Common use of Financial Statements; Fiscal Year Clause in Contracts

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein as of December 30, 1995, and the related statements of operations, stockholder's equity and cash flows for the period ended on such date, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur), and present fairly, in all material respects, the financial positions of Borrower and its Subsidiaries at such dates and the results of Borrower's operations for such periods. Since December 30, 1995, there has been no material adverse change in the condition, financial or otherwise, of Borrower or Borrower's Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or Borrower's Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the last Saturday in December of each year.

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries of Borrower and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of December 3031, 19952000, and the related statements of operationsincome, changes in stockholder's equity equity, and cash flows changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur)GAAP, and present fairly, in all material respects, fairly the financial positions of Borrower and its Subsidiaries such Persons at such dates and the results of Borrower's and such Persons' operations for such periods. Since December 3031, 19952000, there has been no material adverse change in the condition, financial or otherwise, of Borrower or Borrower's Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or Borrower's Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the last Saturday in December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower ACPI and such other Persons described therein (including the accounts of all Subsidiaries of ACPI and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of December 3031, 19951996, and February 28, 1997, respectively and the related statements of operationsincome, changes in stockholder's equity equity, and cash flows changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur)GAAP, and present fairly, in all material respects, fairly the financial positions of Borrower Borrowers and its Subsidiaries such Persons at such dates and the results of Borrower's Borrowers' and such Persons' operations for such periods. Since December 30February 28, 19951997, there has been no material adverse change in the condition, financial or otherwise, of any Borrower or Borrower's Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or Borrower's Subsidiaries Borrowers or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower Borrowers and each of its their respective Subsidiaries ends on the last Saturday in December of the 52nd week of each year.

Financial Statements; Fiscal Year. (a) The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries of Borrower for the respective periods during which a Subsidiary relationship existed) as of December June 30, 19951999, and the related statements of operationsincome, changes in stockholder's equity equity, and cash flows changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP (except for changes in application in year-end adjustments, which Borrower's independent certified public accountants concurshall not be material, and the absence of footnotes), and present fairly, in all material respects, fairly the financial positions position of Borrower and its Subsidiaries at such dates and the results of Borrower's operations for such periods. Since December June 30, 19951999, there has been no material adverse change in the condition, financial or otherwise, of Borrower or Borrower's Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or Borrower's Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the last Saturday in December 31st of each year.

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries of Borrower for the respective periods during which such entities were Subsidiaries) as of December September 30, 19951999, and the related statements of operationsincome, changes in stockholder's equity equity, and cash flows changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur)GAAP, and present fairly, in all material respects, fairly the financial positions of Borrower and its Subsidiaries such Persons at such dates and the results of Borrower's operations for such periods. Since December September 30, 19951999, there has been no material adverse change in the conditionbusiness, condition (financial or otherwise), operations, prospects or properties of Borrower or Borrower's Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or Borrower's Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adversehad a Material Adverse Effect. The fiscal year of Borrower and each of its Subsidiaries ends on the last Saturday in December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and such other Persons described therein (including the accounts of all Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of December 30August 25, 19952001, and the related statements of operationsincome, changes in stockholder's equity equity, and cash flows changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur), and present fairly, in all material respects, fairly the financial positions of Borrower and its Subsidiaries at such dates and the results of Borrower's operations for such periods. Since December 30August 25, 19952001, there has been no material adverse change in the condition, financial or otherwise, of Borrower or Borrower's , its Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Borrower or Borrower's its Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Borrower and each of its Subsidiaries ends on the last Saturday in closest to December 31 of each year.

Financial Statements; Fiscal Year. (i) The Consolidated and consolidating balance sheets of Parent, Borrower and such other Persons described therein (including the accounts of all Subsidiaries of Parent for the respective periods during which a Subsidiary relationship existed) as of December 3031, 19951998, December 31, 1999 and December 31, 2000, and the related statements of operationsincome, changes in stockholder's equity equity, and cash flows changes in financial position for the period periods ended on such datedates, have been prepared in accordance with GAAP (except for changes in application in which Borrower's independent certified public accountants concur)GAAP, and present fairly, in all material respects, fairly the financial positions of Borrower and its Subsidiaries such Persons at such dates and the results of Borrower's operations for such periods. Since December September 30, 19952000, there has been no material adverse change in the condition, financial or otherwise, of Parent or Borrower or Borrower's Subsidiaries and such other Persons as shown on the Consolidated balance sheet as of such date and no change in the aggregate value of Equipment and real Property owned by Parent and Borrower or Borrower's Subsidiaries or such other Persons, except changes in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. The fiscal year of Parent, Borrower and each of its their Subsidiaries ends on the last Saturday in December 31 of each year.