Financial Condition; No Adverse Change. Borrower has furnished to Lender its financial statements indicated in Section 5.9 of Schedule B, and those statements fairly present in all material respects Borrower’s financial condition as of those dates and the results of Borrower’s operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Energy Focus, Inc/De), Loan and Security Agreement (Energy Focus, Inc/De)
Financial Condition; No Adverse Change. Borrower has furnished to Lender its financial statements indicated in Section 5.9 of Schedule B, and those statements fairly present in all material respects Borrower’s financial condition as of those dates and the results of Borrower’s operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sugarfina Corp), Loan and Security Agreement (Point.360)
Financial Condition; No Adverse Change. Borrower has furnished to Lender its financial statements indicated in Section 5.9 of Schedule B, and those statements fairly present in all material respects Borrower’s financial condition as of those dates and the results of Borrower’s operations and cash flows for the periods then ended in all material respects, and were prepared in accordance with GAAPGAAP (except that the financial statements may not have all notes thereto required by GAAP and any financial statements for any non-calendar year end period are subject to normal year-end adjustments). Since the date of the most recent financial statements, there has been no Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Superior Drilling Products, Inc.)