Common use of Financial Condition and Statements Clause in Contracts

Financial Condition and Statements. 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 in the future will completely and accurately reflect the financial condition of the Borrower, at the times and for the periods therein stated. Since the last date covered by any such statement, there has been no material adverse change in the financial condition or business of the Borrower. The Borrower is now and will continue to be solvent. The Borrower will provide Silicon: (i) within 30 days after the end of each fiscal quarter, a quarterly financial statement prepared by the Borrower, and a Compliance Certificate in such form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that throughout such quarter the Borrower was in full compliance with all of the terms and conditions of this Agreement, and setting forth calculations showing compliance with the financial covenants set forth on the Schedule and such other information as Silicon shall reasonably request; (ii) within 3 days after the earlier of the date the Borrower's report 10-Q is filed or is required to be filed with the Securities and Exchange Commission, such 10-Q report; (iii) within 120 days following the end of the Borrower's fiscal year, complete annual financial statements, certified by independent certified public accountants acceptable to Silicon; and (iv) within 3 days after the earlier of the date the Borrower's report 10-K is filed or is required to be filed with the Securities Exchange Commission, such 10-K report."

Financial Condition and Statements. All financial statements now or in the future delivered to Silicon have been, and will shall be, prepared in conformity with generally accepted accounting principles and now and in the future will shall completely and accurately reflect the financial condition of the Borrower, at the times and for the periods therein stated. Since the last date covered by any such statement, there has been no material adverse change in the financial condition or business of the Borrower. The Borrower is now and will shall continue to be solvent. The Borrower will shall provide Silicon: (ia) within 30 days after the end of each fiscal quartermonth, a quarterly monthly financial statement (consisting of an income statement and a balance sheet) prepared by the Borrower; (b) within 15 days after the end of each month, an accounts receivable report and an accounts payable report in such form as Silicon shall reasonably specify; (c) within 15 days after the end of each month, a Borrowing Base Certificate in the form attached to this Agreement as Exhibit A, as Silicon may reasonably modify such Certificate from time to time, signed by the President or Chief Financial Officer of the Borrower; and (d) within 30 days after the end of each quarter of each fiscal year, a Compliance Certificate in such form as Silicon shall reasonably specify, signed by the President or Chief Financial Officer of the Borrower, certifying that throughout such quarter the Borrower was in full compliance with all of the terms and conditions of this Agreement, and setting forth calculations showing compliance with the financial covenants set forth on the Schedule hereto and such other information as Silicon shall reasonably request; (ii) . The Borrower shall provide Silicon, within 3 days after the earlier of the date the Borrower's report 10-Q is filed or is required to be filed with the Securities and Exchange Commission, such 10-Q report; (iii) within 120 90 days following the end of the Borrower's fiscal year, complete annual CPA-audited financial statementsstatements with details on Borrower, certified such review being conducted by independent certified public accountants reasonably acceptable to Silicon; and (iv) within 3 days after the earlier of the date the Borrower's report 10-K is filed or is required to be filed with the Securities Exchange Commission, such 10-K report."

Financial Condition and Statements. All financial statements now or in the future delivered to Silicon have been, and will shall be, prepared in conformity with generally accepted accounting principles and now and in the future will shall completely and accurately reflect the financial condition of the Borrower, at the times and for the periods therein stated. Since the last date covered by any such statement, there has been no material adverse change in the financial condition or business of the Borrower. The Borrower is now and will shall continue to be solvent. The Borrower will shall provide Silicon: (i) within 30 days after the end of each fiscal quartermonth, a quarterly monthly financial statement (consisting of a income statement and balance sheet) prepared by the BorrowerBorrower in accordance with generally accepted accounting principles; (ii) within 20 days after the end of each month, an accounts receivable report and an accounts payable report, in such form as Silicon shall reasonably specify; (iii) within 30 days after the end of each month, a Compliance Certificate in such form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that throughout such quarter month the Borrower was 2 in full compliance with all of the terms and conditions of this AgreementAgreement and the Schedule, and setting forth calculations showing compliance with the financial covenants set forth on the Schedule and providing such other information as Silicon shall reasonably request; (iiiv) within 3 days after the earlier of the date the Borrower's report 10-Q is filed or is required to be filed with the Securities and Exchange Commission, such 10-Q report; (iii) within 120 90 days following the end of the Borrower's ' fiscal year, complete annual CPA-audited financial statements, certified such audit being conducted by independent certified public accountants reasonably acceptable to Silicon, together with an unqualified opinion of such accountants; and (ivv) within 3 5 days after the earlier of the date the Borrower's report filing date, any 10Q, 10-K is filed or is required to be filed 8K filings made by Borrower with the Securities and Exchange Commission, such 10-K report."

