Common use of Financial Condition; No Adverse Change Clause in Contracts

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31, 1995 and its unaudited financial statements for the fiscal year-to-date period ended December 31, 1996 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December August 31, 1995 2002 and its unaudited financial statements for the fiscal year-to-date period month ended December 31, 1996 2002 and those statements fairly present in all material respects the Borrower's ’s financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's ’s business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited unaudited financial statements for its fiscal year ended December 31, 1995 1999 and its unaudited financial statements for the fiscal year-to-date period ended December :March 31, 1996 2000 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31, 1995 1996 and its unaudited financial statements for the fiscal year-to-date period ended December 31September 30, 1996 1997, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited unaudited financial statements of the Borrower for its the fiscal year ended December 31, 1995 and its unaudited financial statements for the fiscal year-to-date period ended December 311999, 1996 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements of the Borrower for its fiscal year ended December January 31, 1995 1996 and its unaudited financial statements of the Borrower for the fiscal year-to-date period months ended December October 31, 1996 1996, and those statements fairly present the Borrower's financial condition of the Borrower on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise)) of the Borrower.

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its preliminary audited financial statements for its fiscal year ended December 31, 1995 1999 and its unaudited financial statements for the fiscal year-to-date period ended December 31April 30, 1996 2000 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31June 30, 1995 1997 and its unaudited financial statements for the fiscal year-to-date period ended December 31September 30, 1996 1997 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has Borrowers have heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31September 30, 1995 1997 and its unaudited financial statements for the fiscal year-to-date period ended December August 31, 1996 1998 and those statements fairly present the each Borrower's financial condition on the dates thereof and the results of its such Borrower's operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the either Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its preliminary audited financial statements for its the fiscal year ended December 31, 1995 2000 and its unaudited financial statements for the fiscal year-to-date period ended December 31November 30, 1996 2001 and those statements fairly present the Borrower's financial condition of on the dates thereof and the results of its their operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since Except as set forth on Schedule 5.5, since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise)) of the Borrower.

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31, 1995 and its unaudited financial statements of the Borrower for the fiscal year-to-date reporting period ended December 31, 1996 1998 and unaudited financial statements of the Borrower for the quarter ended March 31, 1999, and those statements fairly present the Borrower's financial condition of the Borrower on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise)) of the Borrower.

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements of the Borrower for its fiscal year ended December 31, 1995 1998 and its unaudited financial statements of the Borrower for the fiscal year-to-date period ended December October 31, 1996 1999, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principlesGAAP. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements of the Borrower for its fiscal year ended December 31, 1995 1994, and its unaudited financial statements of the Borrower for the fiscal year-to-date period months ended December 31February 28, 1996 1995, and those statements fairly present the Borrower's financial condition of the Borrower on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise)) of the Borrower.

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31February 28, 1995 1998 and its unaudited financial statements for the fiscal year-to-date period ended December 31January 30, 1996 1999 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements of the Borrower for its fiscal year ended December 31February 29, 1995 1999 and its unaudited financial statements of the Borrower for the fiscal year-to-date period ended December 31June 30, 1996 1999 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31, 1995 1998 and its unaudited financial statements for the fiscal year-to-date period ended December 31April 30, 1996 1999 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principlesGAAP. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements of the Borrower for its fiscal year ended December 3127, 1995 1996 and its unaudited financial statements of the Borrower for the fiscal year-to-date period months ended December 31March 2, 1996 1997, and those statements fairly present the Borrower's financial condition of the Borrower on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise)) of the Borrower.

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its consolidated audited financial statements of the Borrower for its fiscal the year ended December 31September 30, 1995 2006 and its consolidated unaudited financial statements for the fiscal year-to-date period six months ended December March 31, 1996 2007, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements of the Borrower for its fiscal year ended December January 31, 1995 1996, and its unaudited financial statements of the Borrower for the fiscal year-to-date period months ended December 31, 1996 1996, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements of the Borrower for its fiscal year ended December March 31, 1995 1996 and its unaudited financial statements of the Borrower for the fiscal year-to-date period months ended December 31June 30, 1996 1996, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principlesGAAP. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31September 30, 1995 1999 and its unaudited financial statements for the fiscal year-to-date period ended December 31November 30, 1996 1999 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31June 30, 1995 2000 and its unaudited financial statements for the fiscal year-to-date period ended December May 31, 1996 2001 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise).