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These excerpts taken from the LXP 8-K filed Mar 27, 2007. GAAP”), the financial
position of the Company and its consolidated subsidiaries, and the results of operations and changes in financial condition as of the dates and for the periods therein specified. Such consolidated financial statements and schedules have been prepared in accordance with GAAP consistently applied throughout the periods involved (except as otherwise noted therein).
(v) None of the Trust, the Company nor any of the Company’s subsidiaries has any material liability, whether known or unknown, whether asserted or unasserted, whether absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, and whether due or to become due, including any liability for taxes (and there is no past or present fact, situation, circumstance, condition or other basis for any present or future action, suit, proceeding, hearing, charge, complaint, claim or demand against the Trust, the Company or the Company’s subsidiaries that could give rise to any such liability), except for (i) with respect to the consolidated subsidiaries, liabilities set forth in the Financial Statements, (ii) with respect to any subsidiaries other than the consolidated subsidiaries, liabilities incurred in the ordinary course of business and (iii) normal fluctuations in the amount of the liabilities
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referred to in clause (i) above occurring in the ordinary course of business of the Trust, the Company and all of its subsidiaries since the date of the most recent balance sheet included in such Financial Statements. (w) Since the date of the Financial Statements, there has not been (A) any Material Adverse Change or (B) any dividend or distribution of any kind declared, paid or made by the Company on any class of its Equity Interests other than regular distributions on the Company’s Equity Interests and a special distribution to holders of the Company’s Equity Interests made on or about January 16, 2007. (x) The documents of the Company filed with the Commission in accordance with the Exchange Act, from and including the commencement of the fiscal year covered by the Company’s most recent Annual Report on Form 10-K, at the time they were or hereafter are filed by the Company with the Commission (collectively, the “ GAAP”), the financial
position of the Company and its consolidated subsidiaries, and the results of operations and changes in financial condition as of the dates and for the periods therein specified. Such consolidated financial statements and schedules have been prepared in accordance with GAAP consistently applied throughout the periods involved (except as otherwise noted therein).
(v) None of the Trust, the Company nor any of the Company’s subsidiaries has any material liability, whether known or unknown, whether asserted or unasserted, whether absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, and whether due or to become due, including any liability for taxes (and there is no past or present fact, situation, circumstance, condition or other basis for any present or future action, suit, proceeding, hearing, charge, complaint, claim or demand against the Trust, the Company or the Company’s subsidiaries that could give rise to any such liability), except for (i) with respect to the consolidated subsidiaries, liabilities set forth in the Financial Statements, (ii) with respect to any subsidiaries other than the consolidated subsidiaries, liabilities incurred in the ordinary course of business and (iii) normal fluctuations in the amount of the liabilities referred to in clause (i) above occurring in the ordinary course of business of the Trust, the Company and all of its subsidiaries since the date of the most recent balance sheet included in such Financial Statements.
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(w) Since the date of the Financial Statements, there has not been (A) any Material Adverse Change or (B) any dividend or distribution of any kind declared, paid or made by the Company on any class of its Equity Interests other than regular distributions on the Company’s Equity Interests and a special distribution to holders of the Company’s Equity Interests made on or about January 16, 2007. (x) The documents of the Company filed with the Commission in accordance with the Exchange Act, from and including the commencement of the fiscal year covered by the Company’s most recent Annual Report on Form 10-K, at the time they were or hereafter are filed by the Company with the Commission (collectively, the “ GAAP”), the financial
position of the Company and its consolidated subsidiaries, and the results of operations and changes in financial condition as of the dates and for the periods therein specified. Such consolidated financial statements and schedules have been prepared in accordance with GAAP consistently applied throughout the periods involved (except as otherwise noted therein).
(v) None of the Trust, the Company nor any of the Company’s subsidiaries has any material liability, whether known or unknown, whether asserted or unasserted, whether absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, and whether due or to become due, including any liability for taxes (and there is no past or present fact, situation, circumstance, condition or other basis for any present or future action, suit, proceeding, hearing, charge, complaint, claim or demand against the Trust, the Company or the Company’s subsidiaries that could give rise to any such liability), except for (i) with respect to the consolidated subsidiaries, liabilities set forth in the Financial Statements, (ii) with respect to any subsidiaries other than the consolidated subsidiaries, liabilities incurred in the ordinary course of business and (iii) normal fluctuations in the amount of the liabilities referred to in clause (i) above occurring in the ordinary course of business of the Trust, the Company and all of its subsidiaries since the date of the most recent balance sheet included in such Financial Statements.
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(w) Since the date of the Financial Statements, there has not been (A) any Material Adverse Change or (B) any dividend or distribution of any kind declared, paid or made by the Company on any class of its Equity Interests other than regular distributions on the Company’s Equity Interests and a special distribution to holders of the Company’s Equity Interests made on or about January 16, 2007. (x) The documents of the Company filed with the Commission in accordance with the Exchange Act, from and including the commencement of the fiscal year covered by the Company’s most recent Annual Report on Form 10-K, at the time they were or hereafter are filed by the Company with the Commission (collectively, the “ “GAAP” means United States generally accepted accounting principles, consistently applied, from time to time in effect.
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