Common use of Correctness of Financial Statements Clause in Contracts

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately reflect Borrower’s financial condition in accordance with GAAP as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 12 contracts

Samples: Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (MeetMe, Inc.), Loan and Security Agreement (KIT Digital, Inc.)

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Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately accurately, in all material respects, reflect Borrower’s financial condition in accordance with GAAP (except with respect to unaudited financial statements, for the absence of footnotes and subject to normal year-end adjustments) as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 4 contracts

Samples: Loan and Security Agreement (Viveon Health Acquisition Corp.), Loan and Security Agreement (Delcath Systems, Inc.), Loan and Security Agreement (Rani Therapeutics Holdings, Inc.)

Correctness of Financial Statements. Borrower’s The financial statements which delivered from time to time by Borrower to the Lenders present fairly the financial condition of Borrower, and have been delivered to Lender fairly and accurately reflect Borrower’s financial condition prepared in accordance with GAAP as consistently applied. Since the date of the latest date of such most recent financial statements; andstatements delivered to the Lenders, since that date there has been no Material Adverse Changematerially adverse change in the condition or operation of Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Green Plains Renewable Energy, Inc.), Loan and Security Agreement (Premium Standard Farms, Inc.), Loan and Security Agreement (PSF Group Holdings Inc)

Correctness of Financial Statements. Borrower’s 's financial statements which have been delivered to Lender fairly and accurately reflect Borrower’s 's financial condition in accordance with GAAP as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 3 contracts

Samples: Loan and Security Agreement (Quepasa Corp), Loan and Security Agreement (Quepasa Corp), Loan and Security Agreement (Lumera Corp)

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately accurately, in all material respects, reflect Borrower’s financial condition in accordance with GAAP (except for the absence of footnotes and subject to normal year-end adjustments) as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 2 contracts

Samples: Loan and Security Agreement (Impel Neuropharma Inc), Loan and Security Agreement (Impel Neuropharma Inc)

Correctness of Financial Statements. BorrowerBxxxxxxx’s financial statements which have been delivered to Lender Lenders fairly and accurately accurately, in all material respects, reflect Borrower’s financial condition in accordance with GAAP as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 2 contracts

Samples: Loan and Security Agreement (LifeMD, Inc.), Loan and Security Agreement (DarioHealth Corp.)

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately reflect Borrower’s financial condition in accordance with GAAP all material respects as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emphasys Medical, Inc.), Loan and Security Agreement (Emphasys Medical, Inc.)

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately reflect in all material respects Borrower’s financial condition in accordance with past practice or GAAP (except in the case of unaudited financial statements, for the omission of footnotes and subject to normal year-end adjustments), in each case, as of the latest date of such financial statements; and, since that date of the most recent such financial statements there has been no Material Adverse Change.

Appears in 2 contracts

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

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender present fairly and accurately reflect Borrower’s financial condition in accordance with GAAP as of the latest date of such financial statements; and, and since that date there has been no Material Adverse Change.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nanosphere Inc), Loan and Security Agreement (Nanosphere Inc)

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately accurately, in all material respects, reflect Borrower’s financial condition in accordance with GAAP as of the latest date of such financial statements; and, since that date there has been no Material Adverse ChangeEffect.

Appears in 1 contract

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

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Correctness of Financial Statements. BorrowerXxxxxxxx’s financial statements which have been delivered to Lender Lenders fairly and accurately accurately, in all material respects, reflect Borrower’s financial condition in accordance with GAAP as of the latest date of such financial statements; and, statements and since that date there has been no Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Health Sciences Acquisitions Corp 2)

Correctness of Financial Statements. Borrower’s 's financial statements which have been delivered to Lender Lenders fairly and accurately reflect Borrower’s 's financial condition in accordance with GAAP as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 1 contract

Samples: Loan Agreement (Corvis Corp)

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately reflect in all material respects Borrower’s financial condition in accordance with GAAP as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Stable Road Acquisition Corp.)

Correctness of Financial Statements. Borrower’s financial statements which have been delivered to Lender fairly and accurately accurately, in all material respects, reflect Borrower’s financial condition in accordance with GAAP (except, in the case of unaudited financial statements, for the absence of footnotes and subject to normal year-end adjustments as to the interim financial statements) as of the latest date of such financial statements; and, since that date there has been no Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Benson Hill, Inc.)

Correctness of Financial Statements. Borrower’s financial statements (other than any projections which are subject to significant uncertainties and contingencies) which have been delivered to Lender Agent for distribution to Lenders fairly and accurately accurately, in all material respects, reflect Borrower’s financial condition in accordance with GAAP as of the latest date of such financial statements; and, since that date there has been no Material Adverse ChangeEffect.

Appears in 1 contract

Samples: Loan and Security Agreement (Biovie Inc.)

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