Common use of Annual Audited Financial Statements Clause in Contracts

Annual Audited Financial Statements. Commencing with Borrower’s 2019 fiscal year, to the extent annual audited financial statements are required by Borrower’s Board of Directors, as soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited and certified consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification as to going concern typical for venture backed companies similar to Borrower) on the financial statements from an independent certified public accounting firm reasonably acceptable to Bank;

Appears in 2 contracts

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

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Annual Audited Financial Statements. Commencing with Borrower’s 2019 fiscal year, to the extent annual audited financial statements are required by If Borrower’s Board of DirectorsDirectors requires audited financial statements for such year, as soon as available, but no later than one two hundred eighty seventy (180270) days after the last day of Borrower’s fiscal year, audited and certified consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification as to going concern typical for venture backed companies similar to Borrower) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Appears in 2 contracts

Samples: Loan and Security Agreement (Marketo, Inc.), Loan and Security Agreement (Marketo, Inc.)

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Annual Audited Financial Statements. Commencing with Borrower’s 2019 fiscal year, to the extent annual When audited financial statements are required by Borrower’s Board of Directors, as soon as available, but no later than one hundred eighty (180) days after the last day of Borrower’s fiscal year, audited and certified consolidated financial statements prepared under GAAP, consistently applied, together with an unqualified opinion (other than a qualification as to going concern typical for venture backed companies similar to Borrower) on the financial statements from an independent certified public accounting firm reasonably acceptable to BankBank in its reasonable discretion;

Appears in 2 contracts

Samples: Loan and Security Agreement (Carbylan Therapeutics, Inc.), Loan and Security Agreement (Carbylan Therapeutics, Inc.)

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