Common use of CORRECTNESS OF FINANCIAL STATEMENT Clause in Contracts

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statements of Borrower for the year ended September 30, 2015, and all interim financial statements delivered to Lender since said date, true copies of which have been delivered or made available by Borrower to Lender prior to the date hereof, (a) are complete and correct and present fairly the financial condition of Borrower, (b) disclose all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of Borrower, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender or as otherwise permitted by Lender in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statements statement of Borrower for the year ended September 30dated January 31, 20152014, and all interim financial statements delivered to Lender Bank since said date, true copies of which have been delivered or made available by Borrower to Lender Bank prior to the date hereof, (a) are complete and correct and present fairly the financial condition of BorrowerBorrower as of each such date, (b) disclose all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of Borrower, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender Bank or as otherwise permitted disclosed by Lender Borrower to Bank in writingwriting prior to the date hereof.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statements of Borrower for the year ended September 30, 20152016, and all interim financial statements delivered to Lender since said date, true copies of which have been delivered or made available by Borrower to Lender prior to the date hereof, (a) are complete and correct and present fairly the financial condition of Borrower, (b) disclose all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of Borrower, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender or as otherwise permitted by Lender in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statements statement of Borrower for the year ended September 30dated December 31, 20152006, and all interim financial statements delivered to Lender Bank since said date, true copies of which have been delivered or made available by Borrower to Lender Bank prior to the date hereof, (a) are complete and correct and present fairly the consolidated financial condition of Borrower, (b) disclose all consolidated liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently appliedapplied (“GAAP”). Since the dates of such financial statements there has been no material adverse change in the consolidated financial condition of Borrower, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender or as otherwise permitted by Lender in writing.*** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION

CORRECTNESS OF FINANCIAL STATEMENT. The consolidated annual financial statements of Borrower as of and for the year ended September 30December 31, 20152012, and all interim financial statements delivered to Lender Bank since said date, true copies of which have been delivered or made available by Borrower to Lender Bank prior to the date hereofClosing Date, (a) are complete and correct and present fairly the financial condition of Borrowerthe Companies, (b) disclose all liabilities of Borrower the Companies that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of Borrowerany Obligor, nor has Borrower any Obligor mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender Bank or as otherwise permitted by Lender Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual consolidated financial statements of Borrower for the year ended September 30dated December 31, 20151997 and March 31, and all interim financial statements delivered to Lender since said date1998, a true copies copy of which have has been delivered or made available by Borrower to Lender Bank prior to the date hereof, (a) are is complete and correct and present presents fairly the financial condition of BorrowerBorrower and its Subsidiaries, (b) disclose discloses all liabilities of Borrower and its Subsidiaries that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have has been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates date of such financial statements statement there has been no material adverse change in the financial condition of BorrowerBorrower or its Subsidiaries, nor has Borrower or its Subsidiaries mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender Bank or as otherwise permitted by Lender Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statements of Borrower for the year ended September 30, 20152017, and all interim financial statements delivered to Lender since said date, true copies of which have been delivered or made available by Borrower to Lender prior to the date hereof, (a) are complete and correct and present fairly the financial condition of Borrower, (b) disclose all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of Borrower, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender or as otherwise permitted by Lender in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual consolidated financial statements statement of Borrower for the year ended September dated June 30, 20152011, and all interim financial statements delivered to Lender Bank since said date, true copies of which have been delivered or made available by Borrower to Lender Bank prior to the date hereof, (a) are complete and correct and present fairly the financial condition of BorrowerBorrower and its Subsidiaries on a consolidated basis, (b) disclose all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of BorrowerMaterial Adverse Effect, nor has Borrower or any Subsidiary mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender Bank or as otherwise permitted by Lender Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statements statement of Borrower for the year ended September and Subsidiaries dated November 30, 20151997, and all interim financial statements delivered to Lender since said date, a true copies copy of which have has been delivered or made available by Borrower to Lender Bank prior to the date hereof, (a) are is complete and correct and present presents fairly the financial condition of BorrowerBorrower and Subsidiaries, (b) disclose discloses all liabilities of Borrower and Subsidiaries that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have has been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates date of such financial statements statement there has been no material adverse change in the financial condition of BorrowerBorrower or any Subsidiary, nor has Borrower or any Subsidiary mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender Bank or as otherwise permitted by Lender Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statements statement of Borrower for the year ended September 30dated December 31, 20152013, and all interim financial statements delivered to Lender Bank since said date, true copies of which have been delivered or made available by Borrower to Lender Bank prior to the date hereof, (a) are complete and correct and present fairly the financial condition of Borrower, (b) disclose all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of BorrowerBorrower or any of its Affiliates, nor has Borrower or any of its Affiliates mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender Bank or as otherwise permitted by Lender Bank in writing. As of the date hereof, Borrower is solvent and, following the consummation of the transactions contemplated herein, will continue to be solvent.

CORRECTNESS OF FINANCIAL STATEMENT. The consolidated annual financial statements of Borrower as of and for the year ended September 30December 31, 20152010, and all interim financial statements delivered to Lender Bank since said date, true copies of which have been delivered or made available by Borrower to Lender Bank prior to the date hereofClosing Date, (a) are complete and correct and present fairly the financial condition of Borrower, (b) disclose all liabilities of Borrower that are required to be reflected or reserved against under generally accepted accounting principles, whether liquidated or unliquidated, fixed or contingent, and (c) have been prepared in accordance with generally accepted accounting principles consistently applied. Since the dates of such financial statements there has been no material adverse change in the financial condition of Borrower, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except in favor of Lender Bank or as otherwise permitted by Lender Bank in writing.