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

No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Affiliate that Bank has received from Borrower fairly present in all material respects Borrower’s financial condition as of the date thereof (and, as to unaudited financial statements, subject to year-end adjustments and the inclusion of footnotes and Xxxxxxxx’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or 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

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No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Affiliate that Bank has received from Borrower fairly present in all material respects Borrower’s financial condition as of the date thereof (and, as to unaudited financial statements, subject to year-end adjustments and the inclusion of footnotes and XxxxxxxxBorrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or 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

No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Affiliate the Consolidated Company that are delivered by Borrower to Bank has received from Borrower fairly present in all material respects Borrower’s and the Consolidated Company’s consolidated and consolidating financial condition as of the date thereof (and, as to unaudited financial statements, subject to year-end adjustments and Borrower’s and the inclusion of footnotes and XxxxxxxxConsolidated Company’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 the Consolidated Company since the date of the most recent of such financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Vistaprint LTD)

No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Affiliate Subsidiary that are delivered by Borrower to Bank has received from Borrower fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof (and, as to unaudited financial statements, subject to year-end adjustments and the inclusion of footnotes and XxxxxxxxBorrower’s consolidated and consolidating results of operations for the period then ended, subject in the cases of any unaudited financial statements to any 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 1 contract

Samples: Loan and Security Agreement (Opentable Inc)

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No Material Adverse Change in Financial Statements. All consolidated (and consolidating consolidating, if any) financial statements related to Borrower and any Affiliate Subsidiary that are delivered by Borrower to Bank has received from Borrower fairly present in all material respects Borrower’s consolidated and consolidating, if any, financial condition as of the date thereof (and, as to unaudited financial statements, subject to year-end adjustments and the inclusion of footnotes and XxxxxxxxBorrower’s consolidated and consolidating consolidating, if any, results of operations for the period then ended. There Except as disclosed in writing to Bank, 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 (Omega Therapeutics, Inc.)

No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Affiliate Subsidiary that Bank has received from Borrower fairly present in all material respects Borrower’s financial condition as of the date thereof (and, as to unaudited financial statements, subject to year-end adjustments and the inclusion of footnotes and XxxxxxxxBorrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or the [***] = Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Securities and Exchange Commission. 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 (Miva, Inc.)

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