Common use of Financial Position Clause in Contracts

Financial Position. Complete and accurate copies of the following Financial Statements, materials and other information have been delivered to the Agent: (i) the Pro Forma and Projections, (ii) the U.S. Borrower's audited Financial Statements for the Fiscal Year ended December 31, 1995, and (iii) the Offering Memorandum with respect to the Subordinated Debt dated October 10, 1996. All Financial Statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower and its Subsidiaries as at the respective dates thereof. Neither Borrower and no Subsidiary of either Borrower has any Accommodation Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the audited Financial Statements delivered to the Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, financial statements and materials and other information have been delivered to the Administrative Agent: (i) audited financial statements of the Pro Forma Company and Projections, (ii) the U.S. Borrower's audited Financial Statements its Subsidiaries for the Fiscal Year fiscal year ended December 31, 1995, 2016; and (iiiii) unaudited financial statements of the Offering Memorandum with respect to Company and its Subsidiaries and of the Subordinated Debt dated October 10Borrower for the fiscal quarter ended September 30, 19962017. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower Company and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower and no Subsidiary nor any of either Borrower its Subsidiaries has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the its audited Financial Statements financial statements delivered to the Administrative Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Administrative Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, ------------------ financial statements and materials and other information have been delivered to the Administrative Agent: (i) annual audited financial statements of the Pro Forma Borrower and Projections, (ii) the U.S. Borrower's audited Financial Statements its Subsidiaries for the Fiscal Year fiscal year ended December 31, 19951998, and (iiiii) quarterly financial statements for the Offering Memorandum with respect to Borrower and its Subsidiaries for the Subordinated Debt dated October 10fiscal quarter ending September 30, 19961999. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower and its Subsidiaries as at the respective dates thereof. Neither the Borrower and no Subsidiary nor any of either Borrower its Subsidiaries has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the its audited Financial Statements financial statements delivered to the Administrative Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Administrative Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, financial statements and materials and other information have been delivered to the Administrative Agent: (i) annual audited financial statements of the Pro Forma Borrower and Projections, (ii) the U.S. Borrower's audited Financial Statements its Subsidiaries for the Fiscal Year fiscal year ended December 31, 19952010, and (iiiii) quarterly financial statements for the Offering Memorandum with respect to Borrower and its Subsidiaries for the Subordinated Debt dated October 10fiscal quarter ending June 30, 19962011. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower and its Subsidiaries as at the respective dates thereof. Neither the Borrower and no Subsidiary nor any of either Borrower its Subsidiaries has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the its audited Financial Statements financial statements delivered to the Administrative Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Administrative Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, financial statements and materials and other information have been delivered to the Administrative Agent: (i) audited financial statements of the Pro Forma Company and Projections, (ii) the U.S. Borrower's audited Financial Statements its Subsidiaries for the Fiscal Year fiscal year ended December 31, 1995, 2014; and (iiiii) unaudited financial statements of the Offering Memorandum with respect to Company and its Subsidiaries and of the Subordinated Debt dated October 10Borrower for the fiscal quarter ended September 30, 19962015. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower Company and its Subsidiaries as at the respective dates thereof. Neither the Borrower and no Subsidiary nor any of either Borrower its Subsidiaries has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the its audited Financial Statements financial statements delivered to the Administrative Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Administrative Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, financial statements and materials and other information have been delivered to the Agent: (ia) annual audited financial statements of General Partner, Borrower and the Pro Forma and Projections, (ii) the U.S. Borrower's audited Financial Statements Subsidiaries for the Fiscal Year fiscal year ended December 31, 1995, 1998; and (iiib) quarterly financial statements for General Partner, Borrower and the Offering Memorandum with respect to Subsidiaries for the Subordinated Debt dated October 10fiscal quarter ending December 31, 19961998. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. General Partner, Borrower and its the Subsidiaries as at the respective dates thereof. Neither Borrower and no None of General Partner, Borrower, or any Subsidiary of either Borrower has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or 30 37 commitments, not reflected in the its audited Financial Statements financial statements delivered to the Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Agent and the other Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, financial statements and materials and other information have been delivered to the Administrative Agent: (i) audited financial statements of the Pro Forma Company and Projections, (ii) the U.S. Borrower's audited Financial Statements its Subsidiaries for the Fiscal Year fiscal year ended December 31, 1995, 2014; and (iiiii) unaudited financial statements of the Offering Memorandum with respect to Company and its Subsidiaries and of the Subordinated Debt dated October 10Borrower for the fiscal quarter ended March 31, 19962015. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower Company and its Subsidiaries as at the respective dates thereof. Neither the Borrower and no Subsidiary nor any of either Borrower its Subsidiaries has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the its audited Financial Statements financial statements delivered to the Administrative Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Administrative Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, financial statements and materials and other information have been delivered to the Administrative Agent: (i) annual audited financial statements of the Pro Forma Borrower and Projections, (ii) the U.S. Borrower's audited Financial Statements its Subsid­iaries for the Fiscal Year fiscal year ended December 31, 19952004, and (iiiii) quarterly financial statements for the Offering Memorandum with respect to Borrower and its Subsidiaries for the Subordinated Debt dated October 10fiscal quarter ending September 30, 19962005. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial finan­cial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower and its Subsidiaries as at the respective dates thereof. Neither the Borrower and no Subsidiary nor any of either Borrower its Subsidiaries has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the its audited Financial Statements financial statements delivered to the Administrative Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Administrative Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.

Financial Position. Complete and accurate copies of the following Financial Statements, financial statements and materials and other information have been delivered to the Administrative Agent: (i) audited financial statements of the Pro Forma Company and Projections, (ii) the U.S. Borrower's audited Financial Statements its Subsidiaries for the Fiscal Year fiscal year ended December 31, 1995, 2014; and (iiiii) unaudited financial statements of the Offering Memorandum with respect to Company and its Subsidiaries and of the Subordinated Debt dated October 10Borrower for the fiscal quarter ended September 30, 19962015. All Financial Statements financial statements included in such materials were prepared in all material respects in conformity with GAAP, except as otherwise noted therein, and fairly present in all material respects the respective consolidated financial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the U.S. Borrower Company and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower and no Subsidiary nor any of either Borrower its Subsidiaries has any Accommodation Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in the its audited Financial Statements financial statements delivered to the Administrative Agent on or prior to the Closing Date as aforesaid or otherwise disclosed to the Administrative Agent and the Lenders in writing, which will have or is reasonably likely to have a Material Adverse Effect.