Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments.
Appears in 4 contracts
Samples: Fourth Amendment Agreement (PQ Group Holdings Inc.), Third Amendment Agreement (PQ Group Holdings Inc.), Patent Security Agreement (PQ Group Holdings Inc.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Lead Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments.
Appears in 4 contracts
Samples: First Amendment Agreement (PQ Group Holdings Inc.), Credit Agreement (SB/RH Holdings, LLC), Trademark Security Agreement (PQ Group Holdings Inc.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower Borrowers on a consolidated basis as of such dates and for such periods in accordance with GAAPIFRS, (i) except as otherwise expressly noted therein and (ii) subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments.
Appears in 4 contracts
Samples: Security Agreement (Knowlton Development Corp Inc), Credit Agreement (Knowlton Development Corp Inc), Security Agreement (Knowlton Development Parent, Inc.)
Financial Condition; No Material Adverse Effect. (a) (i) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the consolidated financial position condition and results of operations and cash flows of the Borrower on a consolidated basis and its Subsidiaries as of such dates and for such periods in accordance with GAAP, (x) except as otherwise expressly noted therein and (y) subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments.
Appears in 3 contracts
Samples: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Cowen Inc.), Credit Agreement (Victory Capital Holdings, Inc.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided to the Initial Lenders pursuant to Section 5.01(a4.01(c)(i) or (b), as applicable, present fairly, in all material respects, the financial position and position, results of operations and cash flows of the Borrower on a Target and its consolidated basis subsidiaries as of such dates and for such periods in accordance with GAAP, subject, in the case of unaudited financial statements provided pursuant to Section 5.01(a4.01(c)(i)(b), to the absence of footnotes and normal year-end adjustments.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAPIFRS, subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments, except as otherwise expressly noted therein.
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Financial Condition; No Material Adverse Effect. (ai) The financial statements most recently provided pursuant to Section 4.01(c) and Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, subject, in the case of financial statements provided pursuant to Section 5.01(a) and Section 4.01(c), to the absence of footnotes and normal year-end adjustments.
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Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower Borrowers on a consolidated basis as of such dates and for such periods in accordance with GAAP, subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments.
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Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position condition and results of operations and cash flows of the Borrower Representative on a consolidated basis as of such dates and for such periods in accordance with GAAP, (x) except as otherwise expressly noted therein and/or (y) subject, in the case of quarterly financial statements provided pursuant to Section 5.01(a)statements, to the absence of footnotes and normal year-end adjustments.
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Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided delivered pursuant to Section 5.01(a) or (b)6.01, as applicablewhen delivered, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis and its Restricted Subsidiaries (if any) as of such dates and for such periods in accordance with GAAP, subject, in the case of financial statements provided pursuant subject to Section 5.01(a), to year-end audit adjustments and the absence of footnotes and normal year-end adjustmentsfootnotes, except as otherwise expressly noted therein.
Appears in 1 contract
Samples: Possession Credit Agreement
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided to the Initial Lenders pursuant to Section 5.01(a4.01(c)(i) or (b), as applicable, present fairly, in all material respects, the financial position and position, results of operations and cash flows of the Borrower on a Target and its consolidated basis subsidiaries as of such dates and for such periods in accordance with GAAP, subject, in the case of unaudited financial statements provided pursuant to Section 5.01(a4.01(c)(i)(b), to the absence of footnotes and normal year-end adjustments.. 138
Appears in 1 contract
Samples: First Lien Credit Agreement (Ranpak Holdings Corp.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Lead Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end yearend adjustments.
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Financial Condition; No Material Adverse Effect. (a) The After the Closing Date, the financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the consolidated financial position condition and results of operations and cash flows of the Borrower on a consolidated basis and its Subsidiaries as of such dates and for such periods in accordance with GAAPperiods, (x) except as otherwise expressly noted therein and (y) subject, in the case of financial statements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments.
Appears in 1 contract
Samples: Credit Agreement (View, Inc.)