Financial Condition and Result of Operations Sample Clauses

Financial Condition and Result of Operations. Seller has previously delivered to Buyer true, correct and complete copies of the balance sheet, income statement and statement of cash flows of Seller as of and for the dates set forth therein (the "Financial Statements"). The Financial Statements (i) are in accordance with the books and records and accounting methods of Seller, and (ii) present fairly the financial position and results of operations of Seller as of the dates and for the periods indicated. Except as disclosed in the Financial Statements, and as disclosed in this Agreement, Seller has no liabilities or obligations of any nature or kind, known or unknown, whether accrued, absolute, contingent or otherwise.
Sample 1
AutoNDA by SimpleDocs
Financial Condition and Result of Operations. Seller has previously delivered to Buyer true, correct and complete copies of the balance sheet of Seller as of December 27, 1997 and the related statement of cash flows for the year then ended and the related statement of shareholders' equity for the year then ended. The foregoing financial statements at and as of December 27, 1997 have been examined and reported upon to the extent noted in the report thereon dated February 3, 1998, by Xxxxxx Xxxxxxxx, LLP, independent public accountants (the "1997 Audited Financial Statements"). Seller has previously delivered to Buyer true, correct and complete copies of the audited balance sheet of Seller as of December 28, 1996 and the related statement of cash flows for the year then ended and the audited related statement of shareholders' equity for the year then ended (the "1996 Audited Financial Statements" and, collectively along with the 1997 Audited Financial Statements, the "Financial Statements"). The 1996 Audited Financial Statements have been examined and reported upon by Xxxxxx Xxxxxxxx, LLP. The Financial Statements, together with the notes thereto, (i) are in accordance with the books and records and accounting methods of Seller, (ii) present fairly the financial position and results of operations of Seller as of the dates and for the periods indicated and (iii) have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved except as noted therein.
Sample 1
Financial Condition and Result of Operations. Seller has previously delivered to Buyer true, correct and complete copies of the balance sheet of Seller's business as of December 31, 1994, and 1995, and the related statement of cash flows for the year then ended. Seller has also previously delivered true correct and complete copies of the balance sheet of Seller's business as of August 31, 1996, and the related statement of cash flows for the period. The financial statements provided (i) are in accordance with the books and records and accounting methods of Seller's business, (ii) present fairly the financial position and results of operations of Seller's business as of the dates and for the periods indicated, and (iii) have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods involved except as noted therein, except that there is no disclosure of items customarily contained in footnotes, the depreciation has been accelerated as permitted under Section 179 of the Internal Revenue Code of 1986, as amended, and such financial statements are unaudited.
Sample 1
Financial Condition and Result of Operations. Seller has previously delivered to Buyer true, correct and complete copies of the balance sheet of Seller as of December 31, 1998 and the related statements of operations and cash flows for the year then ended. (the "Financial Statements"). The Financial Statements, together with the notes thereto, (i) are in accordance with the books and records and accounting methods of Seller, (ii) present the financial position and results of operations of seller as of the dates and for the periods indicated, and (iii) have been prepared in accordance with generally accepted accounting principles consistently applied throughout the period involved (1998) except as noted therein.
Sample 1

Related to Financial Condition and Result of Operations

  • Statement of Operations d. Statement of Changes in Net Assets.

  • Financial Condition The audited consolidated balance sheets of the Borrower and its consolidated Subsidiaries as at December 31, 2005, and the related consolidated statements of income and of cash flows for the Fiscal Year ended on such date, reported on by and accompanied by an unqualified report from Deloitte & Touche LLP, present fairly in all material respects the consolidated financial condition of the Borrower and its consolidated Subsidiaries as at such date, and the consolidated results of its operations and its consolidated cash flows for such Fiscal Year. The unaudited consolidated balance sheets of the Borrower and its consolidated Subsidiaries as at March 31, 2006, or if available on or prior to the Amended and Restated Effective Date, June 30, 2006, and the related unaudited consolidated statements of income and cash flows for the 3-month period (or, in the event the June 30, 2006 unaudited consolidated balance sheets are available, the 6-month period) ended on such date, present fairly in all material respects the consolidated financial condition of the Borrower and its consolidated Subsidiaries as at such date, and the consolidated results of its operations and its consolidated cash flows for the 3-month period (or, in the event the June 30, 2006 unaudited consolidated balance sheets are available, the 6-month period) then ended (subject to normal year-end audit adjustments). All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP applied consistently throughout the periods involved (except as approved by the aforementioned firm of accountants and disclosed therein and except with respect to interim financials, normal year-end audit adjustments). As of the Amended and Restated Effective Date, the Borrower and its Subsidiaries do not have any material Guarantee Obligations, contingent liabilities and liabilities for taxes, or any long-term leases or unusual forward or long-term commitments, including, without limitation, any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the most recent financial statements referred to in this paragraph.

  • Financial Conditions The Borrower shall ensure that:

  • Financial Condition and Operations The Borrower will not permit any of the events set forth below to occur.

  • Financial Condition; Financial Statements (a) On and as of the Restatement Effective Date, on a pro forma basis after giving effect to the Transaction and to all Indebtedness (including the Loans) incurred, and to be incurred, and Liens created, and to be created, by each Credit Party in connection therewith, with respect to each Borrower (on a stand-alone basis), and each Borrower and its Subsidiaries (on a consolidated basis) (x) the sum of the assets, at a fair valuation, of each Borrower (on a stand-alone basis) and each Borrower and its Subsidiaries (on a consolidated basis) will exceed its or their debts, (y) it has or they have not incurred nor intended to, nor believes or believe that it or they will, incur debts beyond its or their ability to pay such debts as such debts mature and (z) it or they will have sufficient capital with which to conduct its or their business. For purposes of this Section 7.10(a), “debt” means any liability on a claim, and “claim” means (i) right to payment, whether or not such a right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured or (ii) right to an equitable remedy for breach of performance if such breach gives rise to a payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. The amount of contingent liabilities at any time shall be computed as the amount that, in the light of all facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability.

  • Financial Statements; Financial Condition All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • Solvent Financial Condition Each of Borrower and its Subsidiaries is now and, after giving effect to the Loans to be made hereunder, at all times will be, Solvent.

  • Financial Condition, Statements and Reports All financial statements now or in the future delivered to Silicon have been, and will be, prepared in conformity with generally accepted accounting principles and now and in the future will completely and accurately reflect the financial condition of Borrower, at the times and for the periods therein stated. Between the last date covered by any such statement provided to Silicon and the date hereof, there has been no material adverse change in the financial condition or business of Borrower. Borrower is now and will continue to be solvent.

  • Financial Statements; Financial Condition; etc The Borrower shall have delivered to the Administrative Agent:

Time is Money Join Law Insider Premium to draft better contracts faster.