Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 9 contracts
Samples: Loan and Security Agreement (Rubicon Technologies, Inc.), Loan and Security Agreement (Rubicon Technologies, Inc.), Loan and Security Agreement (Rubicon Technologies, Inc.)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP and fairly reflect in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 5 contracts
Samples: Term Loan and Security Agreement (Southland Holdings, Inc.), Loan and Security Agreement (Aytu Biopharma, Inc), Loan and Security Agreement (R F Industries LTD)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent provided that equity expenses are not reflected in interim financial statementsstatements may lack footnotes and will be subject to audit and year-end adjustments) and completely and fairly in all material respects reflect the financial condition of each Loan Party and its Subsidiaries covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 4 contracts
Samples: Loan and Security Agreement (Kaspien Holdings Inc.), Loan and Security Agreement (Kaspien Holdings Inc.), Loan and Security Agreement (Trans World Entertainment Corp)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 3 contracts
Samples: Loan and Security Agreement (Hightimes Holding Corp.), Loan and Security Agreement (New Age Beverages Corp), Loan and Security Agreement (Sypris Solutions Inc)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders Lender by or on behalf of any Loan Party Obligor have been, and at all times will be, prepared in conformity with GAAP and completely and in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each the Loan Party Obligor covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 3 contracts
Samples: Loan and Security Agreement (Janel Corp), Loan and Security Agreement (Janel Corp), Loan and Security Agreement (Janel Corp)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party and its Subsidiaries covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sifco Industries Inc), Loan and Security Agreement (Inseego Corp.)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.), Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect reflect, in all material respects, the financial condition of each Loan Party and its Subsidiaries covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect in all material respects the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders or any Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP and fairly reflect, in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect respects, the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders or any Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party and its Subsidiaries covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Samples: Loan and Security Agreement (SkyWater Technology, Inc)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders or any Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders or any Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All a)All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP and fairly reflect in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP and fairly reflect in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.. -41-
Appears in 1 contract
Samples: Loan and Security Agreement (Neos Therapeutics, Inc.)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) GAAP, and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.provided that the interim financial statements may be subject to changes from ordinary course year-end audit and quarterly review adjustments and such interim statements need not contain footnotes. Loan and Security Agreement
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders or any Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party and its Subsidiaries covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP and fairly reflect in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party and its Subsidiaries covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Samples: Loan and Security Agreement (Transact Technologies Inc)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders Lender by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP and completely and fairly in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party and its Subsidiaries covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Samples: Loan and Security Agreement (FreightCar America, Inc.)
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) with GAAP and completely and fairly reflect in all material respects the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
Financial Statements and Reports; Solvency. (a) All financial statements delivered to Agent and Lenders by or on behalf of any Loan Party have been, and at all times will be, prepared in conformity with GAAP in all material respects (except to the extent that equity expenses are not reflected in interim financial statements) and completely and fairly reflect the financial condition of each Loan Party covered thereby, at the times and for the periods therein stated, in all material respects.
Appears in 1 contract
