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

Financial Information; No Material Adverse Effect. The audited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Year ended closest to December 31, 1997, and the related consolidated audited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Year then ended, copies of which have been delivered to each of the Banks, fairly present, in conformity with GAAP, the financial position of the Borrower and its Consolidated Subsidiaries as of such dates and the results of its operations and cash flow for such periods stated; provided, that during the term of this Agreement after the Closing Date, future representations as to the matters set forth in this sentence shall be deemed to refer to the most recent financial statements delivered pursuant to Sections 5.1.1 and 5.1.2. Since December 31, 1997, there has been no event, act, condition or occurrence having or which could be expected to have a Material Adverse Effect, except for matters disclosed in the quarterly financial statements referred to above; provided that during the term of this Agreement following the Closing Date, future representations as to matters set forth in this sentence shall be deemed to refer to the last day of the most recent audited financial statements delivered by the Borrower pursuant to Section 5.1.1.

Appears in 1 contract

Samples: Credit Agreement (Apple South Inc)

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Financial Information; No Material Adverse Effect. The audited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Year ended closest to December 31, 19971996, and the related consolidated audited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Year then ended, copies of which have been delivered to each of the Banks, and the unaudited financial statements of the Borrower and its Consolidated Subsidiaries as of and for the Fiscal Quarter ended closest to June 30, 1997, copies of which have been delivered to each of the Banks, fairly present, in conformity with GAAP, the financial position of the Borrower and its Consolidated Subsidiaries as of such dates and the results of its operations and cash flow for such periods stated; provided, that that, (i) the interim statements remain subject to normal year-end audit adjustments and (ii) during the term of this Agreement after the Closing Date, future representations as to the matters set forth in this sentence shall be deemed to refer to the most recent financial statements delivered pursuant to Sections 5.1.1 and 5.1.2. Since December 31, 19971996, there has been no event, act, condition or occurrence having or which could be expected to have a Material Adverse Effect, except for matters disclosed in the quarterly financial statements referred to above; provided that during the term of this Agreement following the Closing Date, future representations as to matters set forth in this sentence shall be deemed to refer to the last day of the most recent audited financial statements delivered by the Borrower pursuant to Section 5.1.1.

Appears in 1 contract

Samples: Credit Agreement (Apple South Inc)

Financial Information; No Material Adverse Effect. The audited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Year ended closest to December 31, 19971998, and the related consolidated audited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Year then ended, and the unaudited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Quarter ended closest to March 31, 1999, and the related consolidated unaudited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Quarter then ended, copies of which have been delivered to each of the Banks, fairly present, in conformity with GAAP, the financial position of the Borrower and its Consolidated Subsidiaries as of such dates and the results of its operations and cash flow for such periods stated; provided, that during the term of this Agreement after the Closing Date, future representations as to the matters set forth in this sentence shall be deemed to refer to the most recent financial statements delivered pursuant to Sections 5.1.1 and 5.1.2. Since December 31, 19971998, there has been no event, act, condition or occurrence having or which could be expected to have a Material Adverse Effect, except for matters disclosed in the quarterly financial statements referred to above; provided that during the term of this Agreement following the Closing Date, future representations as to matters set forth in this sentence shall be deemed to refer to the last day of the most recent audited financial statements delivered by the Borrower pursuant to Section 5.1.1.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

Financial Information; No Material Adverse Effect. The audited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Year ended closest to December 31, 19971995, and the related consolidated audited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Year then ended, copies of which have been delivered to each the Bank, and the unaudited financial statements of the BanksBorrower and its Consolidated Subsidiaries as of and for the Fiscal Quarter ended closest to June 30, 1996, copies of which have been delivered to the Bank, fairly present, in conformity with GAAP, the financial position of the Borrower and its Consolidated Subsidiaries as of such dates and the results of its operations and cash flow for such periods stated; provided, that that, (i) the interim statements remain subject to normal year-end audit adjustments and (ii) during the term of this Agreement after the Closing Date, future representations as to the matters set forth in this sentence shall be deemed to refer to the most recent financial statements delivered pursuant to Sections 5.1.1 and 5.1.2. Since December 31, 19971995, there has been no event, act, condition or occurrence having or which could be expected to have a Material Adverse Effect, except for matters disclosed in the quarterly financial statements referred to above; provided that during the term of this Agreement following the Closing Date, future representations as to matters set forth in this sentence shall be deemed to refer to the last day of the most recent audited financial statements delivered by the Borrower pursuant to Section 5.1.1.

