Common use of Historical Statements Clause in Contracts

Historical Statements. The Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 28, 2023 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29, 2023 (such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties Borrowers have delivered or caused to be delivered to the Administrative Agent copies of the (i) their audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the two fiscal year years ended January 28December 31, 2023 2008, and (ii) December 31, 2009, respectively. In addition, the Borrowers have delivered to the Administrative Agent copies of their unaudited consolidated interim financial statements of for the Company and its Subsidiaries for fiscal year to date and as of the fiscal quarter end of the calendar month ended on April 29November 30, 2023 2010 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan PartiesBorrowers’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrowers and its their Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the three (3) fiscal year years ended January 28December 31, 2023 and (ii) 2007. 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29September 30, 2023 2008 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower’s management, are correct and complete and fairly represent, in all material respects and fairly represent in all material respects respects, the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements for the fiscal year ended March 31, 2006 (the “Annual Statements”). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the Company and its Subsidiaries for fiscal year to date and as of the end of the fiscal year ended January 28, 2023 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29June 30, 2023 2006 (such annual the “Interim Statements”) (the 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 Loan Parties’ Borrower’s management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of the respective their 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 Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the its (ia) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 28March 31, 2023 2015 and (iib) unaudited consolidated interim financial statements as of the Company and its Subsidiaries for fiscal quarter ended June 30, 2015, as of the fiscal quarter ended September 30, 2015 and as of the fiscal quarter ended on April 29December 31, 2023 2015, in each case for the applicable fiscal year to such date (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 2829, 2023 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29October 28, 2023 (such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Company has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 28July 31, 2023 and 1998 (ii) the "Annual Statements"). In addition, the Company has delivered to the Agent copies of its unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the end of the fiscal quarter quarters ended on October 31, 1998, January 31, 1999 and April 2930, 2023 1999 (such annual the "Interim Statements") (the 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 Loan Parties’ Company's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company and its Subsidiaries as of the respective their 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, none of which could reasonably be expected to have a Material Adverse Effect.

Historical Statements. The Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 28February 1, 2023 2020 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29May 2, 2023 2020 (such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year years ended January 28December 31, 2023 2015, December 31, 2016 and (ii) December 31, 2017. 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29September 30, 2023 2018 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower’s management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustmentsadjustments and the absence of footnotes.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year years ended January 28December 31, 2023 2011, December 31, 2012 and (ii) 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29June 30, 2023 2014 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower’s management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustmentsadjustments and the absence of footnotes.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the three (3) fiscal year years ended January 28December 31, 2023 and (ii) 2010. 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29September 30, 2023 2011 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements for the fiscal year ended December 31, 2010 (the “Annual Statements”). In addition, the Borrower has delivered to the Administrative Agent copies of its unaudited consolidated interim financial statements for the Company and its Subsidiaries for fiscal year to date and as of the end of the fiscal year ended January 28, 2023 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29March 31, 2023 2011 (such annual the “Interim Statements”) (the 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 Loan Parties’ Borrower’s management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of the respective their 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 Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the three (3) fiscal year years ended January 28December 31, 2023 and (ii) 2016. 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29June 30, 2023 2017 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 28June 30, 2023 and 1997 (ii) the "Annual Statements"). In addition, the Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements as of the Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29September 30, 2023 1997 (such annual the "Interim Statements") (the 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 Loan Parties’ Borrower's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of the respective their 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 Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the three (3) fiscal year years ended January 28December 31, 2023 and (ii) 2012. 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29September 30, 2023 2013 (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 2830, 2023 2021 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29October 30, 2023 2021 (such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) 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 Company and its Subsidiaries for fiscal year to date and as of the end of the fiscal year ended January 28, 2023 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29June 30, 2023 1996 (such annual the "Interim Statements") (the 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 Loan Parties’ Borrower's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of the respective their 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 Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 2829, 2023 2022 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April October 29, 2023 2022 (such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) audited consolidated year-end financial statements of the Company its production reports, balance sheet, income statement and its Subsidiaries cash flow statement for and as of the end of the fiscal year ended January 28December 31, 2023 2013. In addition, the Borrower has delivered to the Administrative Agent copies of its interim production reports, income statement, balance sheet and (ii) unaudited consolidated interim financial statements cash flow statement for the fiscal year to date and as of the Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29[June 30, 2023 2014] (all such annual and interim statements being collectively referred to as the “"Statements”"). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower's management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be delivered to the Administrative Agent copies of the (i) audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the fiscal year ended January 2829, 2023 2022 and (ii) unaudited consolidated interim financial statements of the Company and its Subsidiaries for and as of the fiscal quarter ended on April 29July 30, 2023 2022 (such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the three (3) fiscal year years ended January 28December 31, 2023 and (ii) 2008. 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29June 30, 2023 2009 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower’s management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.

Historical Statements. The Loan Parties have delivered or caused to be Borrower has delivered to the Administrative Agent copies of the (i) its audited consolidated year-end financial statements of the Company and its Subsidiaries for and as of the end of the three (3) fiscal year years ended January 28December 31, 2023 and (ii) 2007. 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 Company and its Subsidiaries for and as end of the fiscal quarter ended on April 29June 30, 2023 2008 (all such annual and interim statements being collectively referred to as the “Statements”). The Statements were compiled from the books and records maintained by the Loan Parties’ Borrower’s management, are correct and complete in all material respects and fairly represent in all material respects the consolidated financial condition of the Company Borrower and its Subsidiaries as of 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 statements) to normal year-end audit adjustments.