PREPARED IN GOOD FAITH BASED UPON ASSUMPTIONS BELIEVED TO
BE REASONABLE AT THE TIME.
43
SECTION 6.2
SURVIVAL OF REPRESENTATIONS AND WARRANTIES,
ETC.
ALL REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE VI AND ALL
REPRESENTATIONS AND WARRANTIES CONTAINED IN ANY CERTIFICATE, OR ANY OF THE LOAN
DOCUMENTS (INCLUDING, BUT NOT LIMITED TO, ANY SUCH REPRESENTATION OR WARRANTY
MADE IN OR IN CONNECTION WITH ANY AMENDMENT THERETO) SHALL CONSTITUTE
REPRESENTATIONS AND WARRANTIES MADE UNDER THIS AGREEMENT.
ALL REPRESENTATIONS
AND WARRANTIES MADE UNDER THIS AGREEMENT SHALL BE MADE OR DEEMED TO BE MADE AT
AND AS OF THE CLOSING DATE AND SHALL SURVIVE THE CLOSING DATE (EXCEPT THOSE THAT
ARE EXPRESSLY MADE AS OF A SPECIFIC DATE) AND SHALL NOT BE WAIVED BY THE
EXECUTION AND DELIVERY OF THIS AGREEMENT, ANY INVESTIGATION MADE BY OR ON BEHALF
OF THE LENDERS OR ANY BORROWING HEREUNDER.
ARTICLE VII
FINANCIAL INFORMATION AND NOTICES
Until all the Obligations have been paid and satisfied in full and the Aggregate
Commitment terminated, unless consent has been obtained in the manner set forth
in Section 13.2, the Company will furnish or cause to be furnished to the
Administrative Agent at the Administrative Agent's Office at the address set
forth in Section 13.1 and to the Lenders at their respective addresses as set
forth on the Register, or such other office as may be designated by the
Administrative Agent and Lenders from time to time:
SECTION 7.1 FINANCIAL STATEMENTS.
(A)
QUARTERLY FINANCIAL STATEMENTS.
AS SOON AS
PRACTICABLE AND IN ANY EVENT WITHIN SIXTY (60) DAYS (OR, IF EARLIER, ON THE DATE
OF ANY REQUIRED PUBLIC FILING THEREOF) AFTER THE END OF THE FIRST THREE
(3) FISCAL QUARTERS OF EACH FISCAL YEAR, AN UNAUDITED CONSOLIDATED BALANCE SHEET
OF THE COMPANY AND ITS SUBSIDIARIES AS OF THE CLOSE OF SUCH FISCAL QUARTER AND
UNAUDITED CONSOLIDATED STATEMENTS OF INCOME, CHANGES IN SHAREHOLDERS' EQUITY AND
CASH FLOWS OF THE COMPANY AND ITS SUBSIDIARIES AND A REPORT CONTAINING
MANAGEMENT'S DISCUSSION AND ANALYSIS OF SUCH FINANCIAL STATEMENTS FOR THE FISCAL
QUARTER THEN ENDED AND THAT PORTION OF THE FISCAL YEAR THEN ENDED, INCLUDING THE
NOTES THERETO, ALL IN REASONABLE DETAIL SETTING FORTH IN COMPARATIVE FORM THE
CORRESPONDING FIGURES AS OF THE END OF AND FOR THE CORRESPONDING PERIOD IN THE
PRECEDING FISCAL YEAR AND PREPARED BY THE COMPANY IN ACCORDANCE WITH GAAP AND,
IF APPLICABLE, CONTAINING DISCLOSURE OF THE EFFECT ON THE FINANCIAL POSITION OR
RESULTS OF OPERATIONS OF ANY CHANGE IN THE APPLICATION OF ACCOUNTING PRINCIPLES
AND PRACTICES DURING THE PERIOD, AND CERTIFIED BY THE CHIEF FINANCIAL OFFICER OF
THE COMPANY TO PRESENT FAIRLY IN ALL MATERIAL RESPECTS THE FINANCIAL CONDITION
OF THE COMPANY AND ITS SUBSIDIARIES ON A CONSOLIDATED BASIS AS OF THEIR
RESPECTIVE DATES AND THE RESULTS OF OPERATIONS OF THE COMPANY AND ITS
SUBSIDIARIES FOR THE RESPECTIVE PERIODS THEN ENDED, SUBJECT TO NORMAL YEAR END
ADJUSTMENTS.
DELIVERY BY THE COMPANY TO THE ADMINISTRATIVE AGENT AND THE
LENDERS OF THE COMPANY'S QUARTERLY REPORT TO THE SEC ON FORM 10-Q WITH RESPECT