Common use of No Material Deviation in Financial Statements Clause in Contracts

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 90 contracts

Samples: Loan and Security Agreement (Threshold Pharmaceuticals Inc), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.), Loan and Security Agreement (aTYR PHARMA INC)

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No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 27 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (GigOptix, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 24 contracts

Samples: Loan and Security Agreement (Genzyme Transgenics Corp), Loan and Security Agreement (GlobalOptions Group, Inc.), Loan and Security Agreement (Onesource Information Services Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 15 contracts

Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Chyron Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lenders fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankLenders.

Appears in 9 contracts

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.), Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations, it being understood that projections and forecasts are not to be viewed as facts and actual results may vary. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 3 contracts

Samples: Loan and Security Agreement (Entropic Communications Inc), Loan and Security Agreement (Entropic Communications Inc), Loan and Security Agreement (Entropic Communications Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Agent fairly present present, in conformity with GAAP, in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankAgent.

Appears in 3 contracts

Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Cryocor Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 3 contracts

Samples: Loan and Security Agreement (Banks.com, Inc.), Loan and Security Agreement (Procera Networks Inc), Loan and Security Agreement (Xplore Technologies Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations in accordance with GAAP. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 3 contracts

Samples: Loan and Security Agreement (Technest Holdings Inc), Loan and Security Agreement (MEDecision, Inc.), Loan and Security Agreement (World Energy Solutions, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Collateral Agent and each Lender fairly present in all material respects Borrower’s and each Subsidiaries’ consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the dates and for the periods stated therein. There has not been any material deterioration in Borrower’s and its Subsidiaries’ consolidated financial condition since the date of the most recent financial statements submitted to Bankany Lender.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Omeros Corp), Loan and Security Agreement (Omeros Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present in all material respects the Borrower’s and such Subsidiaries’ consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in the Borrower’s and its Subsidiaries’ consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Titan Pharmaceuticals Inc), Loan and Security Agreement (Titan Pharmaceuticals Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present present, in conformity with GAAP, in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 2 contracts

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

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects (subject to normal fiscal year-end adjustments) Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Forescout Technologies, Inc), Loan and Security Agreement (Forescout Technologies, Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Agent fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankAgent.

Appears in 2 contracts

Samples: Loan and Security Agreement (DemandTec, Inc.), Loan and Security Agreement (GAIN Capital Holdings, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operationsoperations at the dates and for the periods indicated. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Critical Therapeutics Inc), Loan and Security Agreement (Critical Therapeutics Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (ChemoCentryx, Inc.), Loan and Security Agreement (ARCA Biopharma, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition and Borrower’s consolidated and consolidating results of operations. There has not been any material deterioration in Borrower’s consolidated and consolidating financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (Radisys Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (Energy Recovery, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present present, in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Complete Genomics Inc)

No Material Deviation in Financial Statements. All consolidated The financial statements for the Borrower and any of its their Subsidiaries delivered to Bank fairly present in all material respects Borrower’s the consolidated financial condition and Borrower’s consolidated results of operationsoperations of the Borrowers taken as a whole. There has not been any material deterioration in Borrower’s the consolidated financial condition of the Borrowers taken as a whole since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

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

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the date or period presented. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Ocz Technology Group Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank Lender fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations in accordance with the internal reporting and accounting methodology consistently applied by Borrower. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Accelerize Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present present, as of the date thereof, in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Adept Technology Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankBank that could reasonably be determined to result in a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Cavium Networks)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank the Lenders (or to any Lender for the benefit of the Lenders) fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the dates specified in the financial statements. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bankprovided by the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (EnteroMedics Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankDecember 31, 2007.

Appears in 1 contract

Samples: Loan and Security Agreement (Medidata Solutions, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present in all material respects Borrower’s and each Subsidiaries’ consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the dates and for the periods stated therein. There has not been any material deterioration in Borrower’s and its Subsidiaries’ consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Omeros Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present in all material respects Borrower’s and each Subsidiaries’ consolidated financial condition and Borrower’s consolidated results of operationsoperations (subject to normal year-end adjustments and the absence of footnotes). There has not been any material deterioration in Borrower’s and its Subsidiaries’ consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (WaferGen Bio-Systems, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations for the period then ended. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Singular Genomics Systems, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations (subject to normal year-end adjustments and the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Betawave Corp.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank Lender fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Exa Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration adverse change in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Audience Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower Borrowers and any of its their Subsidiaries delivered to Bank fairly present in all material respects Borrower’s Borrowers’ consolidated financial condition and Borrower’s Borrowers’ consolidated results of operations. There has not been any material deterioration in Borrower’s Borrowers’ consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthaxis Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lenders fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankLenders. The use of proceeds of the Credit Extensions for the purposes permitted in Section 5.9 shall not be deemed to be a material deterioration in Borrower’s consolidated financial condition.

