Common use of Financial Statements and Financial Condition Clause in Contracts

Financial Statements and Financial Condition. The Initial Financial Statements of Borrower and Guarantor were prepared in accordance with Applicable Accounting Standards (but, in the case of Unaudited Financial Statements, only to the extent Applicable Accounting Standards are applicable to interim unaudited reports) consistently applied with that of the preceding Fiscal Year of such Person (except as noted therein), and fairly present the financial condition of such Person as at such date and the results of their respective operations for the period then ended, subject in the case of the Unaudited Financial Statements to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. Since the date of the Initial Financial Statements, no events have occurred which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on the financial condition of Borrower or Guarantor as disclosed in the Initial Financial Statement of such Person. Each such Person has suffi­cient capital to carry on its business and transactions as now conducted and as planned to be conducted in the future.

Appears in 3 contracts

Samples: Loan Agreement (Energy Services of America CORP), Loan Agreement (Energy Services of America CORP), Loan Agreement (Energy Services of America CORP)

AutoNDA by SimpleDocs

Financial Statements and Financial Condition. The Initial Financial Statements of Borrower and Guarantor were prepared in accordance with Applicable Accounting Standards (but, in the case of Unaudited Financial Statements, only to the extent Applicable Accounting Standards are applicable to interim unaudited reports) consistently applied with that of the preceding Fiscal Year of such Person (except as noted therein), and fairly present the financial condition of such Person as at such date and the results of their respective operations for the period then ended, subject in the case of the Unaudited Financial Statements to changes resulting from audit and normal year-end adjustments and to the absence of complete footnotes. Since the date of the Initial Financial Statements, no events have occurred which, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect on the financial condition of Borrower or Guarantor as disclosed in the Initial Financial Statement of such Person. Each such Person has suffi­cient sufficient capital to carry on its business and transactions as now conducted and as planned to be conducted in the future.

Appears in 1 contract

Samples: Loan Agreement (Energy Services of America CORP)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.