Common use of Financial Condition; No Material Adverse Effect Clause in Contracts

Financial Condition; No Material Adverse Effect. (a) The Borrower has furnished to the Lenders the consolidated financial statements of the Borrower as of and for the Fiscal Years ended December 31, 2016 and December 31, 2017, reported on by its auditors. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower as of such dates and for such periods in accordance with GAAP.

Appears in 2 contracts

Samples: Intercreditor Agreement (Eldorado Gold Corp /Fi), Intercreditor Agreement (Eldorado Gold Corp /Fi)

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Financial Condition; No Material Adverse Effect. (a) The Borrower has heretofore furnished to the Lenders the its consolidated financial balance sheets and statements of the Borrower income, stockholders’ equity and cash flows as of and for the Fiscal Years fiscal year ended December 31, 2016 and December 31, 20172018, reported on by its auditorsPricewaterhouse Coopers LLP, independent public accountants. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower and its Subsidiaries as of such respective dates and for such periods respective fiscal years on a consolidated basis in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc)

Financial Condition; No Material Adverse Effect. (a) The Borrower has furnished to the Lenders on or before the Effective Date its consolidated financial balance sheet and statements of the Borrower income, shareholders’ equity and cash flows as of and for the Fiscal Years fiscal year ended December 31, 2016 and December 312006, 2017audited by PricewaterhouseCoopers LLP, reported on by its auditorsindependent public accountants. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates date and for such periods period in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Plains Exploration & Production Co), Credit Agreement (Plains Exploration & Production Co)

Financial Condition; No Material Adverse Effect. (a) The Borrower has furnished to the Lenders the consolidated financial balance sheets and statements of the Borrower income, retained earnings and cash flow as of and for the Fiscal Years its fiscal years ended December 31, 2016 2006 and December 31, 20172007, reported on by its auditors. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower as of such dates and for such periods in accordance with GAAP.

Appears in 2 contracts

Samples: Term Credit Agreement (Teck Cominco LTD), Bridge Credit Agreement (Teck Cominco LTD)

Financial Condition; No Material Adverse Effect. (a) The Borrower has heretofore furnished to the Lenders the Lender its consolidated financial balance sheet and statements of the Borrower income and cash flows as of and for the Fiscal Years fiscal year ended December 31, 2016 and December 31, 20172014, reported on by its auditorsindependent public accountants of national standing. Such financial statements present fairly, fairly in all material respects, respects the consolidated financial position and results of operations and cash flows of the Borrower and its consolidated Subsidiaries as of such dates and for such periods periods, subject to year-end audit adjustments, and in accordance with GAAP.

Appears in 1 contract

Samples: Pledge Agreement (Coeur Mining, Inc.)

Financial Condition; No Material Adverse Effect. (a) The Borrower has heretofore furnished to the Lenders the its audited consolidated financial statements balance sheet and statement of the Borrower income, stockholders equity and cash flows as of and for the Fiscal Years fiscal years ended December 31, 2016 2013 and December 31, 20172014, all reported on by its auditorsa firm of independent public accountants acceptable to the Required Lenders. Such audited financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Security Agreement and Guaranty Agreement (Magnum Hunter Resources Corp)

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Financial Condition; No Material Adverse Effect. (a) The Borrower has heretofore furnished to the Lenders the its consolidated financial balance sheet and consolidated statements of the Borrower income, stockholders equity and cash flows as of and for the Fiscal Years fiscal years ended December 31, 2016 2008, December 31, 2009 and December 31, 20172010, reported on by its auditorsPricewaterhouseCoopers LLP, independent public accountants. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower Consolidated Group as of such dates and for such periods in accordance with GAAPGAAP consistently applied.

Appears in 1 contract

Samples: Credit Agreement (Mac-Gray Corp)

Financial Condition; No Material Adverse Effect. (a) The Borrower has furnished to the Lenders the its consolidated financial balance sheets and statements of the Borrower income, retained earnings and changes in financial position as of and for the portion of the Fiscal Years Year ended December 31, 2016 and December 31, 2017, reported on by its auditors2005. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Mercer International Inc.)

Financial Condition; No Material Adverse Effect. (a) The Borrower has furnished to the Lenders the its consolidated financial balance sheets and statements of the Borrower income, retained earnings and changes in financial position as of and for the portion of the Fiscal Years Year ended December 31, 2016 and December 31, 2017, reported on by its auditors. Such financial statements present fairly, in all material respects, the consolidated financial position and results of operations and cash flows of the Borrower as of such dates and for such periods in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Mercer International Inc.)

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