Common use of Future Financial Statements Clause in Contracts

Future Financial Statements. The financial statements --------------------------- delivered pursuant to Section 5.1(a), 5.1(b) or 5.1(c) shall be complete and correct and present fairly, in accordance with Generally Accepted Accounting Principles (except for changes therein or departures therefrom that are described in the certificate or report accompanying such statements and that have been approved in writing by the Borrower's then current independent certified public accountants), the consolidated and consolidating financial position of the Borrower and the Subsidiaries as at their respective dates and the consolidated and consolidating results of operations, retained earnings and cash flows of the Borrower and such Subsidiaries for the respective periods to which such statements relate, and the furnishing of the same to the Bank shall onstitute a representation and warranty by the Borrower made on the date the same are furnished to the Bank to that effect and to the further effect that, except as disclosed or reflected in such financial statements, as at the respective dates thereof, neither the Borrower nor any Subsidiary had any Liability, contingent or #90068563. otherwise, or any unrealized or anticipated loss, that, singly or in the aggregate, has had or might have a Materially Adverse Effect on the Borrower and the Consolidated Subsidiaries taken as a whole.

Future Financial Statements. The financial statements --------------------------- delivered pursuant to Section 5.1(a), 5.1(b6.01(a) or 5.1(c(b) shall be complete and correct and present fairlyfairly in all material respects, in accordance with Generally Accepted Accounting Principles GAAP (except for changes therein or departures therefrom that are described in the certificate or report accompanying such statements and that have been approved in writing by the Borrower's then current independent certified public accountants), the consolidated and consolidating financial position of the Borrower and the Consolidated Subsidiaries as at their respective dates and the consolidated and consolidating results of operations, retained earnings and cash flows of the Borrower and such Subsidiaries for the respective periods to which such statements relate, and the furnishing of the same to the Bank Banks shall onstitute constitute a representation and warranty by the Borrower made on the date the same are furnished to the Bank Banks to that effect and to the further effect that, except as disclosed or reflected in such financial statements, as at the respective dates thereofthereof or otherwise disclosed to each Bank pursuant to Section 6.01(f), neither the Borrower nor any Subsidiary had any Liability, contingent or #90068563. otherwise, or any unrealized or anticipated loss, that, singly or in the aggregate, has had or might could reasonably be expected to have a Materially Adverse Effect on the Borrower and the Consolidated Subsidiaries taken as a whole.

Future Financial Statements. The financial statements --------------------------- delivered by each Borrower pursuant to Section 5.1(a), 5.1(b5.01(a) or 5.1(c(b) shall be complete and correct and present fairly, in accordance with Generally Accepted Accounting Principles (except for changes therein or departures therefrom that are described in the certificate or report accompanying such statements and that have been approved in writing by the such Borrower's then current independent certified public accountants), the consolidated and consolidating financial position of the such Borrower and the its Consolidated Subsidiaries as at their respective dates and the consolidated and consolidating results of operations, retained earnings and cash flows of the Borrower and such Subsidiaries for the respective periods to which such statements relate, and the furnishing of the same to the Bank Banks shall onstitute constitute a representation and warranty by the such Borrower made on the date the same are furnished to the Bank Banks to that effect and to the further effect that, except as disclosed or reflected in such financial statements, as at the respective dates thereof, neither the such Borrower nor any Subsidiary thereof had any Liability, contingent or #90068563. otherwise, or any unrealized or anticipated loss, that, singly or in the aggregate, has had or might have a Materially Adverse Effect on the such Borrower and the its Consolidated Subsidiaries taken as a whole.

Future Financial Statements. The financial statements --------------------------- delivered pursuant to Section 5.1(a), 5.1(b5.01(a) or 5.1(c(b) shall be complete and correct and present fairly, in accordance with Generally Accepted Accounting Principles (except for changes therein or departures therefrom that are described in the certificate or report accompanying such statements and that have been approved in writing by the Borrower's ’s then current independent certified public accountantsaccountants)(subject, in the case of unaudited statements, to good faith year-end audit adjustments and the absence of auditor’s footnotes), the consolidated and consolidating financial position of the Borrower as at that date and the Subsidiaries as at their respective dates and the consolidated and consolidating results of operations, operations and retained earnings and cash flows of the Borrower and such Subsidiaries for the respective periods to which such statements relate, and the furnishing of the same to the Bank shall onstitute constitute a representation and warranty by the Borrower made on the date the same are furnished to the Bank to that effect and to the further effect that, except as disclosed or reflected in such financial statements, as at the respective dates thereof, neither the Borrower nor any Subsidiary had did not have any Liability, contingent or #90068563. otherwise, or any unrealized or anticipated loss, that, singly or in the aggregate, has had had, or might would reasonably be expected to have a Materially Adverse Effect on the Borrower and the Consolidated Subsidiaries taken as a wholeBorrower.

