Annual Audited Financial Statements. As soon as available, but in any event within ninety (90) days after the end of Borrower's fiscal year, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with GAAP, consistently applied, together with an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such audit;
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Samples: Loan and Security Agreement (IsoPlexis Corp), Loan and Security Agreement (PhenomeX Inc.)
Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end close of Borrower's each fiscal year, the annual audited consolidated financial statements of the Loan Parties and their Subsidiaries Financial Statements prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of KPMG LLP or on such other consolidated statements rendered by an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditAgent;
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Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc)
Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) days after the end of each fiscal year of Borrower's fiscal year, the annual audited consolidated financial statements Financial Statements of the Loan Parties and their Subsidiaries Borrower, prepared in accordance with GAAP, consistently applied, together with GAAP accompanied by an unqualified opinion (including no going-concern qualification) of on such consolidated statements rendered by KPMG LLP or such other another independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such audit;Agent; (ii)
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Annual Audited Financial Statements. As soon as available, but in any event within no later than ninety (90) days after the end last day of Borrower's ’s fiscal year, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with under GAAP, consistently applied, together with an unqualified opinion (including no going-concern qualification) of KPMG LLP or such other on the financial statements from an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank, it being agreed that each of Gxxxx Xxxxxxxx LLP, Deloitte Touche Tohmatsu Limited, PricewaterhouseCoopers LLP, Ernst & Young LLP or KPMG LLP is acceptable to Bank and without any qualification or exception as to the scope of such audit;(“Annual Audited Financial Statements”).
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Annual Audited Financial Statements. As soon as available, but and in any event within the earlier of (i) ninety (90) days after following the end of Borrower's each fiscal yearyear of Borrower and (ii) five (5) Business Days of filing/reporting the same with the SEC, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with under GAAP, consistently applied, together with an unqualified opinion (including no going-provided that such unqualified opinion may contain a going concern qualificationqualification typical for venture backed companies similar to Borrower) of KPMG LLP or such other on the financial statements from an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditBank;
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Samples: Loan and Security Agreement (Castle Biosciences Inc)
Annual Audited Financial Statements. As soon as available, but in any event within ninety (90) days after the end of Borrower's ’s fiscal year, audited consolidated and consolidating (if prepared) financial statements of the Loan Parties and their Subsidiaries Borrower prepared in accordance with GAAP, consistently applied, together with an opinion which is unqualified opinion (including no going-concern comment or qualification) or otherwise consented to in writing by Bank on such financial statements of KPMG LLP or such other an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to the scope of such auditBank;
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Samples: Loan and Security Agreement (Berkeley Lights, Inc.)
Annual Audited Financial Statements. As soon as available, but and in any event within ninety (90) 180 days after following the end of Borrower's ’s fiscal year, audited consolidated financial statements of the Loan Parties and their Subsidiaries prepared in accordance with under GAAP, consistently applied, together with an unqualified (excepting any qualification as to negative profits or going concern due to a current maturity of the Loans) opinion (including no going-concern qualification) of KPMG LLP or such other on the financial statements from an independent certified public accounting firm or other accounting firm as may be reasonably acceptable to Bank and without any qualification or exception as to Agent, provided, that if the scope of Permitted SPAC Transaction is not completed, such auditannual audited statement shall be delivered commencing with the fiscal year ending December 31, 2022;
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Samples: Loan and Security Agreement (Atlas Crest Investment Corp.)