Common use of Historical Statements Clause in Contracts

Historical Statements. The Borrower has delivered to the Agent copies of its audited consolidated year-end financial statements on a pro forma basis for the fiscal year ended December 31, 1995 (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 June 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 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 on a pro forma basis for and as of the end of the four (4) fiscal year years ended December 31, 1995 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 June 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 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 Bank copies of its audited consolidated year-end financial statements on a pro forma basis for and as of the end of the fiscal year ended December 31, 1995 1998 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent Bank copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended June 30March 31, 1996 1999 (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 Lender copies of its audited consolidated year-end financial statements on a pro forma basis for and as of the end of the Borrower's fiscal year ended December 31February 2, 1995 (the "Annual Statements")2013. In addition, the Borrower has delivered to the Agent Lender 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 June 30May 4, 1996 2013 (the "Interim Statements") (the Annual all such 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 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 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 Statementsinterim 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 on a pro forma basis for and as of the end of the three (3) fiscal year years ended December 31, 1995 2004 (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 June 30March 31, 1996 2005 (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 copies of its audited consolidated year-end financial statements on a pro forma basis for and as of the end of the fiscal year ended December 31, 1995 2005 (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 June September 30, 1996 2006 (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 Administrative Agent copies of its audited consolidated year-end financial statements on a pro forma basis for and as of the end of the fiscal year years ended December 31, 1995 (the "Annual Statements")2011, December 31, 2012 and December 31, 2013. 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 June 30, 1996 2014 (the "Interim Statements") (the Annual all such 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 Borrower's ’s management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as of their the respective dates thereof and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently appliedGAAP, subject (in the case of the Interim Statementsinterim statements) to normal year-end audit adjustmentsadjustments and the absence of footnotes.

Historical Statements. The Borrower has delivered to the Agent copies of its audited consolidated and unaudited consolidating year-end financial statements on a pro forma basis for and as of the end of the fiscal year ended December March 31, 1995 1997 (the "Annual Statements"). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements Form 10-Q for the fiscal year to date and as of the end of the fiscal quarter period ended June 30December 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 present fairly represent in all material respects 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 adjustmentsadjustments and the absence of footnotes.

Historical Statements. The Borrower has delivered to the Paying Agent copies of its audited consolidated year-end financial statements on a pro forma basis for and as of the end of the fiscal year ended December 31, 1995 2004 (the "“Annual Statements"”). In addition, the Borrower has delivered to the Paying 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 June 30, 1996 2005 (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 in all material respects and fairly represent the consolidated financial condition of the Borrower and its Subsidiaries Loan Parties 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 Lenders or their affiliates copies of (i) its audited consolidated year-end financial statements on a pro forma basis for and as of the end of the fiscal year ended December 31, 1995 2015 (the "“Annual Statements"). In addition, the Borrower has delivered to the Agent copies of ”) and (ii) its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarter ended June 30, 1996 2016 (the "“Interim Statements"”) (the Annual Statement and the 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 in all material respects 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 on a pro forma basis for and as of the end of the fiscal year ended December 31, 1995 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 June 30, 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 in all material respects 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-year end financial statements on a pro forma basis for and as of the end of the fiscal year ended December 31, 1995 (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 June September 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 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.