Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ballantyne of Omaha Inc), Loan and Security Agreement (Diversified Corporate Resources Inc), Loan and Security Agreement (Method Products Corp /De)
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete in all material respects and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Appears in 3 contracts
Samples: Loan and Security Agreement (Charys Holding Co Inc), Loan and Security Agreement (Charys Holding Co Inc), Loan and Security Agreement (Youthstream Media Networks Inc)
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Appears in 3 contracts
Samples: Loan and Security Agreement (U S Trucking Inc), Loan and Security Agreement (WRP Corp), Loan and Security Agreement (Conmat Technologies Inc)
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, Month are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each of such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Hypercom Corp)
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAPIFRS. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.; and
Appears in 2 contracts
Samples: Loan Agreement (Vicinity Motor Corp), Loan Agreement (Vicinity Motor Corp)
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such material assumptions are disclosed in the Projections.
Appears in 1 contract
Samples: Loan and Security Agreement (3do Co)
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, Month are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower Person as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Nutraceuticals Inc/Tx)
Financial Statements and Projections; Books and Records. (a) The Borrower has delivered as of the Closing Date (i) the Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, which Financial Statements are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each of such Financial Statement in accordance with GAAP. The Statement, and (ii) the Projections, which Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
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Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately in all material respects the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use operating assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such operating assumptions are disclosed in the Projections.
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Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal MonthQuarter, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.; and
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Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower Borrowers to Lender Purchaser for its their most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately in all material respects the financial condition of such Borrower Borrowers as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower Borrowers to Lender Purchaser have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender Purchaser and all such assumptions are disclosed in the Projections.
Appears in 1 contract
Samples: Note Purchase and Security Agreement (Biohitech Global, Inc.)
Financial Statements and Projections; Books and Records. (a. xix) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal MonthQuarter, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Appears in 1 contract
Samples: Loan and Security Agreement (House of Taylor Jewelry, Inc.)
Financial Statements and Projections; Books and Records. (a) The ------------------------------------------------------- Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
Appears in 1 contract
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year and Fiscal Month, are true, correct and complete in accordance with GAAP and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such reasonable assumptions are disclosed in the Projections.
Appears in 1 contract
Samples: Loan and Security Agreement (Global Pharmaceutical Corp \De\)
Financial Statements and Projections; Books and Records. (a) The Financial Statements delivered by each Borrower to Lender for its most recently ended Fiscal Year Year, Fiscal Quarter and Fiscal Month, are true, correct and complete and reflect fairly and accurately the financial condition of such Borrower as of the date of each such Financial Statement in accordance with GAAP. The Projections most recently delivered by each Borrower to Lender have been prepared in good faith, with care and diligence and use assumptions that are reasonable under the circumstances at the time such Projections were prepared and as of the date delivered to Lender and all such assumptions are disclosed in the Projections.
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