Common use of No Material Deterioration in Financial Condition; Financial Statements Clause in Contracts

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAP, in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes). There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted

Appears in 3 contracts

Samples: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Castle Biosciences Inc)

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No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAP, in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries as of the dates and for the periods presented (except with respect to subject, in the case of unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes). There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 3 contracts

Samples: Loan and Security Agreement (Otonomy, Inc.), Loan and Security Agreement (Miramar Labs, Inc.), Loan and Security Agreement (Miramar Labs, Inc.)

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAP, in all material respects respects, the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes)) as of the dates and for the periods presented. There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 2 contracts

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

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAPGAAP (subject to year-end adjustments and the absence of footnotes with respect to interim financial statements), in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes)Subsidiaries. There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 2 contracts

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

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAPGAAP (except, with respect to unaudited financials, for the absence of footnotes), in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes)Subsidiaries. There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 2 contracts

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

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAP, subject to normal year-end adjustments and footnotes in the case of financial statements delivered pursuant to Section 6.2(a)(i), in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes)Subsidiaries. There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 2 contracts

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

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAPGAAP (except, with respect to unaudited financials, for the absence of footnotes and subject to normal year-end adjustments), in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statements, subject to normal year-end adjustments as of the dates and for the absence of footnotes)periods presented. There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 1 contract

Samples: Loan and Security Agreement (Tocagen Inc)

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No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAPGAAP (subject in the case of unaudited financial statements, to the absence of footnotes and normal year-end audit adjustments), in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statements, subject to normal year-end adjustments and for the absence of footnotes)Subsidiaries. There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 1 contract

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAP, in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (as of the date thereof, except with respect to that unaudited financial statements, statements may be subject to normal year-end adjustments and need not contain adjustments for the absence of stock compensation or footnotes). There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information OmittedLender by Borrower.

Appears in 1 contract

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

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, Subsidiaries delivered to Collateral Agent or any Lender fairly present, in conformity with GAAPGAAP (subject to year-end audit adjustments and the absence of footnotes in the case of unaudited financial statements), in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited as of the respective dates of such financial statements, subject to normal year-end adjustments statements and for the absence of footnotes)respective periods covered by such financial statements. There has not been any no material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of from the most recent financial statements and projections submitted to Agent or any Lender. [***]=Certain Confidential Information Omitted.

Appears in 1 contract

Samples: Credit and Security Agreement (Recursion Pharmaceuticals, Inc.)

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for Borrower and its Subsidiaries, delivered to Collateral Agent the Lender fairly present, in conformity with GAAP, in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (except with respect to unaudited financial statementsSubsidiaries, subject only to normal year-end adjustments and for the absence of footnotes). There has not been any material deterioration in the consolidated financial condition of Borrower and its Subsidiaries since the date of the most recent financial statements submitted to any Lender. [***]=Certain Confidential Information Omitted.

Appears in 1 contract

Samples: Subordination Agreement (Pulmonx Corp)

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