Common use of Financial Reports Clause in Contracts

Financial Reports. The consolidated balance sheet of the Company and its Subsidiaries as at December 31, 2005, and the related consolidated statements of income, retained earnings and cash flows of the Company and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company and its Subsidiaries as at September 30, 2006, and the related consolidated statements of income, retained earnings and cash flows of the Company and its Subsidiaries for the nine months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, the consolidated financial condition of the Company and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052016, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062017, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052008, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September June 30, 20062009, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the nine six months then ended, heretofore furnished to the Administrative Agent and the LendersBank, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December of August 31, 20052013, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG KPMG, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30of February 28, 20062014, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 6 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December January 31, 20052021, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the any other unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 2006available on or before the Closing Date, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine months period then ended, heretofore furnished to the Administrative Agent and the LendersAgent, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof6.05.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052020, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 20062021, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine months quarterly period then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.6.5. Section 5.6

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052017, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062018, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 3 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company and its Subsidiaries as at December of March 31, 2005, 1997 and the related consolidated statements of income, retained earnings and cash flows of the Company and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLPPeat Marwick, independent public accountants, and the unaudited interim consolidated -21- balance sheet of the Company and its Subsidiaries as at September 30, 2006, 1997 and the related consolidated statements of income, retained earnings and cash flows of the Company and its Subsidiaries for the nine six (6) months then ended, and the balance sheet of HealthStar, dated December 12, 1997, heretofore furnished to the Administrative Agent and the LendersBank, fairly present, in all material respects, present the consolidated financial condition of the Company and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Company nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof. Since March 31, 1997, there has been no material adverse change in the condition (financial or otherwise) or business prospects of the Company and its Subsidiaries nor any change to the Company and its Subsidiaries except those occurring in the ordinary course of business.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052014, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 20062015, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31of , 200520 I, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ABC & Company, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 200620 , and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the nine 6 months then ended, heretofore furnished to the Administrative Agent and the LendersBank, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 7.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052009, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30October 3, 20062010, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine (9) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at December 3129, 20052017, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG US LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at September 30the Fiscal Quarter ended on or about June 29, 20062018, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the nine months two (2) Fiscal Quarters then ended, heretofore furnished to the Administrative Agent and the LendersAgent, fairly present, present in all material respects, respects the consolidated financial condition of the Company Loan Parties and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent No Loan Party nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052004, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 2006, 2005 and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine (9) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at December March 31, 20052013, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at September 30, 20062013, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the nine six (6) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Loan Parties and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent any Loan Party nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31September 30, 20052002, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG PricewaterhouseCoopers LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062003, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine six (6) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052007, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 2006, 2008 and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine three (3) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at of December 31, 20052010, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the unqualified audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 20062011, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine three (3) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither None of the Parent nor Borrower or any Subsidiary has contingent liabilities which are material to it and that would be are required to be disclosed set forth in its financial statements or notes thereto in accordance with GAAP other than as indicated on such financial statements orand notes thereto, including with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31January 1, 2005, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the fiscal year 12 months then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062005, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the nine three (3) months then ended, each heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such the financial statements referred to above or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31September 29, 20052007, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30June 28, 20062008, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 9 months then ended, heretofore furnished to the Administrative DIP Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisGAAP. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052018, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September June 30, 20062019, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine months quarterly period then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof6.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20051999, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLPErnst & Young, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September June 30, 20062000, and the related consolidated statements of income, income and retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 6 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any other Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December August 31, 20052011, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30May 31, 20062012, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 6 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052011, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Deloitte & Touche LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 20062012, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 9 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis, subject to changes resulting from audit, normal year-end audit adjustments and the absence of certain footnotes. Neither the Parent Borrower nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052014, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062015, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine (9) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052002, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 2006, 2003 and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine (9) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at December 3128, 20052012, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at September 30the Fiscal Month ended November 22, 20062013, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the nine months 11 Fiscal Months then ended, heretofore furnished to the Administrative Agent and the LendersBank, fairly present, in all material respects, present the consolidated financial condition of the Company Loan Parties and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent No Loan Party nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The audited consolidated balance sheet of the Company and its Subsidiaries as at December 31, 2005, and the related consolidated financial statements of income, retained earnings and cash flows of the Company Parent and its Subsidiaries for the fiscal year then endedended December 31, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants2019, and the unaudited interim consolidated balance sheet of the Company and its Subsidiaries as at September 30, 2006, and the related consolidated financial statements of income, retained earnings and cash flows of the Company Parent and its Subsidiaries for the nine months then endedfiscal year ended December 31, 2020, heretofore furnished to the Administrative Agent and the LendersAgent, fairly present, in all material respects, and adequately present the consolidated financial condition of the Company Parent and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither As of any date after the Parent nor Restatement Effective Date, the audited consolidated financial statements of the Borrower and its Subsidiaries most recently furnished to the Administrative Agent pursuant to Section 6.1, fairly and adequately present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. As of the date of the most recently delivered annual financial statements, no Loan Party or any Subsidiary of a Loan Party has contingent liabilities which required to be disclosed under GAAP or judgments, orders or injunctions against it that are material to it and that would be required to be disclosed in accordance with GAAP which otherwise constitute an Event of Default under Section 7.1(g), other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof6.1.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052002, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG PricewaterhouseCoopers LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062003, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 3 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31January 1, 20052000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the fiscal year 12 months then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 20062000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the nine 9 months then ended, each heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such the financial statements referred to above or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052006, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September June 30, 20062007, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine six (6) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December August 31, 20052004, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30May 31, 20062005, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 9 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31of June 30, 20052017, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, an independent public accountantsaccountant reasonably acceptable to Bank, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062018, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine (9) months then ended, heretofore furnished to the Administrative Agent and the LendersBank, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof6.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31January 1, 20052000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the fiscal year 12 months then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30April 1, 20062000, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the nine 6 months then ended, each heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such the financial statements referred to above or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052020, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 20062021, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary of its Restricted Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052010, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30December 31, 20062010, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 12 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052013, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30December 31, 20062013, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 12 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 2005, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the fiscal year 12 months then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 2006, and the related consolidated statements of income, retained earnings earnings, and cash flows of the Company Borrower and its Subsidiaries for the nine (9) months then ended, each heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such the financial statements referred to above or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 2005, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG G▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30April 2, 2006, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine three (3) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrowers and its their Subsidiaries as at December 31August 30, 20052002, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrowers and its their Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrowers and its their Subsidiaries as at September 30May 31, 20062003, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrowers and its their Subsidiaries for the nine three (3) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrowers and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither of the Parent Borrowers nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 7.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052001, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30, 20062002, and the related consolidated statements of income, income and retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 9 months then ended, heretofore furnished to the Administrative Agent and the LendersBanks, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis (other than changes then required by GAAP). Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31September 30, 20052014, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLPMc Gladrey LLP (or other independent public accountant acceptable to the Bank), independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September June 30, 20062015, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine (9) months then ended, heretofore furnished to the Administrative Agent and the LendersBank, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof6.5.

