Common use of Financial Statements and SEC Documents Clause in Contracts

Financial Statements and SEC Documents. (a) Incorporated by reference herein are (i) the audited financial statements of the Company for the fiscal year ended June 30, 1999, including the balance sheet as at the end of such fiscal year and the related statements of operations, shareholders' equity (deficit) and cash flows for such fiscal year, certified by Xxxxxxxx Xxxxx Xxxxxxx & Xxxxxxx PC and (ii) the September 30 Financial Statements (the financial statements referred to in clauses (i) and (ii) are referred to herein collectively as the "Financial Statements"). For purposes of this Agreement, September 30, 1999, shall be hereinafter referred to as the "Balance Sheet Date." The Financial Statements have been prepared in accordance with the books and records of the Company and generally accepted accounting principles, applied consistently with the past practices of the Company (except as otherwise noted in such Financial Statements), reflect all liabilities and obligations of the Company, as of their respective dates, and present fairly the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Bion Environmental Technologies Inc), Note and Warrant Purchase Agreement (D2 Co LLC)

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Financial Statements and SEC Documents. (a) Incorporated by reference herein Attached hereto as Schedule 5.7 are (i) the audited financial statements of the Company for the fiscal year ended June 30December 31, 19991995, including the balance sheet as at the end of such fiscal year and the related statements of operations, shareholdersstockholders' equity (deficit) and cash flows for such fiscal year, certified by Xxxxxxxx Xxxxx Xxxxxxx Ernst & Xxxxxxx PC Young L.L.P. and (ii) the September 30 Financial Statements (the financial statements referred to in clauses (i) and (ii) are referred to herein collectively as the "Financial Statements"). For purposes of this Agreement, September 30, 1999. 1996, shall be hereinafter referred to as the "Balance Sheet Date." The Financial Statements have been prepared in accordance with the books and records of the Company and generally accepted accounting principles, applied consistently with the past practices of the Company (except as otherwise noted in such Financial Statements), reflect all liabilities and obligations of the Company, as of their respective dates, and present fairly the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Genta Incorporated /De/)

Financial Statements and SEC Documents. (a) Incorporated by reference herein Attached hereto as Schedule 5.7 are (i) the audited financial statements of the Company for the fiscal year ended June 30December 31, 19991996, including the balance sheet as at the end of such fiscal year and the related statements of operations, shareholdersstockholders' equity (deficit) and cash flows for such fiscal year, certified by Xxxxxxxx Xxxxx Xxxxxxx Coopers & Xxxxxxx PC Xxxxxxx, L.L.P. and (ii) the September 30 March 31 Financial Statements (the financial statements referred to in clauses (i) and (ii) are referred to herein collectively as the "Financial Statements"). For purposes of this Agreement, September 30March 31, 19991997, shall be hereinafter referred to as the "Balance Sheet Date." The Financial Statements have been prepared in accordance with the books and records of the Company and generally accepted accounting principles, applied consistently with the past practices of the Company (except as otherwise noted in such Financial Statements), reflect all liabilities and obligations of the Company, as of their respective dates, and present fairly the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.

Appears in 1 contract

Samples: Securities Purchase Agreement (Procept Inc)

Financial Statements and SEC Documents. (a) Incorporated by reference herein are (i) the audited financial statements of the Company for the fiscal year ended June 30, 19992000, including the balance sheet as at the end of such fiscal year and the related statements of operations, shareholders' equity (deficit) and cash flows for such fiscal year, certified by Xxxxxxxx Xxxxx Xxxxxxx & Xxxxxxx PC BDO Sxxxxxx, LLP and (ii) the September 30 December 31 Financial Statements (the financial statements referred to in clauses (i) and (ii) are referred to herein collectively as the "Financial Statements"). For purposes of this Agreement, September 30December 31, 19992000, shall be hereinafter referred to as the "Balance Sheet Date." The Financial Statements have been prepared in accordance with the books and records of the Company and generally accepted accounting principles, applied consistently with the past practices of the Company (except as otherwise noted in such Financial Statements), reflect all liabilities and obligations of the Company, as of their respective dates, and present fairly the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Bion Environmental Technologies Inc)

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Financial Statements and SEC Documents. (a) Incorporated by reference herein are (i) the audited financial statements of the Company for the fiscal year ended June 30, 1999, including the balance sheet as at the end of such fiscal year and the related statements of operations, shareholders' equity (deficit) and cash flows for such fiscal year, certified by Xxxxxxxx Xxxxx Xxxxxxx Ehrhardt Keefe Steiner & Xxxxxxx PC and Xxxxxxn XX xnx (iixx) the September Xxxxxxber 30 Financial Statements (the financial statements referred to in clauses (i) and (ii) are referred to herein collectively as the "Financial Statements"). For purposes of this Agreement, September 30, 1999, shall be hereinafter referred to as the "Balance Sheet Date." The Financial Statements have been prepared in accordance with the books and records of the Company and generally accepted accounting principles, applied consistently with the past practices of the Company (except as otherwise noted in such Financial Statements), reflect all liabilities and obligations of the Company, as of their respective dates, and present fairly the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Bion Environmental Technologies Inc)

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