Common use of CORRECTNESS OF FINANCIAL STATEMENT Clause in Contracts

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statement of Borrower dated December 31, 2016, and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) since said date, true copies of which have been delivered by Borrower to Lenders (or set forth in public filings) prior to the date hereof, (a) are complete and correct in all material respects and present fairly the financial condition of Borrower, (b) disclose all liabilities of Borrower that, as of the date thereof, 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 Permitted Liens (as defined below).

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statement of Borrower dated December 31February 28, 20162006, and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) since said date, a true copies copy of which have has been delivered by Borrower to Lenders (or set forth in public filings) Bank prior to the date hereof, (a) are is complete and correct in all material respects and present presents fairly the financial condition of BorrowerBorrower in accordance with generally accepted accounting principles, (b) disclose discloses all liabilities of Borrower that, as of the date thereof, 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 and its subsidiaries, taken as a whole, nor has Borrower mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statement of Borrower Guarantor dated December 31November 30, 20162006, and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) since said date, a true copies copy of which have has been delivered by Borrower Guarantor to Lenders (or set forth in public filings) Bank prior to the date hereof, (a) are is complete and correct in all material respects and present presents fairly the financial condition of BorrowerGuarantor in accordance with generally accepted accounting principles, (b) disclose discloses all liabilities of Borrower that, as of the date thereof, Guarantor 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 BorrowerGuarantor and its subsidiaries, taken as a whole, nor has Borrower Guarantor mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except (i) Permitted Liens (as defined below), (ii) in favor of Bank, or (iii) as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual consolidated and consolidating financial statement of Borrower and its Subsidiaries dated December 31as of June 30, 20162002, and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) since said date, a true copies copy of which have has been delivered by Borrower to Lenders (or set forth in public filings) Bank prior to the date hereof, (a) are is complete and correct in all material respects and present presents fairly the financial condition of BorrowerBorrower and its Subsidiaries, (b) disclose discloses all liabilities of Borrower that, as of the date thereof, 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 and its Subsidiaries, nor has Borrower or any Subsidiary of Borrower mortgaged, pledged, granted a security interest Lien in or otherwise encumbered any of its assets or properties except Permitted Liens (i) in favor of Bank, (ii) pursuant to the Note Agreement or (iii) as defined below)otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statement of Borrower dated December March 31, 20162006, and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) Bank since said date, true copies of which have been delivered by Borrower to Lenders (or set forth in public filings) Bank prior to the date hereof, (a) are complete and correct in all material respects and present fairly the financial condition of Borrower, subject, in the case of interim statements, to year-end adjustments, (b) disclose all liabilities of Borrower that, as of the date thereof, 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, except for, in the case of interim statements, the absence of footnotes. 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 Bank, Permitted Liens (Liens, as defined in Section 5.3, below), or as otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual consolidated and consolidating financial statement of Borrower and its Subsidiaries dated December as of March 31, 20162000, and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) since said date, a true copies copy of which have has been delivered by Borrower to Lenders (or set forth in public filings) Bank prior to the date hereof, (a) are is complete and correct in all material respects and present presents fairly the financial condition of BorrowerBorrower and its Subsidiaries, (b) disclose discloses all liabilities of Borrower that, as of the date thereof, 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 and its Subsidiaries, nor has Borrower or any Subsidiary of Borrower mortgaged, pledged, granted a security interest Lien in or otherwise encumbered any of its assets or properties except Permitted Liens (i) in favor of Bank, (ii) pursuant to the Note Agreement or (iii) as defined below)otherwise permitted by Bank in writing.

CORRECTNESS OF FINANCIAL STATEMENT. The annual financial statement of Borrower Borrowers and Subsidiaries dated December 31November 30, 20162003, and all interim financial statements of Borrower delivered to Lenders (or set forth in public filings) since said date, a true copies copy of which have has been delivered by Borrower Borrowers to Lenders (or set forth in public filings) Bank prior to the date hereof, (a) are is complete and correct in all material respects and present presents fairly the financial condition of BorrowerBorrowers and Subsidiaries as of said date, (b) disclose discloses all liabilities of Borrower that, Borrowers and Subsidiaries as of the said date thereof, 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, except as noted therein. Since the dates date of such financial statements statement there has been no material adverse change in the financial condition of Borrowerany Borrower or any Subsidiary, nor has any Borrower or any Subsidiary mortgaged, pledged, granted a security interest in or otherwise encumbered any of its assets or properties except Permitted Liens (in favor of Bank or as defined below)otherwise permitted by Bank under this Agreement or in another writing.