Common use of Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc Clause in Contracts

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) The consolidated statements of financial condition of Holdings and its Subsidiaries at June 30, 1996 and September 30, 1996, and the related consolidated statements of income and cash flow and shareholders' equity of Holdings and its Subsidiaries for the fiscal year and three-month period ended on such dates, as the case may be, and furnished to the Banks prior to the Effective Date, present fairly the financial condition of Holdings and its Subsidiaries at the date of such statements of financial condition and the results of the operations of Holdings and its Subsidiaries for the respective fiscal year or three-month period, as the case may be. All such financial statements have been prepared in accordance with generally accepted accounting principles and practices consistently applied except to the extent provided in the notes to said financial statements and subject to normal year end adjustments in the case of the September 30, 1996 financial statements. After giving effect to the Transaction, since June 30, 1996, there has been no material adverse change in the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower or of Holdings and its Subsidiaries taken as a whole.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) The consolidated statements balance sheets of financial condition of Holdings the Borrower and its Subsidiaries at for the fiscal years ended on June 30, 1996 and September 2001, June 30, 19962002 and June 30, 2003 and the interim nine-month period ended March 31, 2004, and the related consolidated statements of income and income, cash flow flows and shareholders' ’ equity of Holdings and its Subsidiaries the Borrower for the fiscal year and threeor nine-month period ended on such dates, as the case may be, and copies of which have been furnished to the Banks Lenders prior to the Effective Date, present fairly in all material respects the consolidated financial condition position of Holdings the Borrower and its Subsidiaries Subsid­iaries at the date dates of such statements of financial condition balance sheets and the consolidated results of the operations of Holdings the Borrower and its Subsidiaries for the respective fiscal year or three-month period, as the case may beperiods covered thereby. All such of the foregoing financial statements state­ments have been prepared in accordance with generally accepted accounting principles and practices consistently applied except to the extent provided in the notes to said financial statements and subject to normal year end adjustments GAAP (except, in the case of the September 30, 1996 afore­mentioned interim financial statements, for normal year-end audit adjustments and the absence of footnotes). After giving effect to the TransactionTransaction (but for this purpose assuming the Transaction had occurred prior to June 30, 2003), since June 30, 19962003 nothing has occurred which has had, there has been no or could reasonably be expected to have, a material adverse change in effect on the business, operations, property, assets, liabilitiesliabilities (actual or contin­gent), operations or condition (financial or otherwise) or prospects of the Borrower or of Holdings and its Subsidiaries taken as a whole.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) The consolidated statements balance sheets of financial condition of Holdings the Borrower and its Subsidiaries at for the fiscal years ended on June 30, 1996 and September 1998, June 30, 19961999 and June 30, 2000 and the interim nine-month period ended March 31, 2001, and the related consolidated statements of income and income, cash flow flows and shareholders' equity of Holdings and its Subsidiaries the Borrower for the fiscal year and threeor nine-month period ended on such dates, as the case may be, and copies of which have been furnished to the Banks Lenders prior to the Effective Date, present fairly in all material respects the consolidated financial condition position of Holdings the Borrower and its Subsidiaries at the date dates of such statements of financial condition balance sheets and the consolidated results of the operations of Holdings the Borrower and its Subsidiaries for the respective fiscal year or three-month period, as the case may beperiods covered thereby. All such of the foregoing financial statements have been prepared in accordance with generally accepted accounting principles and practices consistently applied except to the extent provided in the notes to said financial statements and subject to normal year end adjustments GAAP (except, in the case of the September 30, 1996 aforementioned interim financial statements, for normal year-end audit adjustments and the absence of footnotes). After giving effect to the TransactionTransaction (but for this purpose assuming the Transaction had occurred prior to June 30, 2000), since June 30, 19962000 nothing has occurred which has had, there has been no or could reasonably be expected to have, a material adverse change in effect on the business, operations, property, assets, liabilitiesliabilities (actual or contingent), operations or condition (financial or otherwise) or prospects of the Borrower or of Holdings and its Subsidiaries taken as a whole.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) The consolidated statements balance sheets of financial condition of Holdings the Borrower for the fiscal year ended on December 31, 2001 and its Subsidiaries at June 30, 1996 and for the nine-month period ended on September 30, 19962002, and the related consolidated statements of income and income, cash flow flows and shareholders' equity of Holdings and its Subsidiaries the Borrower for the fiscal year and threeor nine-month period ended on such dates, as the case may be, and copies of which have been furnished to the Banks Administrative Agent and the Lenders prior to the Effective Date, present fairly in all material respects the consolidated financial condition position of Holdings and its Subsidiaries the Borrower at the date of such statements of financial condition balance sheets and the consolidated results of the operations of Holdings and its Subsidiaries the Borrower for the respective fiscal year or three-month period, as the case may beperiods covered thereby. All such of the foregoing historical financial statements have been prepared in accordance with generally accepted accounting principles and practices consistently applied except to the extent provided in the notes to said financial statements and subject to normal year end adjustments in the case of the GAAP. Since September 30, 1996 financial statements. After giving effect to the Transaction, since June 30, 19962002, there has been no material adverse change in the business, operations, property, assets, liabilities, liabilities or condition (financial or otherwise) or prospects of the Borrower or any of Holdings and its Subsidiaries taken as that has had, or could reasonably be expected to have, a wholeMaterial Adverse Effect.