Common use of Delivery of Additional Financial Statements Clause in Contracts

Delivery of Additional Financial Statements. The Parent will deliver, or cause to be delivered, to the Purchaser, (i) the audited statement of assets acquired and liabilities assumed of the Northern Business as of January 31, 2004 (including the notes thereto) and the related audited statements of revenues and cash flows of the Northern Business for the period then ended and the unqualified opinion of the auditor thereon (collectively, the “2003 Carve-Out Special Purpose Financial Statements - Northern Operations”) and (ii) the audited statement of assets acquired and liabilities assumed of the Northern Business as of January 26, 2002 and January 25, 2003 (including the notes thereto) and the related audited statements of revenues and cash flows of the Northern Business for the periods then ended and the unqualified opinion of the auditor thereon (collectively, together with the 2003 Carve-Out Special Purpose Northern Financial Statements, the “Carve-Out Special Purpose Financial Statements - Northern Operations”) on or before the date that is five (5) business days prior to the Closing Date. Notwithstanding the foregoing, the Parent will use commercially reasonable efforts to deliver the Carve-Out Special Purpose Financial Statements - Northern Operations on or before May 15, 2004, provided however, that the Purchaser shall reimburse the Parent for any and all incremental out-of-pocket expenses incurred in connection with the expedited preparation of the foregoing financial statements.

Delivery of Additional Financial Statements. The Parent will deliver, or cause to be delivered, to the Purchaser, (i) the audited statement of assets acquired and liabilities assumed of the Northern Business as of January 31, 2004 (including the notes thereto) and the related audited statements of revenues and cash flows of the Northern Business for the period then ended and the unqualified opinion of the auditor thereon (collectively, the “"2003 CarveCARVE-Out Special Purpose Financial Statements OUT SPECIAL PURPOSE FINANCIAL STATEMENTS - Northern Operations”NORTHERN OPERATIONS") and (ii) the audited statement of assets acquired and liabilities assumed of the Northern Business as of January 26, 2002 and January 25, 2003 (including the notes thereto) and the related audited statements of revenues and cash flows of the Northern Business for the periods then ended and the unqualified opinion of the auditor thereon (collectively, together with the 2003 Carve-Out Special Purpose Northern Financial Statements, the “Carve"CARVE-Out Special Purpose Financial Statements OUT SPECIAL PURPOSE FINANCIAL STATEMENTS - Northern Operations”NORTHERN OPERATIONS") on or before the date that is five (5) business days prior to the Closing Date. Notwithstanding the foregoing, the Parent will use commercially reasonable efforts to deliver the Carve-Out Special Purpose Financial Statements - Northern Operations on or before May 15, 2004, provided however, that the Purchaser shall reimburse the Parent for any and all incremental out-of-pocket expenses incurred in connection with the expedited preparation of the foregoing financial statements.