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 105 contracts
Samples: Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Corillian Corp), 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 81 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 60 contracts
Samples: Annual Report, Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Vista Medical 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 '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 44 contracts
Samples: Loan and Security Agreement (Versatility Inc), Loan and Security Agreement (Photon Dynamics Inc), Loan and Security Agreement (Visioneer 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 38 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Sigmatel Inc), Loan and Security Agreement (Zars Inc/Ut)
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 (Spy Optic Inc), Loan and Security Agreement (Seebeyond Technology Corp), 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 and Security Agreement (Epicedge 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 '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 and Security Agreement (Silicon Image 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: Loan and Security Agreement (Somnus Medical Technologies Inc), Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Crossworlds 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 '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 (Genoptix Inc), Loan Agreement (Qad Inc), Loan and Security Agreement (Vitalstream Holdings 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 (Audible Inc), Loan and Security Agreement (Copper Mountain Networks Inc), Loan and Security Agreement (Silicon Gaming 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 (Esperion Therapeutics Inc/Mi)
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 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 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 -------------------------------------------------- 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 Agreement (Aml Communications Inc), Loan and Security Agreement (Phase2media Inc), Loan and Security Agreement (Lantronix 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 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 consolidated financial statements submitted to Bank.
Appears in 5 contracts
Samples: Loan and Security Agreement (Witness Systems Inc), Loan and Security Agreement (Ultimate Software Group Inc), Loan and Security Agreement (Optium 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 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 Agreement (Digital Power 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 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 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 Agreement (Logicvision Inc), Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (Logicvision Inc)
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 Agreement, Loan and Security Agreement (EverQuote, 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 (Interwoven 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 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 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 Laboratories Inc), Loan and Security Agreement (Pharmchem 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 consolidated and consolidating financial condition and Borrower’s consolidated results of operations as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then endedsuch financial statements. There has not been a any material adverse change 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 3 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation)
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 consolidated financial statements submitted to Bank.
Appears in 3 contracts
Samples: Loan and Security Agreement (PortalPlayer, Inc.), Loan and Security Agreement (Sourcefire Inc), Loan and Security Agreement (Roxio Inc)
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 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 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 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 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 (Mercadolibre Inc), Loan and Security Agreement (Focus Enhancements 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 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 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 related to Borrower and any Subsidiary that are delivered by Borrower to Bank or otherwise submitted 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 2 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences 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 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 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 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 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 for Borrower, and any Subsidiary that are Subsidiary, delivered by Borrower to Bank fairly present in all material respects as of the dates of such financial statements, 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 2 contracts
Samples: Loan and Security Agreement (Optio Software Inc), Loan and Security Agreement (Optio Software 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 Borrower s consolidated and consolidating financial condition as of the date thereof and Borrower’s 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 2 contracts
Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
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 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 historical consolidated and consolidating financial statements related to Borrower for Borrower, and any Subsidiary that are Subsidiary, delivered by Borrower to Bank fairly present present, at the time the statements were created, in all material respects Borrower’s 's consolidated and consolidating financial condition and Borrower's consolidated results of operations as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then endedthereof. 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 2 contracts
Samples: Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Stereotaxis, 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 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 Agreement (Werewolf Therapeutics, Inc.), Loan 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 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 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 (Focus Enhancements Inc), Loan and Security Agreement (Anda Networks 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 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 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 of 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 2 contracts
Samples: Loan and Security Agreement (Novatel Wireless Inc), Loan and Security Agreement (Novatel Wireless 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: Subordination Agreement (Zindart LTD), Subordination Agreement (Intervisual Books Inc /Ca)
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 material adverse change any Material Adverse Change 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 2 contracts
Samples: Loan and Security Agreement (Infonow Corp /), Loan and Security Agreement (Health Grades 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 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 (Inktomi Corp), Loan and Security Agreement (Corsair Communications 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 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 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 and Security Agreement (Safeguard Scientifics Inc), Loan Agreement (Persistence Software 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 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 separate or 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 Borrowersuch entity’s separate and consolidated and consolidating financial condition as of the date thereof and Borrower’s separate and 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 2 contracts
Samples: Loan and Security Agreement (Broadvision Inc), Loan and Security Agreement (Intraware 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 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 consolidated financial statements submitted to Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings 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 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 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 2 contracts
Samples: Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Netlogic Microsystems 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 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 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 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 Subsidy 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 (Scientific Learning Corp)
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 and Borrower’s consolidated results of operations as of the date thereof indicated and Borrower’s consolidated and consolidating results of operations for the period then endedperiods stated. 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 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.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary Affiliate that are delivered by Borrower to Bank or otherwise submitted 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.
3) Section 5.13 of the Agreement is hereby amended and restated, as follows:
Appears in 1 contract
Samples: Loan and Security Agreement (Ekso Bionics Holdings, 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 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 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 BankLender.
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 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 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 consolidated and consolidating 's consolidate 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 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to any Borrower and any Subsidiary that are 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 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 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 of Borrower 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 1 contract
Samples: Loan and Security Agreement (Mobius Management Systems 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 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 Bank.
Appears in 1 contract
No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary Affiliate that are delivered by Borrower to Bank or otherwise submitted to Bank by or on behalf of Borrower 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 (Xilio Therapeutics, Inc.)
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.
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 for the periods specified therein 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 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 Agent or any 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 BankAgent.
Appears in 1 contract
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 '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 (Cas Medical Systems 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 accordance with GAAP, 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 material adverse change any 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 BankBank that could reasonably be expected to cause a Material Adverse Change (other than Cash Burn in the ordinary course of Borrower's business).
Appears in 1 contract
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 endedended in accordance with GAAP. 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 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 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 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
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 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: Convertible Loan and Security Agreement (Vuzix 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.. Solvency,
Appears in 1 contract
Samples: Loan and Security Agreement (Chordiant 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 Agent 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 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 BankAgent.
Appears in 1 contract
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 as of, and for the period then endedperiods ended on, the dates specified therein. 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 1 contract
Samples: Loan and Security Agreement (North American Scientific Inc)
