Common use of SEC Documents; Financial Statements; Liabilities Clause in Contracts

SEC Documents; Financial Statements; Liabilities. Since December 31, 2000, the Company has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the Securities Act or reporting requirements of the Exchange Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents (other than exhibits) incorporated by reference therein, being hereinafter referred to herein as the "SEC Documents"). The Company has delivered to each Investor, or each Investor has had access to, true and complete copies of the SEC Documents, except for such exhibits and incorporated documents. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the Exchange Act or the Securities Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents have been prepared in accordance with U.S. generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (A) liabilities incurred in the ordinary course of business subsequent to December 31, 2000, (B) liabilities of the type not required under generally accepted accounting principles to be reflected in such financial statements or described in the notes thereto, or (C) other liabilities which would not, individually or in the aggregate, have Material Adverse Effect.

SEC Documents; Financial Statements; Liabilities. Since December 31, 2000, the Company has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the Securities Act or reporting requirements of the Exchange Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents (other than exhibits) incorporated by reference therein, being hereinafter referred to herein as the "SEC Documents"). The Company has delivered made available to each Investor, or each Investor has had access to, true and complete copies of the SEC Documents, except for such exhibits and incorporated documents. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the Exchange Act or the Securities Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents have been prepared in accordance with U.S. generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (A) liabilities incurred in the ordinary course of business subsequent to December 31, 20002001, (B) liabilities of the type not required under generally accepted accounting principles to be reflected in such financial statements or described in the notes thereto, or (C) other liabilities which would not, individually or in the aggregate, have Material Adverse Effect.

SEC Documents; Financial Statements; Liabilities. Since December 31, 2000, the Company (a) The Partnership has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to Securities and Exchange Commission (the Securities Act or reporting requirements of the Exchange Act (all of the foregoing filed prior to "SEC") since January 1, 1999 through the date hereof and will file all exhibits included therein and financial reports, schedules, forms, statements and schedules thereto and other documents required to be filed with the SEC prior to the Effective Date, including, without limitation, the Consent Solicitation (other than exhibitsas defined below) incorporated by reference therein, being hereinafter referred to herein as (the "Partnership SEC Documents"). The Company has delivered to each Investor, or each Investor has had access to, true and complete copies of the Partnership SEC Documents, except for such exhibits and incorporated documents. As as of their respective filing dates, the SEC Documents complied or will comply in all material respects with the applicable requirements of the Securities Act of 1933, as amended (the "Securities Act") and the Securities Exchange Act or the Securities Actof 1934, as amended (the case may be"Exchange Act"), and and, in each case, the rules and regulations of the SEC promulgated thereunder applicable to the such Partnership SEC Documents, and none . None of the Partnership SEC Documents, Documents at the time they were filed with the SEC, of filing contained or will contain any untrue statement of a material fact or omitted to state a any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, except to the extent such statements have been modified or superseded by later Partnership SEC Documents filed and publicly available prior to the date hereof and with respect to which any such statement or omission would not reasonably be expected to have a Partnership Material Adverse Effect. The consolidated financial statements of the Company Partnership and its consolidated Subsidiaries, if any, included in the Partnership SEC Documents complied or will comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, have been prepared in accordance with U.S. generally accepted accounting principlesprinciples ("GAAP") (except, consistently appliedin the case of unaudited statements, as permitted by the applicable rules and regulations of the SEC) applied on consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statementsthereto) and fairly present presented, in all material respects accordance with the applicable requirements of GAAP and the applicable rules and regulations of the SEC, the consolidated financial position of the Company Partnership and its consolidated Subsidiaries, if any, in each case taken as a whole, as of the dates thereof and the consolidated results of its operations and cash flows flow for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (A) liabilities incurred in the ordinary course of business subsequent to December 31, 2000, (B) liabilities of the type not required under generally accepted accounting principles to be reflected in such financial statements or described in the notes thereto, or (C) other liabilities which would not, individually or in the aggregate, have Material Adverse Effect.

