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 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 days after the end of each month, a monthly financial statement prepared by the Borrower, and a Compliance Certificate in such -2- Silicon Valley Bank Loan and Security Agreement -------------------------------------------------------------------------------- form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that as of the end of such month 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; and (ii) 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.

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 days after the end of each monthfiscal quarter, a monthly quarterly financial statement prepared by the Borrower, and a Compliance Certificate in such -2- Silicon Valley Bank Loan and Security Agreement -------------------------------------------------------------------------------- form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that as of the end of throughout such month 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; and (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." 4. AMENDED

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 SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- 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 month, a monthly financial statement prepared by the Borrower, and a Compliance Certificate in such -2- Silicon Valley Bank Loan and Security Agreement -------------------------------------------------------------------------------- form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that as of the end of such month 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; and (ii) within 120 days following the end of the Borrower's fiscal year, complete annual financial statements, certified by independent certified public accountants acceptable to SiliconSilicon and accompanied by the unqualified report thereon by said independent certified public accountants.

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 monththe date Borrower's 10-Q report is filed or is required to be filed with the Securities Exchange Commission, such 10-Q report, a monthly quarterly financial statement prepared by the Borrower, and a Compliance Certificate in such -2- Silicon Valley Bank Loan and Security Agreement -------------------------------------------------------------------------------- form as Silicon shall reasonably specify, signed by the Chief Financial Officer of the Borrower, certifying that as of at the end of such month 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 120 5 days following after the end earlier of the date Borrower's fiscal year10-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.