Common use of No Material Adverse Change in Financial Statements Clause in Contracts

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 5 contracts

Samples: Loan and Security Agreement (Witness Systems Inc), Loan and Security Agreement (Viewlocity Inc), Loan and Security Agreement (Odimo INC)

AutoNDA by SimpleDocs

No Material Adverse Change in Financial Statements. All consolidated -------------------------------------------------- financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 5 contracts

Samples: Loan and Security Agreement (Aml Communications Inc), Loan and Security Agreement (LTX Corp), Loan and Security Agreement (Lantronix Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration adverse change in Borrower's ’s consolidated financial condition since the date of the most recent consolidated 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 financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 3 contracts

Samples: Loan and Security Agreement (Roxio Inc), Loan and Security Agreement (Sourcefire Inc), Loan and Security Agreement (PortalPlayer, Inc.)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, related to Borrower and any Subsidiary, delivered to Subsidiary that Bank has received fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrower since the date of the most recent consolidated of such financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Persistence Software Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's Borrowers consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Egroups Inc), Loan and Security Agreement (Zefer Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for any Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's Company’s consolidated financial condition and Borrower's Company’s consolidated results of operations. There has not been any material deterioration in any Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects as of the dates of such financial statements, Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated 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 financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration Material Adverse Change in Borrower's consolidated financial condition since the date of the most recent consolidated 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 historical consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present present, at the time the statements were created, in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operationsoperations as of the date thereof. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated 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 separate or consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's such entity’s separate and consolidated financial condition and Borrower's separate and consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intraware Inc), Loan and Security Agreement (Broadvision Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrowers and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's Borrowers’ consolidated financial condition and Borrower's Borrowers’ consolidated results of operations. There has not been any material deterioration in Borrower's Borrowers’ consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 2 contracts

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

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, of Borrower and any Subsidiary, Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrower since the date of the most recent consolidated 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 financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration adverse change in Borrower's ’s consolidated financial condition since the date of the most recent consolidated 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 financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan Modification Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's Borrower s consolidated financial condition and Borrower's Borrower s consolidated results of operations. There has not been any material deterioration in Borrower's Borrower s consolidated financial condition since the date of the most recent consolidated 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 financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Endocardial Solutions Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's Borrowers consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Actuate Software Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, related to Borrower and any Subsidiary, Subsidiary which have been delivered by Borrower to Bank Lenders fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrower since the date of the most recent consolidated of such financial statements submitted to BankLenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankBank that would reasonably be expected to cause a Material Adverse Change.

Appears in 1 contract

Samples: Loan Agreement (Cypress Semiconductor Corp /De/)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There Bank has not been any material deterioration in received full and complete disclosure of Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Paradigm Genetics Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's Borrowers consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Imagex Com Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operationsoperations as of, and for the periods ended on, the dates specified therein. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (North American Scientific Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank Lender fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Planetout Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, its Subsidiaries delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Salmedix Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank. There has been no material adverse deviation from the business plan of Borrower which was presented to Bank prior to the date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Plumtree Software Inc)

No Material Adverse Change in Financial Statements. All separate or consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrowersuch entity's separate and consolidated financial condition and Borrower's separate and consolidated results of operations. There has not been any material deterioration Material Adverse Change in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Critical Path Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Click2learn Com Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition Material Adverse Change since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, related to Borrower that have been delivered by Borrower to Bank fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrower since the date of the most recent consolidated of such financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Electronic Designs Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankBank that would constitute a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Palmsource Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharsight Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operationsoperations as of the date of such statement. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankBank which could reasonably be expected to cause a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Deltagen Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, other than projections related to Borrower and any Subsidiary, Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrower since the date of the most recent consolidated of such financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Therma Wave Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, related to Borrower and any Subsidiary, Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower's ’s consolidated financial condition as of the date thereof and Borrower's ’s consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrower since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Disbursement Instructions (Vastera Inc)

No Material Adverse Change in Financial Statements. All The consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operationsoperations as of the respective dates of such financial statements. There has not been any material deterioration in Borrower's consolidated financial condition Material Adverse Change since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Atherogenics Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Callidus Software Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects accordance with GAAP, Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated 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

Samples: Loan and Security Agreement (Cancervax Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, if any, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Array Biopharma Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Applix Inc /Ma/)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, its Subsidiaries delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Jamdat Mobile Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, related to Borrower and any Subsidiary, Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrower since the date of the most recent consolidated of such financial statements submitted to Bank, other than as described in writing to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Nvidia Corp/Ca)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations, subject to normal year end audit adjustments for interim financial statements. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Vascular Solutions Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's Borrowers consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Clarent Corp/Ca)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present represent in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Novacept Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for BorrowerBorrowers, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's Borrowers' consolidated financial condition and Borrower's Borrowers' consolidated results of operations. There has not been any material deterioration in Borrower's Borrowers' consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Immunicon Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Ramtron International Corp)

