Common use of Historical Statements Clause in Contracts

Historical Statements. The Company has delivered to the Agent copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year ended July 31, 1998 (the "Annual Statements"). In addition, the Company has delivered to the Agent copies of its unaudited consolidated interim financial statements as of the end of the fiscal quarters ended October 31, 1998, January 31, 1999 and April 30, 1999 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Company's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments, none of which could reasonably be expected to have a Material Adverse Effect.

Historical Statements. The Company has delivered to each of the Agent Lenders copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year Fiscal Year ended July 31January 26, 1998 1997 (the "Annual Statements"). In addition, the Company has delivered to each of the Agent Lenders copies of its unaudited consolidated interim financial statements as of for the end of the fiscal quarters Fiscal Quarter ended October 31, 1998, January 31, 1999 and April 30, 1999 July 27,1997 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Company's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently appliedapplied (except as disclosed in such financial statements), subject (in the case of the Interim Statements) to normal year-end audit adjustments, none of which could reasonably be expected to have a Material Adverse Effect.

Historical Statements. The Company has delivered to the Agent copies of its audited consolidated year-end financial statements for and as of the end of the two fiscal year years ended July October 31, 1998 1991 and October 31, 1992, respectively (the "Annual Statements"). In addition, the Company has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarters quarter ended October July 31, 1998, January 31, 1999 and April 30, 1999 1993 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Company's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company and its Consolidated Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments. Since October 31, none of which could reasonably be expected to have a 1992 no Material Adverse Effect.Change has occurred. (j)

Historical Statements. The Company has delivered to each of the Agent Lenders copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year Fiscal Year ended July 31January 26, 1998 1997 (the "" Annual Statements"). In addition, the Company has delivered to each of the Agent Lenders copies of its unaudited consolidated interim financial statements as of for the end of the fiscal quarters Fiscal Quarter ended October 31July 27, 1998, January 31, 1999 and April 30, 1999 1997 (the "" Interim Statements") (the Annual Statements and the Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Company's ' management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently appliedapplied (except as disclosed in such financial statements), subject (in the case of the Interim Statements) to normal year-year end audit adjustments, none of which could reasonably be expected to have a Material Adverse Effect.

Historical Statements. The Company Borrower has delivered to the Agent copies of its audited consolidated year-end financial statements for and as of the end of the three (3) fiscal year years ended July December 31, 1998 2004 (the "“Annual Statements"”). In addition, the Company Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarters quarter ended October March 31, 1998, January 31, 1999 and April 30, 1999 2005 (the "“Interim Statements"”) (the Annual and Interim Statements being collectively referred to as the "“Historical Statements"”). The Historical Statements were compiled from the books and records maintained by the Company's Borrower’s management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments, none of which could reasonably be expected to have a Material Adverse Effect.

Historical Statements. The Company Borrower has delivered to the Agent copies of its audited consolidated year-end financial statements on a pro forma basis for and as of the end of the fiscal year ended July December 31, 1998 1995 (the "Annual Statements"). In addition, the Company Borrower has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarters quarter ended October 31, 1998, January 31, 1999 and April June 30, 1999 1996 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the CompanyBorrower's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company Borrower and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-end audit adjustments, none of which could reasonably be expected to have a Material Adverse Effect.

Historical Statements. The Company has delivered to the Agent copies of its audited consolidated year-year- end financial statements for and as of the end of the two fiscal year years ended July October 31, 1998 1991 and October 31, 1992, respectively (the "Annual Statements"). In addition, the Company has delivered to the Agent copies of its unaudited consolidated interim financial statements for the fiscal year to date and as of the end of the fiscal quarters quarter ended October July 31, 1998, January 31, 1999 and April 30, 1999 1993 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Company's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company and its Consolidated Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently applied, subject (in the case of the Interim Statements) to normal year-year- end audit adjustments. Since October 31, none of which could reasonably be expected to have a 1992 no Material Adverse EffectChange has occurred.

Historical Statements. The Company has delivered to each of the Agent Lenders copies of its audited consolidated year-end financial statements for and as of the end of the fiscal year Fiscal Year ended July 31January 24, 1998 1999 (the "Annual Statements"). In addition, the Company has delivered to each of the Agent Lenders copies of its unaudited consolidated interim financial statements as of for the end of the fiscal quarters Fiscal Quarter ended October 31, 1998, January 31, 1999 and April 3025, 1999 (the "Interim Statements") (the Annual and Interim Statements being collectively referred to as the "Historical Statements"). The Historical Statements were compiled from the books and records maintained by the Company's management, are correct and complete in all material respects and fairly represent the consolidated financial condition of the Company and its Subsidiaries as of their dates and the results of operations for the fiscal periods then ended and have been prepared in accordance with GAAP consistently appliedapplied (except as disclosed in such financial statements), subject (in the case of the Interim Statements) to normal year-end audit adjustments, none of which could reasonably be expected to have a Material Adverse Effect.