Future Financial Statements. The All financial statements --------------------------- delivered pursuant to Section 5.1(a), 5.1(b6.1(a) or 5.1(c(b) shall be complete and correct and present fairly, in accordance with Generally Accepted Accounting Principles (except for changes therein or departures therefrom that are described in the certificate or report accompanying such statements and that have been approved in writing by the Borrower's then current independent certified public accountants)consistently applied, the consolidated and consolidating financial position of the Borrower Parent and the Subsidiaries its Consolidated Subsidiaries, as at their respective dates and the consolidated earnings, shareholders' equity, and consolidating results of operations, retained earnings and consolidated cash flows of the Borrower Parent and such its Consolidated Subsidiaries for the respective periods to which such statements relaterelate (subject, in the case of the financial statements delivered pursuant to Section 6.1(a), to the absence of footnotes and normally recurring year-end adjustments), and the furnishing of the same to the Bank Banks shall onstitute constitute a representation and warranty by the Borrower Borrowers made on the date the same are furnished to the Bank Banks to that effect and to the further effect that, except as disclosed or reflected in such financial statements, as at the respective dates thereof, neither the Borrower Parent nor any Subsidiary of its Consolidated Subsidiaries had any Liabilityliability, contingent or #90068563. otherwise, or nor any unrealized or anticipated loss, that, singly or in the aggregate, has had or might have a Materially Adverse Effect on the Borrower Parent and the its Consolidated Subsidiaries Subsidiaries, taken as a whole.

Future Financial Statements. The financial statements --------------------------- delivered pursuant to Section 5.1(a), 5.1(b5.01(a) or 5.1(c(b) shall be complete and correct and present fairly, in accordance with Generally Accepted Accounting Principles (except for changes therein or departures therefrom that are described in the certificate or report accompanying such statements statement and that have been approved in writing by the Borrower's then current independent certified public accountants), the consolidated and consolidating financial position of the Borrower and the Consolidated Subsidiaries as at their respective dates and the consolidated and consolidating results of operations, retained earnings and cash flows of the Borrower and such Subsidiaries for the respective periods to which such statements relate, and the furnishing of the same to the Bank Banks shall onstitute constitute a representation and warranty by the Borrower made on the date the same are furnished to the Bank Banks to that effect and to the further effect that, except as disclosed or reflected in such financial statements, as at the respective dates thereof, neither the Borrower nor any Subsidiary had any Liability, contingent or #90068563. otherwise, or any unrealized or anticipated loss, that, singly or in the aggregate, has had or might have a Materially Adverse Effect on the Borrower and the Consolidated Subsidiaries taken as a whole.

Future Financial Statements. The financial statements --------------------------- delivered pursuant to Section 5.1(a), 5.1(bSECTION 7.01(A) or 5.1(c(B) shall be complete and correct and present fairly, in accordance with Generally Accepted Accounting Principles GAAP (except for (i) changes therein or departures therefrom that are described in the certificate or report accompanying such statements and that have been approved in writing by the Borrower's then current independent certified public accountants, (ii) normal year-end audit adjustments and (iii) in the case of financial statements delivered pursuant to SECTION 7.01(A), the absence of footnotes) the consolidated and and, if prepared by the Borrower, consolidating financial position of the Borrower and the Consolidated Subsidiaries as at their respective dates and the consolidated and and, if prepared by the Borrower, consolidating results of operations, retained earnings and cash flows of the Borrower and such Subsidiaries for the respective periods to which such statements relate, and the furnishing of the same to the Bank Lenders shall onstitute constitute a representation and warranty by the Borrower made on the date the same are furnished to the Bank Lenders to that effect and to the further effect that, except as disclosed or reflected in such financial statements, as at the respective dates thereof, neither the Borrower nor any Subsidiary had any Liabilityliability, contingent or #90068563. otherwise, or any unrealized or anticipated loss, that, singly or in the aggregate, has had or might would be reasonably likely to have a Materially Material Adverse Effect on the Borrower and the Consolidated Subsidiaries taken as a wholeEffect.