Common use of Pro Forma Balance Sheet; Financial Statements Clause in Contracts

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower for the 1996 and 1997 fiscal years and (iii) satisfactory unaudited interim consolidated financial statements of the Borrower for each fiscal quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower and its consolidated Subsidiaries, as reflected in the financial statements or projections delivered by the Borrower to the Syndication Agent prior to the date hereof.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance SheetSheets, (ii) audited consolidated financial statements of Holdings and the Borrower for the 1996 2004 and 1997 2003 fiscal years and (iii) satisfactory unaudited interim consolidated monthly financial statements of Holdings for the Borrower for each fiscal quarterly two-month period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are availableand ending February 28, 2005, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of Holdings and the Borrower and its consolidated Subsidiaries, as reflected in the such financial statements or projections delivered by the Borrower provided to the Syndication Agent prior to the date hereofLenders.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall --------------------------------------------- have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower for the 1996 and 1997 1998 fiscal years year and (iii) satisfactory unaudited interim consolidated financial statements of the Borrower for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower and its consolidated SubsidiariesBorrower, as reflected in the financial statements or projections delivered by contained in the Borrower to the Syndication Agent prior to the date hereofConfidential Information Memorandum.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance SheetSheets, (ii) audited consolidated financial statements of Holdings and the Borrower for the 1996 2002 and 1997 2001 fiscal years and (iii) satisfactory unaudited interim consolidated financial statements of Holdings and the Borrower for each fiscal quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are were available, and such financial statements shall did not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of Holdings and the Borrower and its consolidated Subsidiaries, as reflected in the such financial statements or projections delivered by the Borrower provided to the Syndication Agent prior to the date hereofLenders.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of Holdings and the Borrower Joint Ventures for the 1996 2000, 2001 and 1997 2002 fiscal years and (iii) satisfactory unaudited interim consolidated financial statements of Holdings and the Borrower Joint Ventures for each fiscal quarterly period quarter ended subsequent to after the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower and its consolidated SubsidiariesLoan Parties, as reflected in the financial statements or projections delivered by contained in the Borrower to the Syndication Agent prior to the date hereofConfidential Information Memorandum.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower for the 1996 1996, 1997 and 1997 fiscal years 1998 Fiscal Years and (iii) satisfactory unaudited interim consolidated financial statements of the Borrower for each fiscal month and quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower and its consolidated SubsidiariesBorrower, as reflected in the financial statements or projections previously delivered by the Borrower to the Syndication Agent prior to the date hereofLenders.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower for the 1996 2008, 2009 and 1997 fiscal years 2010 Fiscal Years and (iii) satisfactory unaudited interim consolidated financial statements of the Borrower for each fiscal quarterly period Fiscal Quarter ended subsequent to after the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph Section 5.1(c) as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower and its consolidated SubsidiariesBorrower, as reflected in the financial statements or projections delivered by contained in the Borrower to the Syndication Agent prior to the date hereofConfidential Information Memorandum.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower for the 1996 and 1997 fiscal years and (iii) satisfactory unaudited interim consolidated financial statements of the Borrower for each fiscal quarterly period ended subsequent to the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are availableavailable to the Borrower, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower and its consolidated Subsidiaries, as reflected in the financial statements or projections delivered by contained in the Borrower to the Syndication Agent prior to the date hereofConfidential Information Memorandum.

Pro Forma Balance Sheet; Financial Statements. The Lenders shall have received (i) the Pro Forma Balance Sheet, (ii) audited consolidated financial statements of the Borrower and its consolidated Subsidiaries for the 1996 2002, 2003 and 1997 2004 fiscal years and (iii) satisfactory unaudited interim consolidated financial statements of the Borrower for each fiscal quarterly period quarter ended subsequent to after the date of the latest applicable financial statements delivered pursuant to clause (ii) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Lenders, reflect any material adverse change in the consolidated financial condition of the Borrower and its consolidated Consolidated Subsidiaries, as reflected in the financial statements or projections delivered by contained in the Borrower to the Syndication Agent prior to the date hereofConfidential Information Memorandum.