Common use of Financial Statements and Condition Clause in Contracts

Financial Statements and Condition. The Borrower's audited consolidated financial statements as at April 30, 1997 and its unaudited financial statements as at August 2, 1997 as heretofore furnished to the Bank, have been prepared in accordance with GAAP on a consistent basis (except for year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have been previously disclosed to the Bank in writing, since August 2, 1997 there has been no material adverse change in the business, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole.

Financial Statements and Condition. The Borrower's audited consolidated financial statements as at April September 30, 1997 1995 and its unaudited financial statements as at August 2June 30, 1997 1996, as heretofore furnished to the Bank, have been prepared in accordance with GAAP on a consistent basis (except for the absence of footnotes and subject to year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have been previously disclosed to the Bank in writingSince June 30, since August 21996, 1997 there has been no material adverse change in the business, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole.

Financial Statements and Condition. The Borrower's audited consolidated financial statements as at April 30December 31, 1997 and its unaudited financial statements as at August 2June 30, 1997 1998, as heretofore furnished to the BankBanks, have been prepared in accordance with GAAP on a consistent basis (except for the absence of footnotes and subject to year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have been previously disclosed to the Bank in writingSince December 31, since August 21997, 1997 there has been no material adverse change in the business, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole.

Financial Statements and Condition. The Borrower's audited consolidated financial statements as at April 30December 31, 1997 2021 and its unaudited financial statements as at August 2June 30, 1997 2006, as heretofore furnished to the BankBanks, have been prepared in accordance with GAAP on a consistent basis (except for the absence of footnotes and subject to year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have been previously disclosed to the Bank in writingSince December 31, since August 22021, 1997 there has been no material adverse change in the business, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole.

Financial Statements and Condition. The Borrower's audited consolidated financial statements as at April September 30, 1997 1995 and its unaudited financial statements as at August 2March 31, 1997 1996, as heretofore furnished to the Bank, have been prepared in accordance with GAAP on a consistent basis (except for the absence of footnotes and subject to year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have been previously disclosed to the Bank in writingSince September 30, since August 21995, 1997 there has been no material adverse change in the business, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole.

Financial Statements and Condition. The Borrower's audited consolidated financial statements as at April 30, 1997 2001 and its unaudited financial statements as at August 2April 30, 1997 2002 as heretofore furnished to the BankBanks, have been prepared in accordance with GAAP on a consistent basis (except for year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have been previously disclosed to the Bank Banks in writing, since August 2April 30, 1997 2002 there has been no material adverse change in the business, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole.

Financial Statements and Condition. The Borrower's audited consolidated unaudited, unreviewed, combined financial statements of the Borrower and its Subsidiaries as at April September 30, 1997 2000, and the audited combined financial statements of the Borrower and its unaudited financial statements as at August 2Subsidiaries of December 31, 1997 1999 as heretofore furnished to the BankAgent, and except as set forth on Schedule 4.5, have been prepared in accordance with GAAP on a consistent basis (except for the absence of footnotes and subject to year-end audit adjustments as to the interim statements) and fairly present in all material respects the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have has been previously disclosed to in Forms 10-Q filed with the Bank in writingSecurities and Exchange Commission on March 31, since August 22000, 1997 June 30, 2000 and September 30, 2000, there has been no material adverse change in the businessMaterial Adverse Occurrence since December 31, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole1999.

Financial Statements and Condition. The Borrower's ’s audited consolidated financial statements as at April 30, 1997 2000 and its unaudited financial statements as at August 2October 28, 1997 2000 as heretofore furnished to the BankBanks, have been prepared in accordance with GAAP on a consistent basis (except for year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Other than as may have been previously disclosed to the Bank Banks in writing, since August 2October 28, 1997 2000 there has been no material adverse change in the business, operations, property, assets or condition, financial or otherwise, of the Borrower and its Subsidiaries taken as a whole.