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

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any 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 for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing Date.

Appears in 2 contracts

Samples: Loan and Security Agreement (Manhattan Associates Inc), Loan and Security Agreement (Matrixone Inc)

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No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower Borrowers and any Subsidiary that have been delivered by Borrower Borrowers to the 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 operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to the Bank on or about the Closing Date.

Appears in 1 contract

Samples: Loan Agreement (Moldflow Corp)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any 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 for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Electronic Designs Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Ardent Software Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (SQL Financials International Inc /De)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any Subsidiary that have been 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 operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank, 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 related to Borrower and any Subsidiary that 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 and consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Sensor Solutions Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any Subsidiary that have been 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 operations for the period then endedended (subject, in the case of unaudited financial statements, to normal year-end and quarter-end adjustments and the absence of footnotes). There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank.

Appears in 1 contract

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

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any Subsidiary of Borrower that have been delivered by Borrower to Bank Servicing Agent or any Lender fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank Lenders or Servicing Agent on or about the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Vtel Corp)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any Subsidiary that 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 operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateLenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any 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 for the period then them ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Speechworks International Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any 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 for the period then ended. There Except as set forth in the Schedule relative to certain recent acquisitions made by Borrower, there has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Stericycle Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated and consolidating financial statements related to Borrower and any Subsidiary that have been 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 operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Aspect Medical Systems Inc)

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No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower for Borrower, and any Subsidiary that have been Subsidiary, 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 operations, subject to normal year end audit adjustments for the period then endedinterim financial statements. There has not been a any material adverse change deterioration in the Borrower's consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Vascular Solutions Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to each Borrower and any Subsidiary that have been delivered by each Borrower 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 operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of any Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Isky Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower (and any Subsidiary Subsidiary, if any) 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 for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Orapharma Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower Borrowers and any Subsidiary Subsidiaries that have been are delivered by Borrower 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 operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower Borrowers since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Maxwell Technologies Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any 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 for the period therein specified, and Borrower's consolidated results of operations for the period then ended. There has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Silknet Software Inc)

No Material Adverse Change in Financial Statements. All -------------------------------------------------- consolidated financial statements related to Borrower and any Subsidiary that have been delivered by Borrower to Bank Servicing Agent and Banks fairly present in all material respects Borrower's consolidated financial condition as of the date thereof and Borrower's consolidated results of operations for the period then ended. There Except as disclosed to the Servicing Agent or the Borrower's public filings and announcements, there has not been a material adverse change in the consolidated financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank on or about the Closing DateBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartport Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Snowball Com Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Raptor Networks Technology Inc)

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