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 (other than financial or business projections or other information of a forward-looking nature), by or on behalf of 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 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 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 Borrower, and (ii) the most current of such projections provided to Borrower’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 Borrower, that no assurance is given that any particular projections will be realized, and that actual results may differ).

Appears in 2 contracts

Samples: Loan and Security Agreement (Albireo Pharma, Inc.), Loan and Security Agreement (Constellation Pharmaceuticals Inc)

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Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished (other than financial or business projections or other information of a forward-looking nature)furnished, by or on behalf of 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 information or documents, omitted, omits or will omit omitted 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 were made, and were not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by 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 Borrower, and (ii) the most current of such projections provided to Borrower’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 Borrower, that and no assurance is assurances can be given that any particular such projections will be realized, and although reflecting Borrower’s good faith estimate, projections or forecasts based on methods and assumptions which the Borrower believed to be reasonable at the time such projections were prepared, are not to be viewed as facts, and that actual results during the period or periods covered by the projections may differdiffer materially from projected or estimated results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Viewray Inc), Loan and Security Agreement (Viewray Inc)

Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished (other than financial or business projections or other information of a forward-looking nature)furnished, by or on behalf of Borrower to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained(in each case, orother than forecasts, projections and other forward-looking statements and information of a general economic or industry nature), 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 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 Borrower, and (ii) the most current of such projections provided to Borrower’s Board of Directors based upon reasonable assumptions (it being understood that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts, that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of Borrower, that no assurance is given that any particular projections will be realized, and that actual results during the period or periods covered by such projections and forecasts may differdiffer from the projected or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Bluebird Bio, Inc.)

Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished (other than financial or business projections or other information of a forward-looking nature)furnished, by or on behalf of Borrower any Loan Party to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained(other than financial or business projections, oror information of a general economic or industry nature) (“Information”) contained as of the date such Information was furnished, when taken as a wholewhole with all other Information given or furnished to Agent or any Lender, contains or will contain any material misstatement of fact or, when taken together with all other such information or documentsInformation, omitted, omits or will omit omitted 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 madesuch Information was furnished (after giving effect to all supplements and updates), not materially misleading at the time such statement was made or deemed mademade provided, however, that no representation is made with respect to (i) any information of a general economic or industry nature, (ii) any forward looking statements or estimates or (iii) any pro forma financial statements or financial projections. Additionally, any and all financial or business projections provided by Borrower any Loan Party to AgentAgent under the Loan Documents, whether prior to or after the Closing Date, shall be (i) were provided in good faith and based on assumptions believed to be reasonable at the most current data and information available to Borrower, and (ii) the most current of such projections provided to Borrower’s Board of Directors time prepared (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of Borrowerany Loan Party, that no assurance is given that any particular projections will be realized, realized and that actual results during the period or periods covered by such projections and forecasts may differdiffer from the projected or forecasted results by a material amount).

Appears in 1 contract

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

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Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished (other than financial or business projections or other information of a forward-looking nature)furnished, by or on behalf of Borrower to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, together with any prospectively updated Compliance Certificate or other updated written information delivered to Agent, contains or will contain any material misstatement of fact or, when taken together with all other such 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 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 Borrower, and (ii) the most current of such projections provided to Borrower’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 Borrower, that no assurance is given that any particular projections will be realized, and that actual results may differ).

Appears in 1 contract

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

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