Common use of Closing Financial Statements; Absence of Changes Clause in Contracts

Closing Financial Statements; Absence of Changes. (a) The Company shall have provided to Purchasers (i) the unaudited balance sheet of the Company as of September 30, 1996, and the related unaudited statement of operations for the three-month (and nine-month) periods then ended, as well as the related unaudited statements of stockholders' equity (deficit) and cash flows for the nine-month period then ended, accompanied by the unqualified certification thereon of the Chief Financial Officer or Vice President--Finance of the Company (together with any notes thereto, the "September 30 Financial Statements") and (ii) a "bring-down" certificate of the Chief Executive Officer of the Company and the Chief Financial Officer or Vice President--Finance of the Company with respect to the financial position of the Company as of the Closing Date and as to results for the period from the date of the September 30 Financial Statements to the Closing Date, in form and substance satisfactory to Purchaser and its counsel.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Genta Incorporated /De/)

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Closing Financial Statements; Absence of Changes. (a) The Within 10 days of the Closing, the Company shall have provided to Purchasers the Purchaser (i) the unaudited balance sheet of the Company as of September November 30, 19961999, and the related unaudited statement of operations for the threetwo-month (and nine-month) periods period then ended, as well as the related unaudited statements of stockholdersshareholders' equity (deficit) and cash flows for the ninetwo-month period then ended, accompanied by the unqualified certification thereon of the Chief Financial Officer or Vice President--Finance of the Company (together with any notes thereto, the "September November 30 Financial Statements") and (ii) a "bring-down" certificate of the Chief Executive Officer of the Company and the Chief Financial Officer or Vice President--Finance of the Company with respect to the financial position of the Company as of the Closing Date and as to results for the period from the date of the September 30 Financial Statements to the Closing Date, in form and substance satisfactory to Purchaser and its counsel.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Bion Environmental Technologies Inc)

Closing Financial Statements; Absence of Changes. (a) The Company shall have provided to Purchasers (i) the unaudited balance sheet of the Company as of September 30March 31, 19961997, and the related unaudited statement of operations for the three-month (and nine-month) periods period then ended, as well as the related unaudited statements of stockholders' equity (deficit) and cash flows for the ninethree-month period then ended, accompanied by the unqualified certification thereon of the Chief Financial Officer or Vice President--Finance of the Company (together with any notes thereto, the "September 30 March 31 Financial Statements") and (ii) a "bring-down" certificate of the Chief Executive Officer of the Company and the Chief Financial Officer or Vice President--Finance of the Company with respect to the financial position of the Company as of the Closing Date and as to results for the period from the date of the September 30 March 31 Financial Statements to the Closing Date, in form and substance satisfactory to Purchaser and its counsel.

Appears in 1 contract

Samples: Securities Purchase Agreement (Procept Inc)

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Closing Financial Statements; Absence of Changes. (a) The ------------------------------------------------ Company shall have provided to Purchasers Purchaser (i) the unaudited audited balance sheet of the Company as of September 30December 31, 1996, and the related unaudited statement of operations for the three-month (and nine-month) periods 12 months then ended, as well as the related unaudited statements of stockholders' equity (deficit) and cash flows for the nine-month period 12 months then endedended (and unaudited statements for the three months ended March 31, 1997), accompanied by the unqualified certification thereon of the Chief Financial Officer or Vice President--Finance of the Company (together with any notes thereto, the "September 30 Financial Statements") ), and (ii) a "bring-down" certificate of the Chief Executive Officer of the Company and the Chief Financial Officer or Vice President--Finance of the Company with respect to the financial position of the Company as of the Closing Date Date, and as to results for the period from the date of the September 30 Financial Statements to the Closing Date, in form and substance satisfactory to Purchaser and its counsel.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Ansan Pharmaceuticals Inc)

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