No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 107 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (NewAge, Inc.), Loan and Security Agreement (On24 Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower for Borrower, and any Subsidiary that are Subsidiary, delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then endedoperations. There has not been a any material adverse change deterioration in the Borrower's consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 104 contracts
Samples: Loan and Security Agreement (Corillian Corp), Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Displaytech Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 80 contracts
Samples: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (iSpecimen Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date.
Appears in 61 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement, Asset Purchase Agreement (Ross Technology Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 42 contracts
Samples: Loan and Security Agreement (Versata Inc), Loan and Security Agreement (E Piphany Inc), Loan and Security Agreement (Heartport Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower for Borrower, and any Subsidiary that are Subsidiary, delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then endedoperations. There has not been a any material adverse change deterioration in the Borrower’s consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 37 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Silicon Storage Technology Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 22 contracts
Samples: Loan and Security Agreement (Seebeyond Technology Corp), Loan and Security Agreement (Spy Optic Inc), Loan and Security Agreement (Nuvasive Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to for Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then endedoperations. There has not been a any material adverse change deterioration in the Borrower's consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 22 contracts
Samples: Loan and Security Agreement (Preview Systems Inc), Loan and Security Agreement (Ecollege Com), Loan Agreement (Moldflow Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating 's financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 16 contracts
Samples: Loan and Security Agreement (6d Bytes Inc.), Loan and Security Agreement (Bridgepoint Education Inc), Loan Agreement (Clarient, Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower Borrowers and any Subsidiary that are delivered by Borrower to Bank has received from Borrowers fairly present in all material respects Borrower’s consolidated and consolidating Borrowers’ financial condition as of the date thereof and Borrower’s Borrowers’ consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to Bank.
Appears in 15 contracts
Samples: Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (Icad Inc)
No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 14 contracts
Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Evolving Systems Inc), Loan and Security Agreement (Inktomi Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 8 contracts
Samples: Loan and Security Agreement (Vitalstream Holdings Inc), Loan and Security Agreement (Genoptix Inc), Loan Agreement (Qad Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary of Borrower that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 7 contracts
Samples: Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Upland Software, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 7 contracts
Samples: Loan and Security Agreement (NephroGenex, Inc.), Loan and Security Agreement (Verenium Corp), Loan and Security Agreement (Intelepeer Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to for Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then endedoperations. There has not been a any material adverse change deterioration in the Borrower's consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 7 contracts
Samples: Loan Agreement (Pharsight Corp), Loan Agreement (Pharsight Corp), Loan and Security Agreement (Stentor Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating -------------------------------------------------- financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date.
Appears in 7 contracts
Samples: Loan and Security Agreement (Open Market Inc), Loan and Security Agreement (C-Bridge Internet Solutions Inc), Loan and Security Agreement (Copper Mountain Networks Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating -------------------------------------------------- financial statements related to for Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then endedoperations. There has not been a any material adverse change deterioration in the Borrower's consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 5 contracts
Samples: Loan and Security Agreement (LTX Corp), Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Phase2media Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank DPW fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankDPW.
Appears in 5 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (DPW Holdings, Inc.), Loan and Security Agreement (Digital Power Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating consolidating, if applicable, financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating consolidating, if applicable, financial condition as of the date thereof and Borrower’s consolidated and consolidating consolidating, if applicable, results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 5 contracts
Samples: Loan and Security Agreement (Xilio Therapeutics, Inc.), Loan and Security Agreement (Xilio Therapeutics, Inc.), Loan and Security Agreement (Evelo Biosciences, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating (if any) financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating (if any) financial condition as of the date thereof and Borrower’s consolidated and consolidating (if any) results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating (if any) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 5 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Rubius Therapeutics, Inc.), Loan and Security Agreement (Rubius Therapeutics, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Lenders have received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankLenders.
Appears in 4 contracts
Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)
No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank Creditor fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankCreditor.
