Common use of Financial Statements; Material Adverse Change Clause in Contracts

Financial Statements; Material Adverse Change. (a) The audited consolidated financial statements of the Borrower and its Subsidiaries for the fiscal year ended December 31, 2016, included in the Borrower’s Annual Report on Form 10-K for 2016 filed with the SEC, as amended, present fairly, in all material respects, in accordance with GAAP, the financial condition, results of operations and cash flows of the Borrower and its Subsidiaries on a consolidated basis as of such date and for such period.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Jetblue Airways Corp), Credit and Guaranty Agreement (Jetblue Airways Corp)

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Financial Statements; Material Adverse Change. (a) The audited consolidated financial statements of the Borrower and its Subsidiaries for the fiscal year ended December 31, 20162019, included in the Borrower’s Annual Report on Form 10-K for 2016 2019 filed with the SEC, as amended, present fairly, in all material respects, in accordance with GAAP, the financial condition, results of operations and cash flows of the Borrower and its Subsidiaries on a consolidated basis as of such date and for such period.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Jetblue Airways Corp), Mortgage and Security Agreement (Jetblue Airways Corp)

Financial Statements; Material Adverse Change. (a) The audited consolidated financial statements of the Borrower and its Subsidiaries for the fiscal year ended December 31, 20162021, included in the Borrower’s Annual Report on Form 10-K for 2016 2021 filed with the SEC, as amended, present fairly, in all material respects, in accordance with GAAP, the financial condition, results of operations and cash flows of the Borrower and its Subsidiaries on a consolidated basis as of such date and for such period.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Jetblue Airways Corp)

Financial Statements; Material Adverse Change. (a) The audited consolidated financial statements of the Borrower and its Subsidiaries for the fiscal year ended December 31, 20162012, included in the Borrower’s Annual Report on Form 10-K for 2016 2012 filed with the SEC, as amended, present fairly, in all material respects, in accordance with GAAP, the financial condition, results of operations and cash flows of the Borrower and its Subsidiaries on a consolidated basis as of such date and for such period.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Jetblue Airways Corp)

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Financial Statements; Material Adverse Change. (a) The audited consolidated financial statements of the Borrower and its Subsidiaries as of and for the fiscal year ended December 31, 20162017, included in the Borrower’s Annual Report on Form 10-K for 2016 2017 filed with the SEC, as amended, present fairly, in all material respects, in accordance with GAAP, the financial condition, results of operations and cash flows of the Borrower and its Subsidiaries on a consolidated basis as of such date and for such period.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Allegiant Travel CO)

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