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

Financial Condition; No Material Adverse Effect. (a) The financial statements described in Sections 4.01(c)(i) and (ii) (or if applicable, 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 Representative 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 4.01(c)(i) or Section 5.01(a), to the absence of footnotes and normal year-end adjustments.

Appears in 4 contracts

Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)

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Financial Condition; No Material Adverse Effect. (a) The financial statements described in Sections (i) of Xxxxxxxx Corp. provided pursuant to Section 4.01(c)(i) and (ii) (or if applicableafter 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 financial position and results of operations and cash flows of the Top Borrower Representative 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 4.01(c)(i) or Section 5.01(a), to the absence of footnotes and normal year-end adjustments.

Appears in 4 contracts

Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)

Financial Condition; No Material Adverse Effect. (a) The financial statements described in Sections 4.01(c)(i(i) provided pursuant to Section 4.01(c) and (ii) (or if applicableafter 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 financial position 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, (y) subject, in the case of quarterly financial statements provided pursuant to Section 4.01(c)(i) or Section 5.01(a)statements, to the absence of footnotes and normal year-end adjustmentsadjustments and (z) except as may be necessary to reflect any differing entities and organizational structure prior to giving effect to the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Credit Agreement (Dragoneer Growth Opportunities Corp.)

Financial Condition; No Material Adverse Effect. (a) The financial statements described in Sections (i) of Target provided pursuant to Section 4.01(c)(i) and (ii) (or if applicableafter 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 financial position and results of operations and cash flows of the Borrower Representative Holdings 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 4.01(c)(i) or Section 5.01(a), to the absence of footnotes and normal year-end adjustments.

Appears in 3 contracts

Samples: Term Loan Agreement (Daseke, Inc.), Term Loan Agreement (Daseke, Inc.), Term Loan Agreement (Daseke, Inc.)

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Financial Condition; No Material Adverse Effect. (a) The financial statements described in Sections (i) provided pursuant to Section 4.01(c)(i) and (ii) (or if applicableafter 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 financial position 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, (y) subject, in the case of quarterly financial statements provided pursuant to Section 4.01(c)(i) or Section 5.01(a)statements, to the absence of footnotes and normal year-end adjustmentsadjustments and (z) except as may be necessary to reflect any differing entity and/or organizational structure prior to giving effect to the Transactions and/or any Permitted Practice Subsidiary Restructuring.

Appears in 1 contract

Samples: Assignment and Assumption (ATI Physical Therapy, Inc.)

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