Comfort Letter; Periodic Accountant's Report. The Comfort Letter(s) in respect of the Registration Statement or any Form 8-K containing substantial financial information incorporated by reference into the Registration Statement shall have been delivered prior to the date of delivery of such Draw Down Notice, reasonably satisfactory in form and substance to the Investors, and shall not have been rescinded, and a Periodic Accountant's Report covering the Company's most recently completed fiscal quarter (other than the fourth fiscal quarter) in respect of which the Company has its results of operations shall have been delivered prior to the date of delivery of such Draw Down Notice, satisfactory in form and substance to the Investor, covering customary matters, and shall not have been rescinded.
Appears in 2 contracts
Samples: Equity Line Financing Agreement (Gadzoox Networks Inc), Equity Line Financing Agreement (Gadzoox Networks Inc)
Comfort Letter; Periodic Accountant's Report. The Comfort Letter(s) in respect of the Registration Statement or any Form 8-K containing substantial financial information incorporated by reference into the Registration Statement shall have been delivered prior to the date of delivery of such Draw Down Notice, reasonably satisfactory in form and substance to the Investors, and shall not have been rescinded, and a Periodic Accountant's Report covering the Company's most recently completed fiscal quarter (other than the fourth fiscal quarter) in respect of which the Company has its results of operations shall have been delivered prior to the date of delivery of such Draw Down Notice, satisfactory in form and substance to the Investor, covering customary matters, and shall not have been rescinded.
Appears in 2 contracts
Samples: Equity Line Financing Agreement (Biopure Corp), Equity Line Financing Agreement (Biopure Corp)