Financial Condition and Statements. 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 the Borrower, at the times and for the periods therein statedstated subject to normal year-end adjustments. Since the last date covered by any such statement, there has been no material adverse change in the financial condition or business of the Borrower. The Borrower is now and will continue to be solvent. The Borrower will provide Silicon: (i) within 30 Within the earlier of (A) 45 days after the end of each fiscal quarterquarter or (B) 5 days after the earlier of the date the report 10-Q is filed or is required to be filed with the Securities and Exchange Commission ("SEC") with respect to Borrower, such 10-Q report, a quarterly financial statement prepared by the Borrower, and a Compliance Certificate in such form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that throughout such quarter the Borrower was in full compliance with all of the terms and conditions of this Agreement, and setting forth calculations showing compliance with the financial covenants set forth on the Schedule and such other information as Silicon shall reasonably requestrequest (the "Compliance Certificate"); (iiiii) within 3 the earlier of (A) 90 days after the end of Borrower's fiscal year or (B) 5 days after the earlier of the date the Borrower's report 10-Q is filed or is required to be filed with the Securities and Exchange Commission, such 10-Q report; (iii) within 120 days following the end of the Borrower's fiscal year, complete annual financial statements, certified by independent certified public accountants acceptable to Silicon; and (iv) within 3 days after the earlier of the date the Borrower's report 10-K is filed or is required to be filed with the Securities and Exchange CommissionCommission with respect to Borrower, such 10-K report.", complete annual financial statements, certified by

Financial Condition and Statements. 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 the Borrower, at the times and for the periods therein stated. Since the last date covered by any and such statement, there has been no material adverse change in the financial condition or business of the Borrower. The Borrower is now and will continue to be solvent. The Borrower will provide Silicon: (i) within 30 Within 5 days after the end earlier of each fiscal quarterthe date the report 10-Q (regarding CN Biosciences, Inc.) is filed or is required to be filed with the Securities Exchange Commission, such 10-Q report, a quarterly consolidating and consolidated financial statement prepared by regarding CN Biosciences, Inc. and the Borrower, and a Compliance Certificate in such form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that throughout such quarter the Borrower was in full compliance with all of the terms and conditions of this Agreement, and setting forth calculations showing compliance with the financial covenants set forth on the Schedule and such other information as Silicon shall reasonably requestrequest (the "Compliance Certificate"); and (ii) within 3 5 days after the earlier of the date the Borrower's report 10-Q K (regarding CN Biosciences, Inc.) is filed or is required to be filed with the Securities and Exchange Commission, such 10-Q report; (iii) within 120 days following the end of the Borrower's fiscal year, complete annual financial statements, certified by independent certified public accountants acceptable to Silicon; and (iv) within 3 days after the earlier of the date the Borrower's report 10-K is filed or is required to be filed with the Securities Exchange Commission, such 10-K report, complete annual consolidating and consolidated financial statements, certified by indpendent certified public accountants acceptable to silicon, and a Compliance Certificate for the quarter then ended."" 2 SILICON VALLEY BANK AMENDMENT TO LOAN AGREEMENT

Financial Condition and Statements. 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 the Borrower, at the times and for the periods therein stated. Since the last date covered by any such statement, there has been no material adverse change in the financial condition or business of the Borrower. The Borrower is now and will continue to be solvent. The Borrower will provide Silicon: (i) within 30 Within 5 days after the end earlier of each fiscal quarterthe date Borrower's 10-Q report is filed or is required to be filed with the Securities Exchange Commission, such 10-Q report, a quarterly financial statement prepared by the Borrower, and a Compliance Certificate in such form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that throughout at the end of such quarter the Borrower was in full compliance with all of the terms and conditions of this Agreement, and setting forth calculations showing compliance with the financial covenants set forth on the Schedule and such other information as Silicon shall reasonably requestrequest (the "Compliance Certificate") for the quarter then ended; and (ii) within 3 5 days after the earlier of the date the Borrower's report 10-Q is filed or is required to be filed with the Securities and Exchange Commission, such 10-Q report; (iii) within 120 days following the end of the Borrower's fiscal year, complete annual financial statements, certified by independent certified public accountants acceptable to Silicon; and (iv) within 3 days after the earlier of the date the Borrower's report 10-K report is filed or is required to be filed with the Securities Exchange Commission, such 10-K report, and complete annual financial statements, certified by independent certified public accountants acceptable to Silicon."