Common use of Financial Statements; Financial Condition Clause in Contracts

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subject, in the case of unaudited financial statements, to normal year-end adjustments and the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nalu Medical, Inc.), Loan and Security Agreement (Nalu Medical, Inc.)

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Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition and Borrower’s consolidated and consolidating results of operations as of the dates and for the periods presented (covered thereby, subject, in the case of unaudited financial statements, to normal year-end adjustments and the absence of footnotes)footnote disclosures. There has not been any material deterioration in Borrower’s consolidated and consolidating financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Spartan Acquisition Corp. II), Loan Agreement (Sunlight Financial Holdings Inc.)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subject, in the case of except with respect to unaudited financial statements, subject to normal year-end adjustments adjustments, and the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 2 contracts

Samples: Subordinated Loan and Security Agreement (Roku, Inc), Subordinated Loan and Security Agreement (Roku, Inc)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations operations, each as determined in accordance with GAAP, as of the dates and for the periods presented (subject, in the case of except with respect to unaudited financial statements, subject to normal year-year- end adjustments and for the absence of footnotes). There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Quantenna Communications Inc)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subject, in the case of except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 2 contracts

Samples: Loan and Security Agreement (10x Genomics, Inc.), Loan and Security Agreement (10X Genomics, Inc.)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations operations, each as determined in accordance with GAAP, as of the dates and for the periods presented (subject, in the case of except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes). There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 2 contracts

Samples: Mezzanine Loan and Security Agreement (Quantenna Communications Inc), Mezzanine Loan and Security Agreement (Quantenna Communications Inc)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and date or for the periods presented period covered by such financial statements (subject, in the case of except with respect to unaudited financial statements, subject to normal year-end adjustments and the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Verrica Pharmaceuticals Inc.)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (covered thereby, subject, in the case of unaudited financial statements, to normal year-end adjustments and the absence of footnotes)footnote disclosures. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subjectoperations, in the case of unaudited except that interim financial statements, statements may be subject to normal year-end audit adjustments and the absence of footnotes)need not contain footnote disclosure required by GAAP. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Extend Health Inc)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its consolidated Subsidiaries delivered to Bank by submission to the Lenders Financial Statement Repository or otherwise submitted to Bank fairly present in accordance with GAAP in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subject, in the case of unaudited financial statements, to normal year-end adjustments and the absence of footnotes)covered thereby. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any Lenderthe Financial Statement Repository or otherwise submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Biodesix Inc)

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Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition as of the date thereof and Borrower’s consolidated results of operations as of the dates and for the periods presented period covered thereby (subject, in the case of unaudited financial statements, to the absence of footnotes and to normal year-end adjustments and the absence of footnotesaudit adjustments). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Intersections Inc)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Lender fairly present in all material respects Borrower’s consolidated financial condition and BorrowerXxxxxxxx’s consolidated results of operations as of the dates and for the periods presented (subject, in the case of except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Lightning eMotors, Inc.)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subjectset forth therein, subject in the case of unaudited interim financial statements, statements to normal year-end adjustments and the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Similarweb Ltd.)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to the Lenders Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subject, in the case date of unaudited such financial statements, except that that interim financial statements may be subject to normal year-end audit adjustments (which will not be material in the aggregate) and the absence of footnotes)need not contain footnote disclosures required by GAAP. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Netlist Inc)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank by submission to the Lenders Financial Statement Repository fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subjectoperations, in the case of unaudited financial statements, subject only to normal year-end audit adjustments and the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any Lenderthe Financial Statement Repository.

Appears in 1 contract

Samples: Loan and Security Agreement (Genocea Biosciences, Inc.)

Financial Statements; Financial Condition. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank by submission to the Lenders Financial Statement Repository fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations as of the dates and for the periods presented (subject, in the case of unaudited financial statements, subject to normal year-end adjustments and the absence of footnotesfootnotes in the case of unaudited financial statements). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to any Lenderthe Financial Statement Repository.

Appears in 1 contract

Samples: Loan and Security Agreement (Trevi Therapeutics, Inc.)

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