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 balance sheet of the Borrower and its Subsidiaries at September 30, 1998 and June 30, 1999 and the related consolidated statements of operations, cash flows and shareholders' equity of the Borrower and its Subsidiaries for the fiscal year or nine-month period ended on such dates, respectively, copies of which have been furnished to the Banks prior to the Effective Date, present fairly the financial position of the Borrower and its Subsidiaries at the date of such balance sheets and the results of the operations of the Borrower and its Subsidiaries for the periods covered thereby. Except as previously disclosed in writing to the agents under the Existing Credit Agreement, since September 30, 1998, there has been no material adverse change in the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower or the Borrower and its Subsidiaries taken as a whole.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) The consolidated balance sheet of the Borrower and its Subsidiaries at September 30, 1998 1997 and June September 30, 1999 1998 and the related consolidated statements of operations, cash flows and shareholders' equity of the Borrower and its Subsidiaries for the fiscal year or nine-month period years ended on such dates, respectively, copies of which have been furnished to the Banks prior to the Restatement Effective Date, present fairly the financial position of the Borrower and its Subsidiaries at the date of such balance sheets and the results of the operations of the Borrower and its Subsidiaries for the periods covered thereby. Except as previously disclosed in writing After giving effect to the agents under Transaction (but for this purpose assuming that the Existing Credit AgreementTransaction had occurred prior to September 30, 1998), since September 30, 1998, there has been no material adverse change in the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower or the Borrower and its Subsidiaries taken as a whole.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) The consolidated balance sheet sheets of the Borrower and its Subsidiaries at September 30January 31, 1998 and June January 30, 1999 and May 2, 1998 and May 1, 1999, and the related consolidated statements of operations, operations and cash flows and shareholders' equity of the Borrower and its Subsidiaries for the fiscal year or nine-month period years ended on such datesFebruary 1, respectively1997, January 31, 1998 and January 30, 1999 and fiscal quarters ended May 2, 1998 and May 1, 1999, copies of which have been furnished to the Banks Lenders prior to the Effective Initial Borrowing Date, present fairly the consolidated financial position of the Borrower and its Subsidiaries at the date of such balance sheets and the consolidated results of the operations of the Borrower and its Subsidiaries for the periods covered thereby. Except as previously disclosed in writing After giving effect to the agents under the Existing Credit Agreement, since September 30, 1998Transaction, there has been no material adverse change in the business, operations, property, assets, liabilities, financial condition (financial or otherwise) or prospects of the Borrower or the Borrower and its Subsidiaries taken as a wholewhole since January 30, 1999.

Financial Statements; Financial Condition; Undisclosed Liabilities; Projections; etc. (a) The consolidated balance sheet sheets of the Borrower as at December 31, 2003, December 31, 2004 and its Subsidiaries at September 30, 1998 and June 302005, 1999 and the related consolidated statements of operationsoperation, cash flows and shareholders' (with respect to December 31, 2004), stockholders’ equity and comprehensive income of the Borrower and its Subsidiaries for the each fiscal year or nine-month period fiscal quarter ended on such dates, respectively, copies of which have been furnished to the Banks Lenders prior to the Effective Initial Borrowing Date, present fairly in all material respects the consolidated financial position of the Borrower and its Subsidiaries at the date dates of such balance sheets and the consolidated results of the operations of the Borrower and its Subsidiaries for the periods covered thereby. Except as previously disclosed All of the foregoing historical financial statements have been prepared in writing to accordance with generally accepted accounting principles consistently applied by the agents under the Existing Credit AgreementBorrower. Since December 31, since September 30, 19982004, there has been no material adverse change in the business, operations, property, assets, liabilities, or financial condition (financial or otherwise) or prospects of the Borrower or the Borrower and its Subsidiaries taken as a whole.