Fuel Financial Statements Clause Samples

Fuel Financial Statements. Each of the consolidated financial statements (including, in each case, any related notes thereto) contained in the Fuel SEC Documents (the "FUEL FINANCIAL STATEMENTS"), including any Fuel SEC Documents filed after the date hereof until the Closing: (i) complied as to form in all material respects with the published rules and regulations of the SEC with respect thereto; (ii) was prepared in accordance with GAAP applied on a consistent basis throughout the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited interim financial statements, as may be permitted by the SEC on Form 10-Q, 8-K or any successor form under the Exchange Act); and (iii) fairly present in all material respects the consolidated financial position of Fuel and its subsidiaries as at the respective dates thereof and the consolidated results of Fuel's operations and cash flows for the periods indicated, except that the unaudited interim financial statements may not contain footnotes and were or are subject to normal and recurring year-end adjustments. The balance sheet of Fuel contained in the Fuel SEC Documents as of July 31, 2000 is hereinafter referred to as the "FUEL BALANCE SHEET", with July 31, 2000 hereinafter referred to as the Fuel Balance Sheet Date. Except as disclosed in the Fuel Financial Statements, since the Fuel Balance Sheet Date neither Fuel nor any of its subsidiaries has any liabilities required under GAAP to be set forth on a balance sheet (absolute, accrued, contingent or otherwise) which are, individually or in the aggregate, material to the business, results of operations or financial condition of Fuel and its subsidiaries taken as a whole, except for liabilities incurred since the Fuel Balance Sheet Date in the ordinary course of business consistent with past practices and liabilities incurred in connection with this Agreement. There has been no change in Fuel's accounting policies, except as described in the notes to the Fuel Financial Statements.