AutoNDA by SimpleDocs

No Material Adverse Change in Financial Statements. All consolidated financial statements for each Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects such Borrower's consolidated financial condition and such Borrower's consolidated results of operations. There has not been any material deterioration in any Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Animas Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any SubsidiarySubsidiary of Borrower, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Commerce One Inc / De/)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank Lender fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Senorx Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, related to Borrowers and any Subsidiary, Subsidiaries that are delivered by Borrowers to Bank fairly present in all material respects Borrower's Borrowers' consolidated financial condition as of the date thereof and Borrower's Borrowers' consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrowers since the date of the most recent consolidated of such financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Maxwell Technologies Inc)

No Material Adverse Change in Financial Statements. All consolidated -------------------------------------------------- financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank Lenders fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankLenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Clarus Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date operations as of the most recent consolidated dxxx of such financial statements submitted to Bankstatements.

Appears in 1 contract

Samples: Loan and Security Agreement (Exe Technologies Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankBank that would reasonably be expected to cause a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Cypress Semiconductor Corp /De/)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated consolidate results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Preview Systems Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, related to Borrower and any Subsidiary, Subsidiary that have been delivered by Borrower to Bank fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.'s

Appears in 1 contract

Samples: Loan and Security Agreement (Laserscope)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.. 5.5

Appears in 1 contract

Samples: Loan and Security Agreement (Tanisys Technology Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.. 5.5

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiac Science Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operationsoperations for the period covered by such statements. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Drugstore Com Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition as of the date thereof, and Borrower's consolidated results of operationsoperations for periods ended. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Fusion Medical Technologies Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.. 6

Appears in 1 contract

Samples: Loan and Security Agreement (Orthologic Corp)

No Material Adverse Change in Financial Statements. All separate or consolidated financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrowersuch entity's separate and consolidated financial condition and Borrower's separate and consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Exelixis Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank. ** CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN PORTIONS OF THIS AGREEMENT AND THE CONFIDENTIAL PORTION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 1 contract

Samples: Loan and Security Agreement (California Micro Devices Corp)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank Lenders fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankLenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Onyx Software Corp/Wa)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, related to any Borrower and any Subsidiary, Subsidiary that are delivered by Borrowers to Bank fairly present in all material respects Borrower's Borrowers' consolidated financial condition as of the date thereof and Borrower's Borrowers' consolidated results of operationsoperations for the period then ended. There has not been any a material deterioration adverse change in Borrower's the consolidated financial condition of Borrowers since the date of the most recent consolidated of such financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Stratex Networks Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There To Borrower's knowledge, there has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankBank that could reasonably be expected to cause a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Isis Pharmaceuticals Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. , There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan Modification Agreement (Synaptics Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for any Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's Company’s consolidated financial condition and Borrower's Company’s consolidated results of operations. There has not been any material deterioration in any Borrower's consolidated ’s financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Visual Networks Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Bottomline Technologies Inc /De/)

No Material Adverse Change in Financial Statements. All consolidated --------------------------------------------------- financial statements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Bio Imaging Technologies Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements financialstatements for Borrower, Borrower and any Subsidiary, Subsidiary delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Speechworks International Inc)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operationsoperations as of the date indicated and for the periods stated. There has not been any material deterioration in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Omnicell Inc /Ca/)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, Borrower delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration adverse change in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Quicklogic Corporation)

No Material Adverse Change in Financial Statements. All consolidated financial statements for BorrowerBorrowers, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's Borrowers' consolidated financial condition and Borrower's Borrowers' consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration in Borrower's Borrowers' consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Ramtron International Corp)

No Material Adverse Change in Financial Statements. All The consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank Lender fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration Material Adverse Change in Borrower's consolidated financial condition since the date of the most recent consolidated financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Networth Technologies, Inc.)

No Material Adverse Change in Financial Statements. All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects (as of the date of such financial statements) Borrower's ’s consolidated financial condition and Borrower's ’s consolidated results of operations. There has not been any material deterioration Material Adverse Change in Borrower's ’s consolidated financial condition since the date of the most recent consolidated financial statements submitted to Bank.

Appears in 1 contract

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

Time is Money Join Law Insider Premium to draft better contracts faster.