Financial Statements; Indebtedness. (a) The audited and unaudited financial statements contained in the SEC Reports (collectively, the “Financial Statements”) (x) fairly present as of the respective dates thereof the financial position of the Borrower and the results of its operations, cash flows and stockholders’ equity for each of the periods then ended in all material aspects; and (y) except for the fact that the unaudited financial statements omit notes to such statements and year-end adjustments thereto, have been prepared in accordance with GAAP in conformity with the rules and regulations of the SEC.
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Samples: Loan and Security Agreement (Reeds Inc), Loan and Security Agreement (InterMetro Communications, Inc.), Loan and Security Agreement (Jagged Peak, Inc.)
Financial Statements; Indebtedness. (a) The audited and unaudited financial statements contained in the SEC Reports (collectively, the “Financial Statements”) (x) fairly present present, as of the respective dates thereof thereof, the financial position of the Borrower Borrower, and the results of its operations, cash flows and stockholders’ equity for each of the periods then ended in all material aspects; , and (y) except for the fact that the unaudited financial statements omit notes to such statements and year-end adjustments thereto, have been prepared in accordance with GAAP in conformity with the rules and regulations of the SEC.
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