Appears in 4 contracts
Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating historical financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 4 contracts
Samples: Loan and Security Agreement (Verity Inc \De\), Loan and Security Agreement (Accrue Software Inc), Loan and Security Agreement (Verity Inc \De\)
No Material Adverse Change in Financial Statements. All The most recent consolidated and consolidating financial statements related to of the Borrower and any Subsidiary its Subsidiaries that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 4 contracts
Samples: Loan and Security Agreement (EverQuote, Inc.), Loan and Security Modification Agreement, Loan and Security Modification Agreement (EverQuote, Inc.)
No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 4 contracts
Samples: Loan and Security Agreement (Logicvision Inc), Loan and Security Agreement (Loudeye Technologies Inc), Loan Agreement (Logicvision Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank Lender fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankLender.
Appears in 4 contracts
Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Complete Genomics Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower Borrowers (taken as a whole) since the date of the most recent of such financial statements submitted to Bank.
Appears in 3 contracts
Samples: Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Jl Halsey Corp), Loan and Security Agreement (Lyris, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements of Borrower submitted to BankBank (the “Recent Financial Statements”).
Appears in 3 contracts
Samples: Loan and Security Agreement (Dermira, Inc.), Loan and Security Agreement (Dermira, Inc.), Loan and Security Agreement (Dermira, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to such Borrower and any Subsidiary that are delivered by such Borrower to Bank fairly present in all material respects such Borrower’s consolidated and consolidating financial condition as of the date thereof and such Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 3 contracts
Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating (if prepared) financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating (if prepared) financial condition as of the date thereof and Borrower’s consolidated and consolidating (if prepared) results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating (if any) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 3 contracts
Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to such Borrower and any Subsidiary of such Borrower that are delivered by such Borrower to Bank fairly present in all material respects such Borrower’s consolidated and consolidating financial condition as of the date thereof and such Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of such Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 3 contracts
Samples: Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary its Subsidiaries that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank, other than as set forth in the Schedule.
Appears in 3 contracts
Samples: Loan and Security Agreement (MSC Software Corp), Loan and Security Agreement (Pharmchem Inc), Loan and Security Agreement (Pharmchem Laboratories Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary its Subsidiaries that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating 's financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower and its Subsidiaries since the date of the most recent of such financial statements submitted by Borrower to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower Borrowers and any Subsidiary that are have been delivered by Borrower Borrowers to Bank Lenders fairly present in all material respects Borrower’s Borrowers’ consolidated and consolidating financial condition as of the date thereof and Borrower’s Borrowers’ consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to BankLenders.
Appears in 2 contracts
Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating (if applicable) financial statements related to Borrower and any Subsidiary its Subsidiaries that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating (if applicable) financial condition as of the date thereof and Borrower’s consolidated and consolidating (if applicable) results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.,
Appears in 2 contracts
Samples: Loan and Security Agreement (Cirius Therapeutics, Inc.), Loan and Security Agreement (Cirius Therapeutics, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank Agent or any Lender fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankServicing Agent or any Lender on or about the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Integrated Packaging Assembly Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank has received fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan Agreement (Safeguard Scientifics Inc Et Al), Loan and Security Agreement (Safeguard Scientifics Inc Et Al)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to of Borrower and any Subsidiary its Subsidiaries that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank Lender fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankLender on or about the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Intervisual Books Inc /Ca), Loan and Security Agreement (Zindart LTD)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Parent and Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Parent’s and Borrower’s consolidated and consolidating financial condition as of the date thereof and Parent’s and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Parent and Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Oxford Immunotec Global PLC), Loan and Security Agreement (Oxford Immunotec Global PLC)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower Borrowers and any Subsidiary that are have been delivered by Borrower Borrowers to Bank fairly present in all material respects Borrower’s Borrowers' consolidated and consolidating financial condition as of the date thereof and Borrower’s Borrowers' consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Simione Central Holdings Inc), Loan and Security Agreement (Spectranetics Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof of such financial statements and Borrower’s consolidated and consolidating results of operations for the period then endedended subject to the absence of footnotes and to normal year-end audit adjustments. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Werewolf Therapeutics, Inc.), Loan and Security Agreement (Dyne Therapeutics, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are Borrower has delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vans Inc), Loan and Security Agreement (Vans Inc)
No Material Adverse Change in Financial Statements. All consolidating and consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidating and consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidating and consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated consolidating or in the consolidating consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Masergy Communications Inc)
No Material Adverse Change in Financial Statements. All consolidated and and, if available, consolidating financial statements related to of Borrower and any Subsidiary its Subsidiaries that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and and, if available, consolidating financial condition as of the date thereof and Borrower’s consolidated and and, if available, consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower and its Subsidiaries since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to any Borrower and any Subsidiary that are delivered by such Borrower to Bank fairly present in all material respects such Borrower’s 's consolidated and consolidating financial condition as of the date thereof and such Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of any Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements other than projections related to Borrower Borrowers and any Subsidiary that are delivered by Borrower Borrowers to Bank Agent fairly present in all material respects Borrower’s Borrowers’ consolidated and consolidating financial condition as of the date thereof and Borrower’s Borrowers’ consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to BankAgent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Aviza Technology, Inc.), Loan and Security Agreement (Nextg Networks Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank Bank, fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Hie Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Lender has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankLender.
