It has not omitted to supply any information which, if disclosed, would make the information referred to in paragraph untrue or misleading in any respect. As at the [first] Utilisation Date, nothing has occurred since the date of the information referred to in paragraph which, if disclosed, would make that information untrue or misleading in any material respect. Financial statements Its Original Financial Statements were prepared in accordance with GAAP consistently applied [unless expressly disclosed to the Agent in writing to the contrary before the date of this Agreement]. Its Original Financial Statements fairly present its financial condition as at the end of the relevant financial year and results of operations during the relevant financial year (consolidated in the case of the Company) [unless expressly disclosed to the Agent in writing to the contrary prior to the date of this Agreement]. There has been no material adverse change in its assets, business or financial condition (or the assets, business or consolidated financial condition of the Group, in the case of the Company) since [ ]. Its most recent financial statements delivered pursuant to Clause (): have been prepared in accordance with GAAP as applied to the Original Financial Statements; and fairly present its financial condition as at the end of the relevant financial year and operations during the relevant financial year (consolidated in the case of the Company). Since the date of the most recent financial statements delivered pursuant to Clause () there has been no material adverse change in its business, assets or financial condition (or the business, assets or consolidated financial condition of the Group, in the case of the Company). Pari passu ranking Its payment obligations under the Finance Documents rank at least pari passu with the claims of all its other unsecured and unsubordinated creditors, except for obligations mandatorily preferred by law applying to companies generally. No proceedings No litigation, arbitration or administrative proceedings or investigations of, or before, any court, arbitral body or agency which, if adversely determined, are reasonably likely to have a Material Adverse Effect have (to the best of its knowledge and belief (having made due and careful enquiry)) been started or threatened against it. No judgment or order of a court, arbitral tribunal or other tribunal or any order or sanction of any governmental or other regulatory body which is reasonably
It has not omitted to supply any information which, if disclosed, would make the information referred to in paragraph untrue or misleading in any respect. As at the [first] Utilisation Date, nothing has occurred since the date of the information referred to in paragraph which, if disclosed, would make that information untrue or misleading in any material respect. Financial statements Its Original Financial Statements were prepared in accordance with GAAP consistently applied [unless expressly disclosed to the Agent in writing to the contrary before the date of this Agreement]. Its Original Financial Statements fairly present its financial condition as at the end of the relevant financial year and results of operations during the relevant financial year (consolidated in the case of the Company) [unless expressly disclosed to the Agent in writing to the contrary prior to the date of this Agreement]. There has been no material adverse change in its assets, business or financial condition (or the assets, business or consolidated financial condition of the Group, in the case of the Company) since [ ]. Its most recent financial statements delivered pursuant to Clause (): have been prepared in accordance with GAAP as applied to the Original Financial Statements; and fairly present its financial condition as at the end of the relevant financial year and operations during the relevant financial year (consolidated in the case of the Company). Since the date of the most recent financial statements delivered pursuant to Clause () there has been no material adverse change in its business, assets or financial condition (or the business, assets or consolidated financial condition of the Group, in the case of the Company). Pari passu ranking Its payment obligations under the Finance Documents rank at least pari passu with the claims of all its other unsecured and unsubordinated creditors, except for obligations mandatorily preferred by law applying to companies generally. No proceedings No litigation, arbitration or administrative proceedings or investigations of, or before, any court, arbitral body or agency which, if adversely determined, are reasonably likely to have a Material Adverse Effect have (to the best of its knowledge and belief (having made due and careful enquiry)) been started or threatened against it. No judgment or order of a court, arbitral tribunal or other tribunal or any order or sanction of any governmental or other regulatory body which is reasonably