Appears in 1 contract

Samples: Loan and Security Agreement (Hyperion Therapeutics Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There To the best of Borrower’s knowledge, there has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Websidestory Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations, in accordance with GAAP. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Senetek PLC /Eng/)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations (subject to normal year-end adjustments). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Dataworks Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since Since the date of the most recent consolidated financial statements submitted of Borrower as provided to Bank, there has been no change in the financial condition or results of operations sufficient to impair Borrower’s ability to satisfy the Obligations and all material contingent obligations have been disclosed to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Openwave Systems Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Guarantor delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Epresence Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s in accordance with GAAP the consolidated financial condition and Borrower’s consolidated results of operationsoperations of Borrower and its Subsidiaries. There has not been any material deterioration (not forecast or projected in the most recent business plan of Borrower dated February 17, 2006 presented to and accepted by Bank) in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Datawatch Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower Borrowers and any of its their Subsidiaries delivered to Bank fairly present in all material respects Borrower’s Borrowers’ consolidated financial condition and Borrower’s Borrowers’ consolidated results of operations. There has not been any material deterioration in either Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Relm Wireless Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank by submission to the Financial Statement Repository or otherwise submitted to Bank fairly present in all material respects Borrower’s consolidated financial condition and BorrowerXxxxxxxx’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to the Financial Statement Repository or otherwise submitted to Bank.

Appears in 1 contract

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

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Open Solutions Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Socket Mobile, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present present, in conformity with GAAP, in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s 's consolidated and consolidating financial condition and Borrower’s 's consolidated and consolidating results of operations. There has not been any material deterioration in Borrower’s 's consolidated and consolidating financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Radisys Corp)

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No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the dates and for the periods presented. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

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

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations (subject to normal year-end adjustments and the absence of footnotes). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Betawave Corp.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects (subject to normal year-end adjustments) Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

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

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower Borrowers and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s Borrowers’ consolidated financial condition conditions and Borrower’s Borrowers’ consolidated results of operations. There has not been any material deterioration in any Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (MRV Communications Inc)

No Material Deviation in Financial Statements. All consolidated --------------------------------------------- financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Switchboard Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present present, in accordance with GAAP, in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Axs One Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. ; provided, however that only financial statements dated as of the end of Borrower’s fiscal year shall contain Borrower’s standard year end adjustment and reclassifications: There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Aprimo, INC)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Domestic Subsidiary delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan Agreement (Applix Inc /Ma/)

No Material Deviation in Financial Statements. All consolidated financial statements for each Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects such Borrower’s consolidated financial condition and such Borrower’s consolidated results of operations. There has not been any material deterioration in any Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

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

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the date of such financial statements. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank. Bank acknowledges that Borrower’s revenue recognition policies are under review by Borrower’s accountants.

Appears in 1 contract

Samples: Loan and Security Agreement (Danger Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the date of such financial statements (subject to the absence of footnotes and year-end audit adjustments in the case of interim financial statements). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Motive Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operationsoperations as of the date of such statements. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted of Borrower delivered by Borrower to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Momenta Pharmaceuticals Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Agent fairly present present, in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operations. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to BankAgent.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthcare Acquisition Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Microfluidics International Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower Borrower, and any of its Subsidiaries Subsidiary, delivered to Bank Agent fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to BankAgent.

Appears in 1 contract

Samples: Loan and Security Agreement (Infinera Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations in accordance with GAAP. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Technest Holdings Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank Lender fairly present in all material respects Borrower’s the Credit Parties’ consolidated financial condition and Borrower’s consolidated results of operationsoperations for the time period covered by such financial statements. There has not been any material deterioration in Borrower’s the Credit Parties’ consolidated financial condition since the date of the most recent financial statements submitted to BankLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the date hereof. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Evergreen Solar Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operationsoperations (for the period presented, subject to year-end adjustments). There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Equallogic Inc)

No Material Deviation in Financial Statements. All consolidated consolidating financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s and its Subsidiaries’ consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (3PAR Inc.)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations (it being recognized and agreed that, as to such financial statements which are unaudited, certain adjustments may in the future be necessary to bring the financials into conformity with generally acceptable accounting principles). There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Meru Networks Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the dates of such financial statements. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (OncoCyte Corp)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operationsoperations as of the dates and for the periods presented. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Active Power Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for each Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects each Borrower’s consolidated financial condition and each Borrower’s consolidated results of operations. There has not been any material deterioration in any Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Luna Innovations Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operationsoperations for the period for which the same have been furnished. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted of Borrower delivered by Borrower to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Momenta Pharmaceuticals Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries Subsidiary delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operationsoperations for the periods indicated. Such monthly financial statements shall not include notes. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonus Networks Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s 's consolidated financial condition and Borrower’s 's consolidated results of operationsoperations as of the dates thereof. There has not been any material deterioration in Borrower’s 's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Commvault Systems Inc)

No Material Deviation in Financial Statements. All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There Except as may be disclosed in the financial reports delivered by Borrower to Bank pursuant to Section 6.2 hereof, there has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan Agreement (Trubion Pharmaceuticals, Inc)

No Material Deviation in Financial Statements. All consolidated and consolidating financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Ibasis Inc)

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