Common use of Historical Statements Clause in Contracts

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements as of December 31, 2020 and 2019 and for the fiscal years then ended (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiaries, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their results of operations and cash flows for the fiscal periods specified and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements as of December 31, 2020 2018 and 2019 2017 and for the fiscal years then ended (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiaries, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their results of operations and cash flows for the fiscal periods specified and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the fiscal year ended December 31, 2020 2007, and 2019 its unaudited consolidated financial statements for and for as of the fiscal years then quarter ended June 30, 2008 (collectively, the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the each Administrative Agent copies of its audited consolidated combined year-end financial statements as of December 31, 2020 2018 and 2019 December 31, 2017 and for the fiscal years then ended (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiaries, are correct and complete in all material respects and fairly represent the consolidated combined financial condition of the Borrower and its Subsidiaries as of their dates and their results of operations and cash flows for the fiscal periods specified and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent Agents and the CEI Agents copies of its audited consolidated combined year-end financial statements as of December 31, 2020 2017 and 2019 December 31, 2018 and for the fiscal years then ended (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiaries, are correct and complete in all material respects and fairly represent the consolidated combined financial condition of the Borrower and its Subsidiaries as of their dates and their results of operations and cash flows for the fiscal periods specified and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements as of December 31, 2020 2022 and 2019 2023 and for the fiscal years then ended (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiaries, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their results of operations and cash flows for the fiscal periods specified and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the fiscal years then year ended September 30, 2004 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements as of December 31, 2020 2017 and 2019 2016 and for the fiscal years then ended (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiaries, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their results of operations and cash flows for the fiscal periods specified and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the fiscal years then year ended September 30, 2002 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the fiscal year ended December 31, 2020 2004, and 2019 its unaudited consolidated financial statements for and for as of the fiscal years then quarter ended March 31, 2005 (collectively, the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31the end of the 1997 fiscal year ended January 3, 2020 and 2019 and for the fiscal years then ended 1998 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the two (2) fiscal years then ended December 28, 2003 and December 26, 2004 (the “Historical Annual Statements”). The Historical Annual Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2001 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2012 (collectively, the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the three (3) fiscal years ended December 31, 2020 1999, 2000, and 2019 and for the fiscal years then ended 2001 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP and statutory requirements consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated and unaudited consolidating year-end financial statements for and as of December the end of the fiscal year ended March 31, 2020 and 2019 and for the fiscal years then ended 2005 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete and present fairly in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the two fiscal years then ended June 30, 2009 and 2010 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Each Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December the end of the fiscal year ended August 31, 2020 and 2019 and for the fiscal years then ended (the 2003(the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiarieseach Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the such Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2010 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2009 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries Loan Parties as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Paying Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2006 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2009 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of Interim Statements) to normal year end adjustments.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31the end of the 1999 fiscal year ended January 1, 2020 and 2019 and for the fiscal years then ended 2000 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the fiscal years then year ended September 30, 2007 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the fiscal years then year ended September 30, 2002 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end the fiscal years then ended December 30, 2012 (the “Historical "Annual Statements”"). The Historical Annual Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2002 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the eachthe Administrative Agent copies of its audited consolidated combined year-end financial statements as of December 31, 2020 20182022 and 2019 December 31, 20172021 and for the fiscal years then ended (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its Subsidiaries, are correct and complete in all material respects and fairly represent the consolidated combined financial condition of the Borrower and its Subsidiaries as of their dates and their results of operations and cash flows for the fiscal periods specified and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Paying Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2004 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the two (2) fiscal years then ended December 28, 2008 and December 27, 2009 (the “Historical "Annual Statements”"). The Historical Annual Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of December 31, 2020 and 2019 and for the end of the two fiscal years then ended June 30, 2005 and 2006 (the “Historical Statements”). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the last 2 fiscal years ended December 31, 2020 2005 and 2019 and for the fiscal years then ended 2006 (the “Historical Annual Statements”). The Historical Annual Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 2020 and 2019 and for the fiscal years then ended 2002 (the “"Historical Statements”"). The Historical Statements were compiled from the books and records maintained by management of the Borrower and its SubsidiariesBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries as of their dates and their the results of operations and cash flows for the fiscal periods specified then ended and have been prepared in accordance with GAAP consistently applied.