Appears in 2 contracts
Samples: Loan and Security Agreement (Focus Enhancements Inc), Loan and Security Agreement (Mercadolibre Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended, except for year-end adjustments made in the ordinary course of business. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Aratana Therapeutics, Inc.), Loan and Security Agreement (Aratana Therapeutics, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower the Borrowers and any Subsidiary their Subsidiaries that are delivered by Borrower to Bank has received from the Borrowers fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower the Borrowers and the Subsidiaries (taken as a whole) since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since Since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date, there has been no development or event which has had or could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Faxsav Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and or any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's or such Subsidiary's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's or such Subsidiary's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower or Subsidiary since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ilx Lightwave Corp), Loan and Security Agreement (Ilx Lightwave Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Anda Networks Inc), Loan and Security Agreement (Focus Enhancements Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating The financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated (and consolidating, if consolidated and consolidating financial statements are required to be delivered by Borrower to Bank pursuant to Section 6.2) financial condition as of the date thereof and Borrower’s consolidated (and consolidating consolidating, if applicable) results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating (and consolidating, if applicable) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Adicet Bio, Inc.), Loan and Security Agreement (resTORbio, Inc.)
No Material Adverse Change in Financial Statements. All consolidated (and consolidating consolidating, if requested by Bank) financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank under Section 6.3 fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated (and consolidating consolidating, if requested by Bank) results of operations for the period then ended. There has not been a material adverse change in the consolidated (or in the consolidating consolidating, if applicable) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to a Borrower and any Subsidiary that are delivered by such Borrower to Bank fairly present in all material respects such Borrower’s consolidated and consolidating financial condition as of the date thereof and such Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of any Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating -------------------------------------------------- financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Corsair Communications Inc), Loan and Security Agreement (Inktomi Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank has received fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank (or available to Bank on the SEC’s website).
Appears in 2 contracts
Samples: Loan and Security Agreement (Santarus Inc), Loan and Security Agreement (Santarus Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and its Subsidiaries (and, as applicable on and after the Amendment Date, any Subsidiary Parent Guarantor) that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and BorrowerBxxxxxxx’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max International Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to a Borrower and any Subsidiary that are delivered by such Borrower to Bank Agent and the Lenders fairly present in all material respects such Borrower’s consolidated and consolidating financial condition as of the date thereof and such Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of any Borrower since the date of the most recent of such financial statements submitted to BankAgent and the Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.. 5.9
Appears in 2 contracts
Samples: Loan and Security Agreement (Consilium Inc), Loan and Security, Agreement (Jetfax Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to the Borrower and any Subsidiary of the Borrower that are delivered by the Borrower to Bank Lender fairly present in all material respects the Borrower’s consolidated and consolidating financial condition as of the date thereof and the Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of the Borrower since the date of the most recent of such financial statements submitted to BankLender.
Appears in 2 contracts
Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)
No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (Matrixone Inc), Loan and Security Agreement (Manhattan Associates Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to a Borrower and any Subsidiary that are delivered by Borrower to Bank has received from Borrowers fairly present in all material respects such Borrower’s consolidated and consolidating financial condition as of the date thereof and such Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and BorrowerXxxxxxxx’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to such Borrower and any Subsidiary that are delivered by Bank has received from such Borrower to Bank fairly present in all material respects such Borrower’s consolidated and consolidating financial condition as of the date thereof and such Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of such Borrower since the date of the most recent of such financial statements submitted to BankDecember 31, 2016.
