Common use of Historical Statements Clause in Contracts

Historical Statements. The Borrower has delivered to the Agent copies of its audited consolidated financial statements for its fiscal years ending on or about December 30, 1995, December 31, 1994 or January 1, 1994 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28, 1996 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as 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 represent the consolidated financial condition of the 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 Borrowers have delivered to the Agent copies of its their audited consolidated year-end financial statements for its and as of the end of the fiscal years ending on or about December 30, 1995, year ended December 31, 1994 or January 1, 1994 1999 (the "Annual StatementsStatement"). In addition, the Borrower has Borrowers have delivered to the Agent copies of its their unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 2830, 1996 2000 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Borrower's Borrowers' management, are correct and complete and fairly represent the consolidated financial condition of the Borrower Borrowers and its their 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 its audited consolidated year-end financial statements for its and as of the end of the fiscal years ending on or about December 30, 1995, year ended December 31, 1994 or January 1, 1994 1996 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28March 31, 1996 1997 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as 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 represent the consolidated financial condition of the 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 Agent copies of its audited consolidated year-end financial statements for its and as of the end of the 1999 fiscal years ending on or about December year ended June 30, 1995, December 31, 1994 or January 1, 1994 1999 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28March 31, 1996 2000 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as 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 represent the consolidated financial condition of the 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 its the Parent's audited consolidated year-end financial statements for its and as of the end of the two (2) fiscal years ending on or about December 30, 1995, December ended January 31, 1994 or January 1, 1994 2004 (the "Annual Statements"). In addition, the Borrower has delivered to the Administrative Agent copies of its the Parent's unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28July 31, 1996 2004 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the BorrowerParent's management, are correct and complete and fairly represent in all material respects the consolidated financial condition of the Borrower Parent 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 Agent copies of its audited consolidated year-end financial statements for its and as of the end of the three fiscal years ending on or about December 30, 1995, ended December 31, 1994 or January 1, 1994 1996 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28June 30, 1996 1997 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as 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 represent the consolidated financial condition of the 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 Agent copies of its audited consolidated year-end financial statements for its and as of the end of the fiscal years ending on or about year ended December 30, 1995, December 31, 1994 or January 3 1, 1994 1999 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28March 3 1, 1996 2000 (the "Interim Statements") (the Statements")(the Annual and Interim Statements being collectively referred to as the -33- "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Borrower's management, are correct and complete and fairly represent the consolidated financial condition of the 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 Statements)to normal year-end audit adjustments.

Historical Statements. The Borrower has Borrowers have delivered to the Agent copies of its audited consolidated year-end financial statements for its and as of the end of the two (2) fiscal years ending on or about December 30, 1995, ended December 31, 1994 or January 1, 1994 1995 (the "Annual Statements"). In addition, the Borrower has Borrowers have delivered to the Agent copies of its the Company's unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28June 30, 1996 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Borrower's Borrowers' management, are correct and complete and fairly represent the consolidated financial condition of the Borrower Borrowers 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 Borrowers have delivered to the Agent copies of its audited consolidated year-end financial statements for its and as of the end of the Borrowers' fiscal years ending on or about December 30, 1995, ended December 31, 1994 or January 1, 1994 1997 (the "Annual Statements"). In addition, the Borrower has Borrowers have delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 28March 31, 1996 1998 (the "Interim Statements") (the Annual Annua and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Borrower's Borrowers' management, are correct and complete and fairly represent the consolidated financial condition of the Borrower Borrowers and its their respective 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 its audited consolidated year-end financial statements for its and as of the end of the fiscal years ending on or about December 30, 1995, year ended December 31, 1994 or January 1, 1994 2003 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 2830, 1996 2004 (the "“Interim Statements"”) (the Annual and Interim 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 represent the consolidated financial condition of the 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 Agent Banks copies of its audited consolidated year- end financial statements for its and as of the end of the fiscal years ending on or about December 30, 1995, year ended December 31, 1994 or January 1, 1994 1993 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent Banks copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended September 2830, 1996 1994 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as 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 represent the consolidated financial condition of the 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 Administrative --------------------- Borrower has delivered to the Agent copies (x) a copy of its ICG's audited consolidated year-end financial statements statement for its fiscal years ending on or about December 30, 1995, December 31, 1994 or January 1, 1994 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter year ended September 28December 31, 1996 1997 (the "Interim 1997 Annual Statements") and (y) a copy of ICG's unaudited consolidated year-end financial statements for and as of the end of the fiscal year ended December 31, 1998 (the "1998 Annual Statements") (the 1997 Annual Statements and Interim the 1998 Annual Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Borrower's Borrowers' management, are correct and complete and fairly represent the consolidated financial condition of the Borrower Borrowers and its their respective 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 1998 Annual Statements) to normal year-end audit adjustments.