Common use of Historical Statements Clause in Contracts

Historical Statements. The Borrowers have delivered to the Administrative Agent copies of their audited consolidated year-end financial statements for and as of the end of the two fiscal years ended December 31, 2008, and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month ended November 30, 2010 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers and their Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three (3) fiscal years ended December 31, 2008, and December 31, 2009, respectively2007. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November September 30, 2010 2008 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete and fairly represent, in all material respects and fairly represent respects, the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31, 2008, and December 31, 2009, respectively2011. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month ended November 30October 31, 2010 2012 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 29, 2008, 2023 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30on October 28, 2010 2023 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLoan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers Company and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal years year ended December 31February 1, 2008, 2020 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30on May 2, 2010 2020 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLoan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers Company and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have delivered to the Administrative Agent copies of their audited consolidated year-end financial statements for and as of the end of the two Borrowers’ fiscal years year ended December 31January 30, 2008, and December 31, 2009, respectively2010. In addition, the Borrowers have delivered to the Administrative Agent copies of their unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30May 1, 2010 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers and their Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its (a) audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December March 31, 2008, 2015 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (b) unaudited consolidated interim financial statements for as of the fiscal year to date quarter ended June 30, 2015, as of the fiscal quarter ended September 30, 2015 and as of the end of fiscal quarter ended December 31, 2015, in each case for the calendar month ended November 30, 2010 applicable fiscal year to such date (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 3128, 2008, and December 31, 2009, respectively2019. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30June 27, 2010 2020 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, except to the extent provided in the notes to said financial statements and subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December March 31, 2008, and December 31, 2009, respectively2006 (the “Annual Statements”). In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November June 30, 2010 2006 (all such annual the “Interim Statements”) (the Annual and interim statements Interim Statements being collectively referred to as the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective their dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statementsInterim Statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three fiscal years ended December 31, 2008, and December 31, 2009, respectively. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November September 30, 2010 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 28, 2008, 2023 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30on April 29, 2010 2023 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLoan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers Company and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31June 30, 2008, and December 31, 2009, respectively2018. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30March 31, 2010 2019 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three (3) fiscal years ended December 31, 2008, and December 31, 2009, respectively. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November June 30, 2010 2009 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Lessee Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (1) audited consolidated year-end financial statements of BLI and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 29, 2008, 2022 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (2) unaudited consolidated interim financial statements of BLI and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30on October 29, 2010 2022 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLessee Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers BLI and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Lessee Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (1) audited consolidated year-end financial statements of BLI and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 29, 2008, 2022 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (2) unaudited consolidated interim financial statements of BLI and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30on October 29, 2010 2022 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLessee Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers BLI and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.. (ii)

Historical Statements. The Borrowers have delivered to the Administrative Agent copies of their audited consolidated year-end financial statements for and as of the end of the two Borrowers’ fiscal years year ended December 31January 30, 2008, and December 31, 2009, respectively2010. In addition, the Borrowers have delivered to the Administrative Agent copies of their unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30May 1, 2010 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers and their Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 29, 2008, 2023 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30on October 28, 2010 2023 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLoan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers Company and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in 7860103.21 accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 30, 2008, 2021 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November on October 30, 2010 2021 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLoan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers Company and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three (3) fiscal years ended December 31, 2008, and December 31, 2009, respectively2012. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November September 30, 2010 2013 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31January 2, 2008, and December 31, 2009, respectively2016. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30October 1, 2010 2016 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31, 2008, and December 31, 2009, respectively2018. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November June 30, 2010 2019 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three (3) fiscal years ended December 31, 2008, and December 31, 2009, respectively2016. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November June 30, 2010 2017 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two five fiscal years ended December August 31, 2008, and December 31, 2009, respectively2010. In addition, the Borrowers have delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30February 28, 2010 2011 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers and their Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 29, 2008, 2022 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30on October 29, 2010 2022 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLoan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers Company and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31, 2008, and December 31, 2009, respectively2010 (the “Annual Statements”). In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30March 31, 2010 2011 (all such annual the “Interim Statements”) (the Annual and interim statements Interim Statements being collectively referred to as the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective their dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statementsInterim Statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years ended December 31, 2008, and December 31, 2009, respectively2007. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November September 30, 2010 2008 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to exclusion of footnotes and normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their audited consolidated year-end financial statements its production reports, balance sheet, income statement and cash flow statement for and as of the end of the two fiscal years year ended December 31, 2008, and December 31, 2009, respectively2013. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their unaudited consolidated its interim financial statements production reports, income statement, balance sheet and cash flow statement for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November [June 30, 2010 2014] (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31, 2008, and December 31, 2009, respectively. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November June 30, 2010 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective their dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three fiscal years ended December October 31, 20082007, 2008 and December 31, 2009, respectively. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30May 1, 2010 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31June 30, 2008, and December 31, 2009, respectively1997 (the "Annual Statements"). In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November September 30, 2010 1997 (all such annual the "Interim Statements") (the Annual and interim statements Interim Statements being collectively referred to as the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective their dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statementsInterim Statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their audited consolidated year-end financial statements its production reports, balance sheet, income statement and cash flow statement for and as of the end of the two fiscal years year ended December 31, 2008, and December 31, 2009, respectively2011. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their unaudited consolidated its interim financial statements production reports, income statement, balance sheet and cash flow statement for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November June 30, 2010 2012 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 3130, 2008, and December 31, 2009, respectively2023. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November March 30, 2010 2024 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, except to the extent provided in the notes to said financial statements and subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three (3) fiscal years ended December 31, 2008, and December 31, 2009, respectively2010. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November September 30, 2010 2011 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of their the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal years year ended December 31January 29, 2008, 2022 and December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November on July 30, 2010 2022 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the BorrowersLoan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrowers Company and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31January 2, 2008, and December 31, 2009, respectively2016. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30April 2, 2010 2016 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two three (3) fiscal years ended December 31, 2008, and December 31, 2009, respectively2007. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November June 30, 2010 2008 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31, 2008, and December 31, 2009, respectively. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November September 30, 2010 2009 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrowers have Borrower has delivered to the Administrative Agent copies of their its audited consolidated year-end financial statements for and as of the end of the two fiscal years year ended December 31January 2, 2008, and December 31, 2009, respectively2016. In addition, the Borrowers have Borrower has delivered to the Administrative Agent copies of their its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the calendar month fiscal quarter ended November 30October 1, 2010 2016 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Borrowers’ Borrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrowers Borrower and their its Subsidiaries as of the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the interim statements) to normal year-end audit adjustments.