Financial Reports. The audited consolidated balance sheet of the Company and its Subsidiaries as at December 31, 2005, and the related consolidated financial statements of income, retained earnings and cash flows of the Company Parent and its Subsidiaries for the fiscal year then endedended December 31, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants2022, and the unaudited interim consolidated balance sheet of the Company and its Subsidiaries as at September 30, 2006, and the related consolidated financial statements of income, retained earnings and cash flows of the Company Parent and its Subsidiaries for the nine months then endedfiscal quarter ended March 31, 2023, heretofore furnished to the Administrative Agent and the LendersAgent, fairly present, in all material respects, and adequately present the consolidated financial condition of the Company Parent and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither As of any date after the Parent nor Restatement Effective Date, the audited consolidated financial statements of the Borrower and its Subsidiaries most recently furnished to the Administrative Agent pursuant to Section 6.1, fairly and adequately present in all material respects the consolidated financial condition of the Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. As of the date of the most recently delivered annual financial statements, no Loan Party or any Subsidiary of a Loan Party has contingent liabilities which required to be disclosed under GAAP or judgments, orders or injunctions against it that are material to it and that would be required to be disclosed in accordance with GAAP which otherwise constitute an Event of Default under Section 7.1(g), other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof6.1.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052002, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September June 30, 20062003, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine six (6) months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31September 30, 20052007, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September June 30, 20062008, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 9 months then ended, heretofore furnished to the Administrative DIP Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisGAAP. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP which are material to it other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at December 31January 1, 20052016, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the fiscal year Fiscal Year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Loan Parties and its their Subsidiaries as at the Fiscal Quarter ended September 30, 20062016, and the related consolidated statements of income, retained earnings and cash flows of the Company Loan Parties and its their Subsidiaries for the nine months 3 Fiscal Quarters then ended, heretofore furnished to the Administrative Agent and the LendersBank, fairly present, in all material respects, present the consolidated financial condition of the Company Loan Parties and its their Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent No Loan Party nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December 31, 20052013, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30March 31, 20062014, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine three months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, present in all material respects, respects the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basis. Neither the Parent Borrower nor any Subsidiary of its Subsidiaries has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof8.5.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December August 31, 2005, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG Ernst & Young, LLP, independent public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30May 31, 2006, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 9 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.

Financial Reports. The consolidated balance sheet of the Company Borrower and its Subsidiaries as at December August 31, 20052009, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the fiscal year then ended, and accompanying notes thereto, which financial statements are accompanied by the audit report of KPMG LLP▇▇▇▇▇ & ▇▇▇▇▇, independent ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ public accountants, and the unaudited interim consolidated balance sheet of the Company Borrower and its Subsidiaries as at September 30February 28, 20062010, and the related consolidated statements of income, retained earnings and cash flows of the Company Borrower and its Subsidiaries for the nine 6 months then ended, heretofore furnished to the Administrative Agent and the Lenders, fairly present, in all material respects, present the consolidated financial condition of the Company Borrower and its Subsidiaries as at said dates and the consolidated results of their operations and cash flows for the periods then ended in conformity with GAAP applied on a consistent basisbasis and disclose or reflect all its actual and contingent liabilities at that date. Neither the Parent Borrower nor any Subsidiary has contingent liabilities which are material to it and that would be required to be disclosed in accordance with GAAP other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished pursuant to Section 8.5 hereof.