Appears in 1 contract

Samples: Credit Agreement (Apple South Inc)

Financial Information; No Material Adverse Effect. The audited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Year ended closest to December 31, 19971998, and the related consolidated audited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Year then ended, and the unaudited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Quarter ended closest to March 31, 1999, and the related consolidated unaudited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Quarter then ended, copies of which have been delivered to each of the Banks, fairly present, in conformity with GAAP, the financial position of the Borrower and its Consolidated Subsidiaries as of such dates and the results of its operations and cash flow for such periods stated; providedPROVIDED, that during the term of this Agreement after the Closing Date, future representations as to the matters set forth in this sentence shall be deemed to refer to the most recent financial statements delivered pursuant to Sections 5.1.1 and 5.1.2. Since December 31, 19971998, there has been no event, act, condition or occurrence having or which could be expected to have a Material Adverse Effect, except for matters disclosed in the quarterly financial statements referred to above; provided PROVIDED that during the term of this Agreement following the Closing Date, future representations as to matters set forth in this sentence shall be deemed to refer to the last day of the most recent audited financial statements delivered by the Borrower pursuant to Section 5.1.1.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

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Financial Information; No Material Adverse Effect. The audited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Year ended closest to December 31, 1997, and the related consolidated audited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Year then ended, copies of which have been delivered to each the Bank, and the unaudited financial statements of the BanksBorrower and its Consolidated Subsidiaries as of and for the Fiscal Quarter ended closest to March 31, 1998, copies of which have been delivered to the Bank, fairly present, in conformity with GAAP, the financial position of the Borrower and its Consolidated Subsidiaries as of such dates and the results of its operations and cash flow for such periods stated; provided, that that, (i) the interim statements remain subject to normal year-end audit adjustments and (ii) during the term of this Agreement after the Closing Date, future representations as to the matters set forth in this sentence shall be deemed to refer to the most recent financial statements delivered pursuant to Sections 5.1.1 and 5.1.2. Since December 31, 19971995, there has been no event, act, condition or occurrence having or which could be expected to have a Material Adverse Effect, except for matters disclosed in the quarterly financial statements referred to above; provided that during the term of this Agreement following the Closing Date, future representations as to matters set forth in this sentence shall be deemed to refer to the last day of the most recent audited financial statements delivered by the Borrower pursuant to Section 5.1.1.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

Financial Information; No Material Adverse Effect. The audited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Year ended closest to December 31, 19971999, and the related consolidated audited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Year then ended, and the unaudited balance sheet of the Borrower and its Consolidated Subsidiaries as of the Fiscal Quarter ended closest to December 31, 2000, and the related consolidated unaudited statements of income, shareholders' equity and cash flows of the Borrower and its Consolidated Subsidiaries for the Fiscal Quarter then ended, copies of which have been delivered to each of the Banks, fairly present, in conformity with GAAP, the financial position of the Borrower and its Consolidated Subsidiaries as of such dates and the results of its operations and cash flow for such periods stated; provided, that during the term of this Agreement after the Closing Date, future representations as to the matters set forth in this sentence shall be deemed to refer to the most recent financial statements delivered pursuant to Sections 5.1.1 and 5.1.2. Since December 31, 19971999, there has been no event, act, condition or occurrence having or which could be expected to have a Material Adverse Effect, except for matters disclosed in the quarterly financial statements referred to above; provided that during the term of this Agreement following the Closing Date, future representations as to matters set forth in this sentence shall be deemed to refer to the last day of the most recent audited financial statements delivered by the Borrower pursuant to Section 5.1.1.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

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