Common use of Financial Statements and Forecasts Clause in Contracts

Financial Statements and Forecasts. The Lenders shall have received (i) audited financial statements of the Borrower and its Subsidiaries for the Fiscal Year ending December 31, 2009 by Deloitte & Touche LLP, (ii) interim unaudited quarterly financial statements of the Borrower and its Subsidiaries through the fiscal quarter June 30, 2010 (or, if later, the most recent fiscal quarter for which the Borrower’s quarterly report to stockholders on form 10-Q has been filed with the SEC under the Securities Exchange Act of 1934, as amended) and (iii) the Borrower’s business plan (the “Business Plan”) which shall include annual financial forecasts for the year in which the Effective Date occurs through the year of the Scheduled Termination Date, prepared by the Borrower’s management, in each case, satisfactory to the Administrative Agent.

Financial Statements and Forecasts. The Lenders shall have received (i) audited financial statements of the Borrower and its Subsidiaries for the Fiscal Year ending December 31, 2009 2005 by Deloitte & Touche KPMG LLP, (ii) interim unaudited quarterly financial statements of the Borrower and its Subsidiaries through the fiscal quarter June 30ending March 31, 2010 2006 (or, if later, the most recent fiscal quarter for which the Borrower’s quarterly report to stockholders on form 10-Q has been filed with the SEC under the Securities Exchange Act of 1934, as amended) and (iii) the Borrower’s business plan (the “Business Plan”) which shall include annual financial forecasts for the year in which the Effective Closing Date occurs through the year of the Scheduled Revolving Credit Termination Date, prepared by the Borrower’s management, in each case, satisfactory to the Administrative Agent.