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 for and as of the end of the fiscal years ended December 31, 1996, 1997 and the unaudited consolidated statements for the fiscal quarters ending on March 31, 1998, June 30, 1998 and September 30, 1998 (collectively the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Borrower's management, fairly present the consolidated financial condition of the Loan Parties (which were Loan Parties as of the date of the respective Historical Statements) as of their dates 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 Borrower has delivered to the Administrative Agent copies of (i) its audited consolidated year-end financial statements for and as of the end of the fiscal years ended December 31, 1996, 1997 2013 and for the fiscal year then ended and (ii) the unaudited consolidated financial statements for of the fiscal quarters ending on Borrower as of March 31, 19982014 and for the three months ended March 31, June 30, 1998 2014 and September 30, 1998 2013 (collectively the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by management of the Borrower's managementBorrower and its Subsidiaries, are correct and complete in all material respects and fairly present represent the consolidated financial condition of the Loan Parties (which were Loan Parties as of the date of the respective Historical Statements) Borrower and its Subsidiaries as of their dates and the their results of operations and cash flows for the fiscal periods then ended specified and have been prepared in accordance with GAAP consistently applied, except that the unaudited financial statements are subject (in the case of the interim statements) to normal year-end audit adjustments.

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 years year ended September 30, 2008, and its unaudited consolidated financial statements for and as of the end of the fiscal quarters ended December 31, 19962008, 1997 and the unaudited consolidated statements for the fiscal quarters ending on March 31, 1998, 2009 and June 30, 1998 and September 30, 1998 2009 (collectively the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Borrower's management, are correct and complete and fairly present represent the consolidated financial condition of the Loan Parties (which were Loan Parties as of the date of the respective Historical Statements) Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently appliedapplied (subject, subject (in the case of the interim such quarterly financial statements) , to normal year-end audit adjustmentsadjustments and the absence of footnote disclosures).

Historical Statements. The Borrower has delivered to the Administrative Agent copies of its audited consolidated year-end financial statements production reports, balance sheet, income statement and cash flow statement for and as of (x) the end of the fiscal years year ended December 31, 19962022, 1997 and (y) the unaudited consolidated statements for end of the fiscal quarters ending on quarter ended March 31, 1998, 2023 and (z) the end of the fiscal quarter ended June 30, 1998 2023 (all such reports and September 30, 1998 (statements being collectively referred to as the "Historical “Statements"”). The Historical Statements were compiled from the books and records maintained by the Borrower's ’s management, are correct and complete and fairly present represent the consolidated financial condition of the Loan Parties (which were Loan Parties Borrower and its Subsidiaries as of the date of the respective Historical Statements) as of 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 Each 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 years year ended December August 31, 19962007, 1997 and the copies of its unaudited consolidated quarter-end financial statements for and as of the end of the fiscal quarters ending on March quarter ended May 31, 19982008 (collectively, June 30, 1998 and September 30, 1998 (collectively the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the each Borrower's ’s management, are correct and complete in all material respects and fairly present represent the consolidated financial condition of the Loan Parties (which were Loan Parties as of the date of the respective Historical Statements) such Borrower and its Subsidiaries as of their dates 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 Borrower has delivered to the Administrative Agent copies of (i) its audited consolidated combined year-end financial statements for and as of the end of the fiscal years ended December 31, 1996, 1997 2014 and the unaudited consolidated statements for the fiscal quarters ending on year then ended and (ii) the unaudited combined financial statements of the Borrower as of March 31, 19982015 and for the three months ended March 31, June 30, 1998 2015 and September 30, 1998 2014 (collectively the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by management of the Borrower's managementBorrower and its Subsidiaries, are correct and complete in all material respects and fairly present represent the consolidated combined financial condition of the Loan Parties (which were Loan Parties as of the date of the respective Historical Statements) Borrower and its Subsidiaries as of their dates and the their results of operations and cash flows for the fiscal periods then ended specified and have been prepared in accordance with GAAP consistently applied, except that the unaudited financial statements are subject (in the case of the interim statements) to normal year-end audit adjustments.

Historical Statements. The Borrower has Loan Parties have delivered to the Administrative Agent copies of its their (i) audited consolidated year-end financial statements for and as of the fiscal year ended January 2, 2010, and (ii) unaudited consolidated quarter-end financial statements for and as of the end of each of the fiscal years ended December 31, 1996, 1997 and the unaudited consolidated statements for the first three fiscal quarters ending on March 31after January 2, 19982010 (collectively, June 30, 1998 and September 30, 1998 (collectively the "Historical “Statements"”). The Historical Statements were compiled from the books and records maintained by the Borrower's Parent’s management, are correct and complete and fairly present represent in all material respects the consolidated financial condition of the Loan Parties (which were Loan Parties as of the date of the respective Historical Statements) as of 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 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 years ended December 31, 19961992, 1997 1993, 1994, 1995, 1996 and the unaudited consolidated statements for 1997 for the fiscal three quarters ending on March 31, 1998, June 30, 1998 and September 30, 1998 1997 (collectively the "Historical Statements"). The Mariner Historical Statements were compiled from the books and records maintained by the Borrower's management, fairly present the consolidated financial condition of the Loan Parties (which were Loan Parties as of the date of the respective Mariner Historical Statements) as of their dates 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.