its property may be bound or affected, or under the memorandum or
articles of association of the borrower, and will not violate any provision of
applicable law.
section 5. 6. financial statements
the balance sheet of the borrower as at ____, and the related earnings statement
of the borrower for the fiscal year then ended, copies of which have been
furnished to the bank, are complete and correct and fairly present the financial
condition of the borrower as at such date and the results of its operations for
the period ended on such date and have been prepared in accordance with
generally accepted accounting principles in [name of country] applied on a
consistent basis. there are no material liabilities, direct or indirect, fixed
or contingent, of the borrower as of the date of such balance sheets which are
not reflected therein or in the notes thereto. there has been not material
adverse change in the business, properties, condition (financial or other) or
operation of the borrower since the date of said balance sheet.
section 5. 7. material adverse events. except as heretofore disclosed by the
borrower to the bank in writing, since ____, neither the condition (financial or
otherwise) , the business nor the properties of the borrower have been
materially and adversely affected in any way.
section 5. 8. litigation, etc.
except as heretofore disclosed by the borrower to the bank in writing, there are
no actions, suits or proceedings (whether or not purportedly on behalf of the
borrower) pending, or to the knowledge of the borrower threatened, against or
affecting the borrower, at law or in equity, before or by and person, which , if
adversely determined, would have a material adverse effect on the business,
properties or condition (financial or otherwise) of the borrower. the borrower
is not in violation or default with respect to any applicable laws and/or
regulations which materially affect the operations and/or condition (financial
or otherwise) of the borrower nor is it in violation or default with respect to
any order, writ, injunction, demand or decree of any court or any person or in
violation or default in any material respect under any indenture, agreement or
other instrument under which the borrower is a party or may be bound, default
under which might have consequences which would materially and advers
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