Common use of Financial Statements; Fiscal Year Clause in Contracts

Financial Statements; Fiscal Year. The Consolidated balance sheets of Borrower and its Subsidiaries (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 31, 2005], and the related statements of income, changes in shareholder’s equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Borrower and such Persons, at such dates and the results of Borrower’s and such Persons’ operations, for such periods. As of the date hereof, since [December 31, 2005], there has been no material adverse change in the financial position of Borrower and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of Borrower and each of its Subsidiaries ends on December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated balance sheets of Borrower and its Subsidiaries (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 31September 30, 2005]2002 and September 30, 2003, and the related statements of income, changes in shareholder’s 's equity, and changes in financial position for the periods fiscal years ended on such dates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Borrower and such Persons, taken as a whole, at such dates and the results of Borrower’s 's and such Persons’ ' operations, taken as a whole, for such periods. As of the date hereof, since [December 31September 30, 2005]2003, except as set forth in the Plan of Reorganization, there has been no material adverse change in the financial position of Borrower and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of Borrower and each of its Subsidiaries ends on December 31 September 30th of each year.

Financial Statements; Fiscal Year. The Consolidated balance sheets of Borrower Borrowers and its their Subsidiaries (including the accounts of all Subsidiaries of Borrower Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of [December 31June 28, 2005]2003, and the related statements of income, changes in shareholder’s 's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAPGAAP (subject to year-end adjustments and the absence of footnotes), and present fairly in all material respects the financial positions of Borrower Borrowers and such Persons, taken as a whole, at such dates and the results of Borrower’s Borrowers' and such Persons’ ' operations, taken as a whole, for such periods. As of the date hereofof this Agreement, since [December 31June 28, 2005]2003, there has been no material adverse change in the financial position of Borrower Borrowers and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereofof this Agreement, the fiscal year of Borrower Borrowers and each of its Subsidiaries ends on December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated and unaudited consolidating balance sheets of each Borrower and its Subsidiaries (including the accounts of all Subsidiaries of such Borrower and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of [December 31February 28, 2005]2003, and the related statements of income, changes in shareholder’s 's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of such Borrower and such PersonsSubsidiaries, taken as a whole, at such dates and the results of such Borrower’s 's and such Persons’ ' operations, taken as a whole, for such periods. As of the date hereof, since [December 31, 2005]2002, there has been no material adverse change in the financial position of each Borrower and such other PersonsSubsidiaries, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of each Borrower and each of its Subsidiaries (other than PBI) ends on December 31 June 30 of each year.

Financial Statements; Fiscal Year. The Consolidated balance --------------------------------- sheets of Borrower and its Subsidiaries (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 October 31, 2005]2000, and the related statements of income, changes in shareholder’s equity, and changes in financial position income for the periods ended on such dates, except for the absence of footnote disclosures and normal year-end adjustments, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Borrower and such Persons, taken as a whole, at such dates and the results of Borrower’s 's and such Persons’ ' operations, taken as a whole, for such periods. As Except as disclosed on Exhibit 7.1.10 hereto, as of the date -------------- hereof, since [December October 31, 2005]2000, there has been no material adverse change in the financial position of Borrower and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of Borrower and each of its Subsidiaries ends on the Saturday closest to December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated and unaudited consolidating balance sheets of each Borrower and its Subsidiaries (including the accounts of all Subsidiaries of such Borrower and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of [December October 31, 2005]2004, and the related statements of income, changes in shareholder’s 's equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of such Borrower and such PersonsSubsidiaries, taken as a whole, at such dates and the results of such Borrower’s 's and such Persons’ ' operations, taken as a whole, for such periods. As of the date hereof, since [December 31June 30, 2005]2004, there has been no material adverse change in the financial position of each Borrower and such other PersonsSubsidiaries, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of each Borrower and each of its Subsidiaries ends on December 31 June 30 of each year.

Financial Statements; Fiscal Year. The Consolidated balance sheets of Domestic Borrower and its Subsidiaries (including the accounts of all Subsidiaries of Domestic Borrower and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of [December 31June 30, 2005]2002, and the related statements of income, changes in shareholder’s equity, and changes in financial position income for the periods ended on such datesdate, except for the absence of footnote disclosures and normal year-end adjustments, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Domestic Borrower and such Persons, taken as a whole, at such dates and the results of Domestic Borrower’s 's and such Persons’ ' operations, taken as a whole, for such periods. As of the date hereof, since [December 31June 30, 2005]2002, there has been no material adverse change in the financial position of Domestic Borrower and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of each Borrower and each of its Subsidiaries ends on December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated balance sheets of Domestic Borrower and its Subsidiaries (including the accounts of all Subsidiaries of Domestic Borrower and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of [December 31April 30, 2005]2007, and the related statements of income, changes in shareholder’s equity, and changes in financial position income for the periods ended on such datesdate, except for the absence of footnote disclosures and normal year-end adjustments, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Domestic Borrower and such Persons, taken as a whole, at such dates and the results of Domestic Borrower’s and such Persons’ operations, taken as a whole, for such periods. As of the date hereof, since [December 31, 2005]2006, there has been no material adverse change in the financial position of Domestic Borrower and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of each Borrower and each of its Subsidiaries ends on December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower and its Subsidiaries (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 March 31, 2005]2004, and the related statements of income, cash flow, changes in shareholder’s equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Borrower and such Persons, taken as a whole, at such dates and the results of Borrower’s and such Persons’ operations, taken as a whole, for such periods. As of the date hereof, since [December Since March 31, 2005]2004, there has been no material adverse change in the business, assets, liabilities (actual or contingent), operations or financial position condition of Borrower and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of Borrower each Credit Party and each of its Subsidiaries ends on December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower Borrowers and its their Subsidiaries (including the accounts of all Subsidiaries of Borrower Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of [December 31, 2005]2006, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP, and present fairly in all material respects the financial positions of Borrower Borrowers and such Persons, taken as a whole, at such dates and the results of Borrower’s Borrowers’ and such Persons’ operations, taken as a whole, for such periods. As of the date hereof, since [December 31, 2005]2006, there has been no material adverse change in the financial position of Borrower Borrowers and such other Personstheir Subsidiaries, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of Borrower Borrowers and each of its Subsidiaries ends on December 31 of each year.

Financial Statements; Fiscal Year. The Consolidated and consolidating balance sheets of Borrower Borrowers and its their Subsidiaries (including the accounts of all Subsidiaries of Borrower Borrowers and their respective Subsidiaries for the respective periods during which a Subsidiary relationship existed) as of [December 31September 30, 2005]2010, and the related statements of income, changes in shareholder’s equity, and changes in financial position for the periods ended on such dates, have been prepared in accordance with GAAP, GAAP and present fairly in all material respects the financial positions of Borrower Borrowers and such Persons, taken as a whole, at such dates and the results of Borrower’s Borrowers’ and such Persons’ operations, taken as a whole, for such periods. As Except as otherwise disclosed in writing to Agent, as of the date hereof, since [December 31September 30, 2005]2010, there has been no material adverse change in the financial position of Borrower Borrowers and such other Persons, taken as a whole, as reflected in the Consolidated balance sheet as of such date. As of the date hereof, the fiscal year of Borrower Borrowers and each of its their Subsidiaries ends on December 31 of each year.