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 as of the date of such financial statements, except that that interim financial statements may be subject to normal year-end audit adjustments (which will not be material in the aggregate) and need not contain footnote disclosures required by 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, Loan and Security Agreement (Zhone Technologies Inc), Loan and Security Agreement (Zhone Technologies Inc)
No Material Deviation in Financial Statements. All The 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 as of the date dates, and for the periods, indicated therein, subject in the case of such financial statements, except that that interim the unaudited financial statements may be subject to normal year-end audit adjustments (which will not and matters that would be material disclosed in footnotes thereto. As of the aggregate) and need not contain footnote disclosures required by GAAP. There Effective Date, 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 (Luca Technologies Inc), Loan and Security Agreement (Luca Technologies 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 as of the date of such financial statementsoperations, except that that interim financial statements may be subject to normal year-end audit adjustments (which will are not expected to be material in the aggregate) and need not contain footnote disclosures required by 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 2 contracts
Samples: Loan and Security Agreement (Acclarent Inc), Loan and Security Agreement (Acclarent 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 operations, in each case as of the date respective dates thereof, all in accordance with GAAP, subject, in the case of such interim financial statements, except that that interim financial statements may be subject to the absence of footnotes and normal year-end audit adjustments (which will not be material in the aggregate) and need not contain footnote disclosures required by GAAPadjustments. 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.
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