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

No Material Adverse Change in Financial Statements. All consolidated and 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 (if applicable) financial condition as of the date thereof and Borrower’s consolidated and consolidating (if applicable) results of operations for the period then ended (subject, in the case of unaudited financials to the absence of footnotes and year-end audit adjustments). There has not been a material adverse change in the consolidated or in the consolidating (if applicable) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank by Borrower.

Appears in 2 contracts

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

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No Material Adverse Change in Financial Statements. All consolidated and consolidating (if applicable) financial statements related to Borrower and any Subsidiary its Subsidiaries that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating (if applicable) financial condition as of the date thereof and Borrower’s consolidated and consolidating (if applicable) results of operations for the period then ended (subject, in the case ended, 7. subject to restatement of unaudited financials Borrower’s 2016 financial statements relating to the absence of footnotes and year-end audit adjustments)noncash items. There has not been a material adverse change in the consolidated or in the consolidating (if applicable) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank by BorrowerBank.

Appears in 2 contracts

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

No Material Adverse Change in Financial Statements. All consolidated and to the extent prepared by Borrower, 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 to the extent prepared by Borrower, consolidating (if applicable) financial condition as of the date thereof and Borrower’s consolidated and to the extent prepared by Borrower, consolidating (if applicable) results of operations for the period then ended (subject, in the case of unaudited financials to the absence of footnotes and year-end audit adjustments)ended. There has not been a material adverse change in the consolidated or in and to the extent prepared by Borrower, consolidating (if applicable) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank by BorrowerBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Viveve Medical, 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 (subject, in the case of unaudited financials to the absence of footnotes and year-end audit adjustments). 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 by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Allena Pharmaceuticals, Inc.)

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No Material Adverse Change in Financial Statements. All consolidated and consolidating (if applicable) 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 (if applicable) consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating (if applicable) results of operations for the period periods then ended (subject, in the case of unaudited financials to the absence of footnotes and year-end audit adjustments)ended. There has not been a material adverse change in the consolidated or in the consolidating (if applicable) financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank by Borrowerwhich could reasonably be expected to have a Material Adverse Effect. There has not been a change in the consolidated or (if applicable) in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Traffic.com, Inc.)

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