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 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, 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 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 endedended (subject, subject in the cases case of any unaudited financial statements statements, to any normal year-end audit adjustmentsand quarter-end adjustments and the absence of footnotes). 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 (CareDx, 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 Servicing Agent and Banks 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. Except as disclosed to the Servicing Agent or the Borrower's public filings and announcements, subject in the cases of any unaudited financial statements to any year-end audit adjustments. There 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 (Heartport 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, 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 [***] = 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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No Material Adverse Change in Financial Statements. All consolidated and consolidating financial statements related to Borrower and any Subsidiary the Consolidated Company that are delivered by Borrower to Bank fairly present in all material respects Borrower’s and the Consolidated Company’s consolidated and consolidating financial condition as of the date thereof and Borrower’s and the Consolidated Company’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 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)

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