Common use of Annual Audited Financial Statements Clause in Contracts

Annual Audited Financial Statements. As soon as available, but no later than ninety (90) days after the last day of Borrower Representative’s fiscal year, audited consolidated financial statements prepared in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Administrative Agent, together with any management letter with respect thereto, provided that the inclusion of explanatory language casting doubt on Borrower Representative’s ability to continue as a going concern due to the need to raise additional financing or refinance Indebtedness shall not cause such financial statements to be considered “qualified” for purposes of this subsection (e).

Appears in 2 contracts

Samples: Loan and Security Agreement (Surface Oncology, Inc.), Loan and Security Agreement (Surface Oncology, Inc.)

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Annual Audited Financial Statements. As soon as available, but no later than ninety (90) days after the last day of Borrower Representative’s fiscal year, audited consolidated financial statements prepared in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Administrative Agent, together with any management letter with respect thereto, provided that the inclusion of explanatory language casting doubt on Borrower Representative’s ability to continue as a going concern due to the need to raise additional financing or refinance Indebtedness shall not cause such financial statements to be considered “qualified” for purposes of this subsection (e).

Appears in 2 contracts

Samples: Loan and Security Agreement (Evelo Biosciences, Inc.), Loan and Security Agreement (Evelo Biosciences, Inc.)

Annual Audited Financial Statements. As soon as available, but no later than ninety (90) days after the last day of Borrower Representative’s fiscal year, audited consolidated financial statements prepared in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an Xxxx Xxxxxx or other independent certified public accounting firm reasonably acceptable to Administrative Agent, together with any management letter with respect thereto, provided that the inclusion of explanatory language casting doubt on Borrower Representative’s ability to continue as a going concern due to the need to raise additional financing or refinance Indebtedness shall not cause such financial statements to be considered “qualified” for purposes of this subsection (e).

Appears in 1 contract

Samples: Loan and Security Agreement (Elevation Oncology, Inc.)

Annual Audited Financial Statements. As soon as available, but no later than ninety one hundred eighty (90180) days after the last day of Borrower Representative’s fiscal year, audited consolidated financial statements prepared in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Administrative Agent, together with any management letter with respect thereto, provided that the inclusion of explanatory language or emphasis an emphasis-of-matter paragraph casting doubt on Borrower Representative’s Borrowers’ ability to continue as a going concern due to the need to raise additional financing or refinance Indebtedness shall not cause constitute such financial statements to be considered “qualified” for purposes of this subsection clause (ed).

Appears in 1 contract

Samples: Loan and Security Agreement (Brilliant Earth Group, Inc.)

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Annual Audited Financial Statements. As soon as available, but no later than ninety (90) 120 days after the last day of Borrower Representative’s fiscal year, audited consolidated financial statements prepared in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an BDO USA, LLP or another independent certified public accounting firm reasonably acceptable to Administrative AgentBank, together with any management letter with respect thereto, provided that the inclusion of explanatory language casting doubt on Borrower RepresentativeBorrower’s ability to continue as a going concern due to the need to raise additional financing or refinance Indebtedness shall not cause constitute such financial statements to be considered “qualified” for purposes of this subsection clause (ed).

Appears in 1 contract

Samples: Loan and Security Agreement (Minerva Surgical Inc)

Annual Audited Financial Statements. As soon as available, but no later than ninety (90) days after the last day of Borrower Representative’s fiscal year, audited consolidated financial statements prepared in accordance with GAAP, consistently applied, together with an unqualified opinion on the financial statements from an independent certified public accounting firm reasonably acceptable to Administrative Agent, together with any management letter with respect thereto, ; provided that the inclusion of explanatory language casting doubt on Borrower Representative’s ability to continue as a going concern due to the need to raise additional financing or refinance Indebtedness shall not cause such financial statements to be considered “qualified” for purposes of this subsection (e).

Appears in 1 contract

Samples: Loan and Security Agreement (Mind Medicine (MindMed) Inc.)

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