Common use of Financial Position Clause in Contracts

Financial Position. Complete and accurate copies of the following financial statements and materials have been delivered to the Administrative Agent: (i) audited financial statements of the Company and its Subsidiaries for the fiscal year ended December 31, 2016; and (ii) unaudited financial statements of the Company and its Subsidiaries and of the Borrower for the fiscal quarter ended September 30, 2017. 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 Company and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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, materials and materials other information have been delivered to the Administrative Agent: (i) the Pro Forma and Projections, (ii) the U.S. Borrower's audited financial statements of the Company and its Subsidiaries Financial Statements for the fiscal year Fiscal Year ended December 31, 2016; 1995, and (iiiii) unaudited financial statements of the Company and its Subsidiaries and of Offering Memorandum with respect to the Borrower for the fiscal quarter ended September 30Subordinated Debt dated October 10, 20171996. 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 Company U.S. Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any and no Subsidiary of its Subsidiaries either Borrower has any Contingent Accommodation Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its the 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 1997, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended September ending June 30, 20171998. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or 58 60 liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) audited financial statements of the Company and its Subsidiaries for the fiscal year ended December 31, 20162014; and (ii) unaudited financial statements of the Company and its Subsidiaries and of the Borrower for the fiscal quarter ended September 30, 20172015. 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 Company and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 2008, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended ending September 30, 20172009. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 2000, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended ending September 30, 20172001. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 2011, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended September 30ending March 31, 20172012. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Payment and Disbursement Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 1998, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended September 30ending March 31, 20171999. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Payment and Disbursement Agent on or prior to the Closing Date or otherwise disclosed to the Administrative Payment and Disbursement 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 1998, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended ending September 30, 20171999. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 2003, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended ending September 30, 20172004. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries for the fiscal year ended December 31, 2016; 2010, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended September ending June 30, 20172011. 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 Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (ia) annual audited financial statements of General Partner, Borrower and the Company and its Subsidiaries for the fiscal year ended December 31, 20161998; and (iib) unaudited quarterly financial statements of for General Partner, Borrower and the Company and its Subsidiaries and of the Borrower for the fiscal quarter ended September 30ending December 31, 20171998. 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 Company and its Subsidiaries General Partner, Borrower and the Borrower, as applicable, Subsidiaries as at the respective dates thereof. Neither the Borrower nor None of General Partner, Borrower, or any of its Subsidiaries Subsidiary has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or 30 37 commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date or otherwise disclosed to the Administrative 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 and materials have been delivered to the Administrative Agent: (i) annual audited financial statements of the Company Borrower and its Subsidiaries Subsid­iaries for the fiscal year ended December 31, 2016; 2004, and (ii) unaudited quarterly financial statements of for the Company Borrower and its Subsidiaries and of the Borrower for the fiscal quarter ended ending September 30, 20172005. 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 finan­cial positions, and the consolidated results of operations and cash flows for each of the periods covered thereby of the Company Borrower and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) audited financial statements of the Company and its Subsidiaries for the fiscal year ended December 31, 20162014; and (ii) unaudited financial statements of the Company and its Subsidiaries and of the Borrower for the fiscal quarter ended September 30March 31, 20172015. 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 Company and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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 and materials have been delivered to the Administrative Agent: (i) audited financial statements of the Company and its Subsidiaries for the fiscal year ended December 31, 20162014; and (ii) unaudited financial statements of the Company and its Subsidiaries and of the Borrower for the fiscal quarter ended September 30, 20172015. 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 Company and its Subsidiaries and the Borrower, as applicable, as at the respective dates thereof. Neither the Borrower nor any of its Subsidiaries has any Contingent Obligation, contingent liability or liability for any taxes, long-term leases or commitments, not reflected in its audited financial statements delivered to the Administrative Agent on or prior to the Closing Date 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.