Appears in 1 contract
Samples: Loan and Security Agreement (Northern Star Acquisition Corp.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank in connection with the request for credit granted by this Agreement fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Asyst Technologies Inc /Ca/)
No Material Adverse Change in Financial Statements. All consolidated and consolidating consolidating, as applicable, financial statements related to Borrower and any Subsidiary that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating consolidating, as applicable, results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary its Subsidiaries that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower and its Subsidiaries since the date of the most recent of such financial statements submitted by Borrower to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to of the Borrower and any Subsidiary its Subsidiaries that are delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated (and consolidating consolidating, if any) financial statements related to Borrower Borrowers and any Subsidiary that are delivered by Borrower Borrowers to Bank fairly present in all material respects Borrower’s Borrowers’ consolidated (and consolidating consolidating, if any) financial condition as of the date thereof and Borrower’s Borrowers’ consolidated (and consolidating consolidating, if any) results of operations for the period then ended. There has not been a material adverse change in the consolidated (or in the consolidating consolidating, if any) financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All Except as set forth on the Schedule, all consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Reliant Technologies Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating 's financial condition as of the date thereof and Borrower’s consolidated and consolidating 's results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Aspect Medical Systems Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank Lender fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and BorrowerXxxxxxxx’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankLender.
Appears in 1 contract
Samples: Master Security Agreement
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since Since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date, there has been no development or event which has had or could have a Material Adverse Effect.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank (or available to Bank on the SEC’s website) that has or could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated and consolidating financial statements related to Borrower and or any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's or such Subsidiary's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's or such Subsidiary's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower or Subsidiary since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankBank on or about the Closing Date or, if later, pursuant to Section 6.3.
Appears in 1 contract
Samples: Loan and Security Agreement (Juno Online Services Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank Lender fairly present in all material respects Borrower’s consolidated and consolidating 's financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the and consolidating financial condition of Borrower since April 2, 2004, the date of the most recent of such financial statements submitted to BankLender.
Appears in 1 contract
Samples: Loan and Security Agreement (Superconductor Technologies Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank. Borrower has no material contingent obligations except as disclosed in such financial statements.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating Consolidated financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.. 5.10
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to a Borrower and any Subsidiary that are delivered by Bank has received from a Borrower to Bank fairly present in all material respects such Borrower’s consolidated and consolidating financial condition as of the date thereof and such Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of such Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated combined and consolidating combining financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated combined and consolidating combining financial condition as of the date thereof and Borrower’s consolidated combined and consolidating combining results of operations for the period then ended. There has not been a material adverse change in the consolidated combined or in the consolidating combining financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary (other than Ell-IOT, Inc.) that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Indie Semiconductor, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary its Subsidiaries that are delivered by Borrower to Bank the Lenders or otherwise submitted to Agent or the Lenders fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and BorrowerXxxxxxxx’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.consolidating
Appears in 1 contract
Samples: Execution Version Loan and Security Agreement (DraftKings Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary its Subsidiaries that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Thayer Ventures Acquisition Corp)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Lender has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating 's financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There Other than as previously disclosed to Lender, there has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankLender.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Lc Capital Master Fund LTD)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank AAI fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and BorrowerBxxxxxxx’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankAAI.
Appears in 1 contract
Samples: Loan and Security Agreement (Imperalis Holding Corp.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank in connection with the request for credit granted by this Agreement fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then endedpresented. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Asyst Technologies Inc /Ca/)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Bank has received from Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then endedthereof. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank has received fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period period(s) then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Safeguard Scientifics Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period or periods then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Akesis Pharmaceuticals, Inc.)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the and consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.
Appears in 1 contract
Samples: Loan and Security Agreement (Integrated Sensor Solutions Inc)
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition as of the date thereof and Borrower’s 's consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.not
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are have been delivered by Borrower to Bank Lender fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to BankLender on or about the Closing Date.
Appears in 1 contract