SEC Documents; Financial Statements; Liabilities. Since December 31September 30, 20002001, the Company has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the Securities Act or reporting requirements of the Exchange Act (all of the foregoing which have been deemed filed with the SEC prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents (other than exhibits) incorporated by reference therein, being hereinafter referred to herein as the "SEC Documents"). The Company has delivered to each Investor, or each Investor has had access to, true and complete copies of the SEC Documents, except for such exhibits and incorporated documents. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the Exchange Act or the Securities Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents have been prepared in accordance with U.S. generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (A) liabilities incurred in the ordinary course of business subsequent to December 31September 30, 20002001, (B) liabilities of the type not required under generally accepted accounting principles to be reflected in such financial statements or described in the notes thereto, or (C) other liabilities which would not, individually or in the aggregate, have a Material Adverse Effect.

SEC Documents; Financial Statements; Liabilities. Since December 31, 2000, the Company (a) The Partnership has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to Securities and Exchange Commission (the Securities Act or reporting requirements of the Exchange Act (all of the foregoing filed prior to "SEC") since January 1, 1998 through the date hereof and will file all exhibits included therein and financial reports, schedules, forms, statements and schedules thereto and other documents required to be filed with the SEC prior to the Effective Date, including, without limitation, the Consent Solicitation (other than exhibitsas defined below) incorporated by reference therein, being hereinafter referred to herein as (the "Partnership SEC Documents"). The Company has delivered to each Investor, or each Investor has had access to, true and complete copies of the Partnership SEC Documents, except for such exhibits and incorporated documents. As as of their respective filing dates, the SEC Documents complied or will comply in all material respects with the applicable requirements of the Securities Act of 1933, as amended (the "Securities Act") and the Securities Exchange Act or the Securities Actof 1934, as amended (the case may be"Exchange Act"), and and, in each case, the rules and regulations of the SEC promulgated thereunder applicable to the such Partnership SEC Documents, and none . None of the Partnership SEC Documents, Documents at the time they were filed with the SEC, of filing contained or will contain any untrue statement of a material fact or omitted to state a any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, except to the extent such statements have been modified or superseded by later Partnership SEC Documents filed and publicly available prior to the date hereof and with respect to which any such statement or omission would not reasonably be expected to have a Partnership Material Adverse Effect. The consolidated financial statements of the Company Partnership and its consolidated Subsidiaries, if any, included in the Partnership SEC Documents complied or will comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, have been prepared in accordance with U.S. generally accepted accounting principlesprinciples ("GAAP") (except, consistently appliedin the case of unaudited statements, as permitted by the applicable rules and regulations of the SEC) applied on consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statementsthereto) and fairly present presented, in all material respects accordance with the applicable requirements of GAAP and the applicable rules and regulations of the SEC, the consolidated financial position of the Company Partnership and its consolidated Subsidiaries, if any, in each case taken as a whole, as of the dates thereof and the consolidated results of its operations and cash flows flow for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (A) liabilities incurred in the ordinary course of business subsequent to December 31, 2000, (B) liabilities of the type not required under generally accepted accounting principles to be reflected in such financial statements or described in the notes thereto, or (C) other liabilities which would not, individually or in the aggregate, have Material Adverse Effect.

SEC Documents; Financial Statements; Liabilities. Since December ------------------------------------------------ 31, 2000, the Company has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the Securities Act or reporting requirements of the Exchange Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents (other than exhibits) incorporated by reference therein, being hereinafter referred to herein as the "SEC Documents"). The Company has delivered to each Investor, or each Investor has had access to, true and complete copies of the SEC Documents, except for such exhibits and incorporated documents. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the Exchange Act or the Securities Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents have been prepared in accordance with U.S. generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (A) liabilities incurred in the ordinary course of business subsequent to December 31, 2000, (B) liabilities of the type not required under generally accepted accounting principles to be reflected in such financial statements or described in the notes thereto, or (C) other liabilities which would not, individually or in the aggregate, have Material Adverse Effect.

SEC Documents; Financial Statements; Liabilities. Since December October 31, 20002001, the Company has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the Securities Act or reporting requirements of the Exchange Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents (other than exhibits) incorporated by reference therein, being hereinafter referred to herein as the "SEC Documents"). The Company has delivered to each Investor, or each Investor has had access to, true and complete copies of the SEC Documents, except for such exhibits and incorporated documents. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the Exchange Act or the Securities Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents have been prepared in accordance with U.S. generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (A) liabilities incurred in the ordinary course of business subsequent to December October 31, 20002001, (B) liabilities of the type not required under generally accepted accounting principles to be reflected in such financial statements or described in the notes thereto, or (C) other liabilities which would not, individually or in the aggregate, have Material Adverse Effect.