, taking into account the Astrotech Merger, dated June 30, 1997. Said financial statements have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent that GAAP is applicable to interim unaudited reports), and fairly present, present in all material respects, respects the financial condition of the Borrower and its Subsidiaries, or (to the best knowledge of the Borrower after due inquiry) Astrotech and its subsidiaries, as the case may be, on a consolidated basis basis, as at the close of business on the dates date thereof and the results of operations for the periods period then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower Astrotech and its Subsidiaries subsidiaries involving material amounts, known to the officers of the Borrower, or of the Borrower or the Guarantor, and its Subsidiaries which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower Company dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower Company and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition of the Borrower Company and its Subsidiaries on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower Company and its Subsidiaries involving material amounts, known to the officers of the Borrower Company or the Guarantor, which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations operation for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, present the financial condition of the Borrower and its Subsidiaries on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries involving material amounts, known to the officers of the Borrower or the Guarantor, which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Balance Sheet Date and consolidated statements of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations operation for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, present the financial condition of the Borrower and its Subsidiaries on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries involving material amounts, known to the officers of the Borrower or the Guarantor, Guarantor which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.

Financial Statements; Solvency. (a) There have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Balance Sheet Date and consolidated statements 48 -42- of operations for the fiscal periods then ended, certified by the Accountants. In addition, there have been furnished to the Banks consolidated balance sheets of the Borrower and its Subsidiaries dated the Interim Balance Sheet Date and the related consolidated statements of operations operation for the fiscal quarter ending on the Interim Balance Sheet Date. All said balance sheets and statements of operations have been prepared in accordance with GAAP (but, in the case of any of such financial statements which are unaudited, only to the extent GAAP is applicable to interim unaudited reports), and fairly present, in all material respects, the financial condition of the Borrower and its Subsidiaries on a consolidated basis as at the close of business on the dates thereof and the results of operations for the periods then ended, subject, in the case of unaudited interim financial statements, to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. There are no contingent liabilities of the Borrower and its Subsidiaries involving material amounts, known to the officers of the Borrower or the Guarantor, Guarantor which have not been disclosed in said balance sheets and the related notes thereto or otherwise in writing to the Banks.