Common use of Financial Condition; No Material Adverse Effect Clause in Contracts

Financial Condition; No Material Adverse Effect. (a) The Company has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year ended December 31, 2014, reported on by KPMG LLP, and (ii) as of and for the Fiscal Month and the portion of the Fiscal Year ended August 31, 2015, certified by a Financial Officer of the Company. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year year ended December 31, 20142003, reported on by KPMG Deloitte & Touche LLP, independent public accountants, and (ii) as of and for the Fiscal Month and the portion of the Fiscal Year quarter ended August March 31, 20152004, certified by a Financial Officer of the Companyits principal accounting officer. Such financial statements present fairly, in all material respects, the financial 60 position and results of operations and cash flows of the Company Borrower and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142003, reported on by KPMG PricewaterhouseCoopers LLP, independent public accountants, and (ii) as of and for the Fiscal Month fiscal quarter and the portion of the Fiscal Year fiscal year ended August March 31, 2015, certified by a Financial Officer of the Company2004. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet sheets and statements of income, stockholders equity retained earnings and cash flows changes in financial position (i) as of and for the Fiscal Year Years ended December August 31, 20142006, August 31, 2007 and August 31, 2008, reported on by KPMG LLPits auditors, and (ii) as of and for the Fiscal Month fiscal month and the portion of the Fiscal Year ended August 31February 28, 20152009, certified by a Financial Officer of the CompanyResponsible Officer. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Company and its consolidated Subsidiaries Borrower as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year year ended December 31, 20142003, reported on by KPMG Deloitte & Touche LLP, independent public accountants, and (ii) as of and for the Fiscal Month and the portion of the Fiscal Year quarter ended August March 31, 20152004, certified by a Financial Officer of the Companyits principal accounting officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142018, reported on by KPMG Deloitte & Touche LLP, independent public accountants, and (ii) as of and for the Fiscal Month fiscal quarter and the portion of the Fiscal Year fiscal year ended August March 31, 2015, certified by a Financial Officer of the Company2019. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) aboveunaudited quarterly financial statements.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders shareholders’ equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142010, reported on by KPMG LLPLLC, independent public accountants, and (ii) as of and for the Fiscal Month fiscal quarter and the portion of the Fiscal Year fiscal year ended August March 31, 2015, 2011 certified by a Financial Officer of the Companyits chief financial officer. Such financial statements present fairly, in all material respects, the financial position condition and results of operations and cash flows of the Company Borrower and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders on or before the Effective Date its consolidated balance sheet and statements of income, stockholders stockholders’ equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142006, reported on audited by KPMG PricewaterhouseCoopers LLP, independent public accountants, and (ii) as of and for the Fiscal Month and the portion of the Fiscal Year quarter ended August 31June 30, 2015, certified by a Financial Officer of the Company2007. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAPGAAP (subject, subject in the case of unaudited financial statements, to normal year‑end year end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) abovefootnotes).

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142015, reported on by KPMG Deloitte & Touche LLP, independent public accountants, and (ii) as of and for the Fiscal Month fiscal quarter and the portion of the Fiscal Year fiscal year ended August March 31, 2015, certified by a Financial Officer of the Company2016. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) aboveunaudited quarterly financial statements.

Financial Condition; No Material Adverse Effect. (a1) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year year ended December 31, 20141999, reported on by KPMG LLPDeloitte & Touche, independent public accountants, and (ii) as of and for the Fiscal Month and the portion of the Fiscal Year quarter ended August March 31, 20152000, certified by a Financial Officer of the Companyits principal accounting officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142016, reported on by KPMG Deloitte & Touche LLP, independent public accountants, and (ii) as of and for the Fiscal Month fiscal quarter and the portion of the Fiscal Year fiscal year ended August 31June 30, 2015, certified by a Financial Officer of the Company2017. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) aboveunaudited quarterly financial statements.

Financial Condition; No Material Adverse Effect. (a) The Company Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142015, reported on by KPMG Deloitte & Touche LLP, independent public accountants, and (ii) as of and for the Fiscal Month fiscal quarter and the portion of the Fiscal Year fiscal year ended August 31June 30, 2015, certified by a Financial Officer of the Company2016. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Borrower and its consolidated Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) aboveunaudited quarterly financial statements.

Financial Condition; No Material Adverse Effect. (a) The Company Vitran has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the Fiscal Year fiscal year ended December 31, 20142010, reported on by KPMG LLP, independent chartered/public accountants, and (ii) as of and for the Fiscal Month fiscal quarter and the portion of the Fiscal Year fiscal year ended August 31, 2015, September 30 certified by a Financial Officer of the Companyits chief financial officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Company Vitran and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to normal year‑end year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.