Common use of Information Correct and Current Clause in Contracts

Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Loan Party or Controlled Entity to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such written information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by the Loan Parties to Agent, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to the Loan Parties, and (ii) the most current of such projections provided to Parent’s board of directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan Parties, that no assurance is given that any particular projections will be realized, that actual results may differ).

Appears in 1 contract

Samples: Loan and Security Agreement (ATAI Life Sciences N.V.)

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Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Loan Party or Controlled Entity Borrower to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such written information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by the Loan Parties Borrower to Agent, whether prior to or after the Closing Date shall be (or, in the case of any such information provided prior to the Closing Date, shall be were) (i) provided in good faith and based on the most current data and information available to the Loan PartiesBorrower, and (ii) the most current of such projections provided to ParentBorrower’s board Board of directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan Parties, that no assurance is given that any particular projections will be realized, that actual results may differ)Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (Pulmatrix, Inc.)

Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Loan Party or Controlled Entity Borrower to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a wholetogether with all such other reports, statements or other documents or writings, contains or will contain any material misstatement of fact or, when taken together with all other such written information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by the Loan Parties Borrower to Agent, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to the Loan PartiesBorrower, and (ii) the most current of such projections provided to ParentBorrower’s board Board of directors Directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan Parties, that no assurance is given that any particular projections will be realized, that actual results may differ).significant

Appears in 1 contract

Samples: Loan and Security Agreement (Concert Pharmaceuticals, Inc.)

Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Loan Party or Controlled Entity Borrower to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such written information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by the Loan Parties Borrower to Agent, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to the Loan PartiesBorrower, and (ii) as of the date of delivery, the most current of such projections provided to ParentBorrower’s board Board of directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan Parties, that no assurance is given that any particular projections will be realized, that actual results may differ)Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (enGene Holdings Inc.)

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Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Loan Party or Controlled Entity Borrower to Agent in connection with any Loan Document or included therein or delivered pursuant thereto (other than the projections) contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such written information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by the Loan Parties Borrower to Agent, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to the Loan PartiesBorrower, and (ii) the most current of such projections provided to ParentBorrower’s board Board of directors Directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan PartiesBorrower, that no assurance is given that any particular projections will be realized, realized and that actual results may differdiffer materially).

Appears in 1 contract

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

Information Correct and Current. No written information, report, Advance Request, financial statement, certificate, exhibit or schedule furnished, by or on behalf of any Loan Party or Controlled Entity Borrower to Agent Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such written information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by the Loan Parties Borrower to AgentLender, whether prior to or after the Initial Closing Date, shall be (i) provided in good faith and based on the most current data and information available to the Loan PartiesBorrower, and (ii) the most current of such projections provided to ParentBorrower’s board Board of directors Directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan PartiesBorrower, that no assurance is given that any particular projections will be realized, realized and that actual results may differdiffer materially).

Appears in 1 contract

Samples: Loan and Security Agreement (Plug Power Inc)

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