Common use of Financial Statements; Indebtedness Clause in Contracts

Financial Statements; Indebtedness. (a) The balance sheet of Borrower as of September 30, 2016, and the related statement of operations, stockholders’ equity and cash flows (together with the related notes) for the Fiscal Year ended December 31, 2015, and the balance sheet of Borrower and the related statement of operations, stockholders’ or members’ equity and cash flows (together with the related notes) for the 9- month period ended September 30, 2016 (collectively, the “Financial Statements”) fairly present, as of the date thereof, the financial position of Borrower, and the results of its operations, cash flows and stockholders’ equity in all material aspects. (b) Except as shown on the most recent Financial Statements, (i) Borrower has no Indebtedness as of the date hereof which would adversely affect the financial condition of Borrower or the Collateral, and (ii) Borrower has no liabilities, contingent or otherwise, except those which, individually or in the aggregate, are not material to the financial condition or operating results of Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Sysorex Global)

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Financial Statements; Indebtedness. (a) The balance sheet of Borrower as of September 30December 31, 20162012, and the related statement of operations, stockholders’ equity and cash flows (together with the related notes) for the Fiscal Year year ended December 31, 20152012, and the balance sheet of Borrower as of December 31, 2012 and the related statement of operations, stockholders’ or members’ equity and cash flows (together with the related notes) for the 9- 12-month period ended September 30December 31, 2016 2012 (collectively, the “Financial Statements”) fairly present, as of the date thereof, the financial position of Borrower, and the results of its operations, cash flows and stockholders’ equity in all material aspects. (b) Except as shown on the most recent Financial Statements, (i) Borrower has no Indebtedness as of the date hereof which would adversely affect the financial condition of Borrower or the Collateral, and (ii) Borrower has no liabilities, contingent or otherwise, except those which, individually or in the aggregate, are not material to the financial condition or operating results of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Elio Motors, Inc.)

Financial Statements; Indebtedness. (a) The balance sheet of Borrower as of September 30, 2016Balance Sheet Date, and the related statement of operations, stockholders’ equity and cash flows (together with the related notes) for the Fiscal Year ended December 31, 20152022, and the balance sheet of Borrower and the related statement of operations, stockholders’ or members’ equity and cash flows (together with the related notes) for the 9- 3-month period ended September 30, 2016 the Balance Sheet Date (collectively, the “Financial Statements”) fairly present, as of the date thereof, the financial position of Borrower, and the results of its operations, cash flows and stockholders’ equity in all material aspects. (b) Except as shown on the most recent Financial Statements, (i) Borrower has no Indebtedness as of the date hereof which would adversely affect the financial condition of Borrower or the Collateral, and (ii) Borrower has no liabilities, contingent or otherwise, except those which, individually or in the aggregate, are not material to the financial condition or operating results of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (1847 Holdings LLC)

Financial Statements; Indebtedness. (a) The balance sheet of Borrower as of September 30, 201612/31/2021, and the related statement of operations, stockholders’ equity and cash flows (together with the related notes) for the Fiscal Year ended December 31, 201512/31/2021, and the balance sheet of Borrower and the related statement of operations, stockholders’ or members’ equity and cash flows (together with the related notes) for the 9- 12-month period ended September 30, 2016 12/31/2021 (collectively, the “Financial Statements”) fairly present, as of the date thereof, the financial position of Borrower, and the results of its operations, cash flows and stockholders’ equity in all material aspects. (b) Except as shown on the most recent Financial Statements, (i) Borrower has no Indebtedness as of the date hereof which would adversely affect the financial condition of Borrower or the Collateral, and (ii) Borrower has no liabilities, contingent or otherwise, except those which, individually or in the aggregate, are not material to the financial condition or operating results of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Youngevity International, Inc.)

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Financial Statements; Indebtedness. (a) The balance sheet of Borrower as of September 30March 31, 20162012, and the related statement of operations, stockholders’ equity and cash flows (together with the related notes) for the Fiscal Year year ended December March 31, 20152012, and the balance sheet of Borrower as of June 30, 2012 and the related statement of operations, stockholders’ or members’ equity and cash flows (together with the related notes) for the 9- three (3) month period ended September June 30, 2016 2012 (collectively, the “Financial Statements”) fairly present, as of the date thereof, the financial position of Borrower, and the results of its operations, cash flows and stockholders’ equity in all material aspects. (b) Except as shown on the most recent Financial Statements, (i) Borrower has no Indebtedness as of the date hereof which would adversely affect the financial condition of Borrower or the Collateral, and (ii) Borrower has no liabilities, contingent or otherwise, except those which, individually or in the aggregate, are not material to the financial condition or operating results of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Valence Technology Inc)

Financial Statements; Indebtedness. (a) The balance sheet of Borrower as of September November 30, 20162012, and the related statement of operations, stockholders’ equity and cash flows (together with the related notes) for the Fiscal Year year ended December 31February 28, 20152012, and the balance sheet of Borrower and the related statement of operations, stockholders’ or members’ equity and cash flows (together with the related notes) for the 9- month nine (9)-month period ended September November 30, 2016 2013 (collectively, the “Financial Statements”) fairly present, as of the date thereof, the financial position of Borrower, and the results of its operations, cash flows and stockholders’ equity in all material aspects. (b) Except as shown on the most recent Financial Statements, (i) Borrower has no other Indebtedness as of the date hereof which would adversely affect the financial condition of Borrower or the Collateralhereof, and (ii) Borrower has no liabilities, contingent or otherwise, except those which, individually or in the aggregate, are not material to the financial condition or operating results of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (XZERES Corp.)

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