Common use of Financial Statements and Condition Clause in Contracts

Financial Statements and Condition. The Parent’s audited consolidated financial statements as of December 31, 2007, and the Borrower’s unaudited quarterly financial statements as at September 30, 2008, 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 Parent, the Borrower and the Subsidiaries as at such dates and the results of their operations for the fiscal year then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since December 31, 2007, no Adverse Event has occurred.

Financial Statements and Condition. The Parent’s Borrower's audited consolidated financial statements as of December January 31, 20071996, and the Borrower’s its unaudited quarterly consolidated financial statements as at September 30of July 31, 20081996, 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 Parent, the Borrower and the its Subsidiaries as at of such dates and the results of their operations and their statement of cash flows for the fiscal year respective periods then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since December July 31, 20071996, no Adverse Event has occurred.

Financial Statements and Condition. The Parent’s Borrower's audited consolidated financial statements as of December 31at April 24, 2007, 1999 and the Borrower’s its unaudited quarterly consolidated financial statements as at September 30January 21, 20082000, 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 Parent, the Borrower and the its Subsidiaries as at such dates and the results of their operations and changes in financial position for the fiscal year respective periods then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since December 31April 24, 20071999, no Adverse Event has occurred.

Financial Statements and Condition. The Parent’s audited consolidated financial statements as of December 31, 20072006, and the Borrower’s unaudited quarterly financial statements as at September June 30, 20082007, 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 Parent, the Borrower and the Subsidiaries as at such dates and the results of their operations for the fiscal year then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since December 31, 20072006, no Adverse Event has occurred.

Financial Statements and Condition. The ParentBorrower’s audited consolidated financial statements as of at December 31, 2007, and the Borrower’s unaudited quarterly financial statements as at September 30March 31, 2008, 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 Parent, the Borrower and the Subsidiaries as at such dates and the results of their operations for the fiscal year then ended. As of the dates of such consolidated financial statements, neither the Borrower nor any Material Subsidiary had any material obligation, contingent liability, liability for taxes or long-term lease obligation which is not reflected in such consolidated financial statements or in the notes thereto. Since December 31, 2007, no Adverse Event has occurred.