Common use of Financial Statements and Condition Clause in Contracts

Financial Statements and Condition. (a) The Borrower's audited consolidated and consolidating financial statements as at December 31, 2001 and its unaudited consolidated and consolidating financial statements as at September 30, 2002, as heretofore furnished to the Banks, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Since September 30, 2002, no Material Adverse Change has occurred.

Financial Statements and Condition. (a) The Borrower's Borrowers’ audited consolidated and consolidating financial statements as at December August 31, 2001 2003 and its their unaudited consolidated and consolidating financial statements as at September 30May 31, 20022004, as heretofore furnished to the BanksLenders, have been prepared in accordance with GAAP on a consistent basis (except for the absence of footnotes and subject to year-end audit adjustments as to the interim statements) and fairly present the financial condition of the Borrower and its Subsidiaries Borrowers as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the no Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Since September 30February 29, 20022004 and after giving effect to the Conversion, there has been no Material Adverse Change has occurredOccurrence.

Financial Statements and Condition. (a) The Borrower's audited consolidated and consolidating financial statements as at December 31June 30, 2001 1997 and its unaudited consolidated and consolidating financial statements as at September 30December 31, 20021997, as heretofore furnished to the BanksBank, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Since September June 30, 20021997, no Material Adverse Change Event has occurred.

Financial Statements and Condition. (a) The Original Borrower's audited consolidated financial statements as at March 31, 1995, and consolidating its unaudited consolidated financial statements as at December 31, 2001 and its unaudited consolidated and consolidating financial statements as at September 30, 20021995, as heretofore furnished to the BanksLender, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Original Borrower and its consolidated Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Original Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Since September 30December 31, 20021995, no there has not been any Material Adverse Change has occurredOccurrence.

Financial Statements and Condition. (a) The Borrower's ’s audited consolidated and consolidating financial statements as at December 31, 2001 2003 and its unaudited consolidated and consolidating financial statements as at September June 30, 20022004, as heretofore furnished to the Banks, have been prepared in accordance with GAAP on a consistent basis and fairly present the financial condition of the Borrower and its Subsidiaries as at such dates and the results of their operations and changes in financial position for the respective periods then ended. As of the dates of such financial statements, neither the Borrower nor any Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such financial statements or in the notes thereto. Since September June 30, 20022004, no Material Adverse Change has occurred.