Common use of Year-End Financial Statements Clause in Contracts

Year-End Financial Statements. As soon as available but no later than one hundred (100) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 4 contracts

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

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Year-End Financial Statements. As soon as available but no later than one hundred ninety (10090) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and reasonably satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 4 contracts

Samples: Loan Agreement (Exodus Communications Inc), Loan Agreement (Releasenow Com Corp), Loan Agreement (Calico Commerce Inc/)

Year-End Financial Statements. As soon as available but no later than one hundred eighty (100180) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise.

Appears in 3 contracts

Samples: Loan and Security Agreement (Arrowroot Acquisition Corp.), Loan and Security Agreement (Arrowroot Acquisition Corp.), Loan and Security Agreement (Arrowroot Acquisition Corp.)

Year-End Financial Statements. As soon as available but no later than one hundred twenty (100120) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 3 contracts

Samples: Loan and Security Agreement (Comps Com Inc), Loan and Security Agreement (Ramp Networks Inc), Loan Agreement (Comps Com Inc)

Year-End Financial Statements. As soon as available but no later than one hundred eighty (100180) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise.

Appears in 3 contracts

Samples: Loan and Security Agreement (EnteroMedics Inc), Loan and Security Agreement (EnteroMedics Inc), Loan and Security Agreement (Senorx Inc)

Year-End Financial Statements. As soon as available but no later than one hundred fifty (100150) days after and as of the end of each financial reporting fiscal year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise’s records.

Appears in 2 contracts

Samples: Loan and Security Agreement (Impel Neuropharma Inc), Loan and Security Agreement (Impel Neuropharma Inc)

Year-End Financial Statements. As soon as available but no later than one hundred twenty (100120) days after and as of the end of each financial reporting fiscal year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The With the exception of a qualification as to going concerns, the Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise’s records.

Appears in 2 contracts

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

Year-End Financial Statements. As soon as available but no later than one hundred ninety (10090) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 2 contracts

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

Year-End Financial Statements. As soon as available but no later than one hundred (100) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and reasonably satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 2 contracts

Samples: Loan Agreement (Adforce Inc), Loan Agreement (Adforce Inc)

Year-End Financial Statements. As soon as available but no later than one hundred twenty (100120) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (Volcano CORP), Loan and Security Agreement (Volcano CORP)

Year-End Financial Statements. As soon as available but no later than one hundred twenty (100120) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and reasonably satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 2 contracts

Samples: Loan Agreement (Wink Communications Inc), Loan Agreement (Wink Communications Inc)

Year-End Financial Statements. As soon as available but no later than one hundred ninety (10090) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender Lenders (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwiseBxxxxxxx’s records.

Appears in 1 contract

Samples: Loan and Security Agreement (Abeona Therapeutics Inc.)

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Year-End Financial Statements. As soon as available but no later than one hundred eighty (100180) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise.

Appears in 1 contract

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

Year-End Financial Statements. As soon as available but no later than one hundred fifty (100150) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanosphere Inc)

Year-End Financial Statements. As soon as available but no later than one hundred eighty (100180) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise, provided that such certification may contain a “going concern” qualification.

Appears in 1 contract

Samples: Loan and Security Agreement (Meru Networks Inc)

Year-End Financial Statements. As soon as available but no later than one hundred twenty (100120) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and reasonably satisfactory to Lender (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Cancervax Corp)

Year-End Financial Statements. As soon as available but no later than one hundred fifty (100150) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in-accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanosphere Inc)

Year-End Financial Statements. As soon as available but no later than one hundred ninety (10090) days after and as of the end of each financial reporting year, a complete copy of Borrower's audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender the Majority Lenders (the "Accountant"). The Accountant's certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's records or otherwise.

Appears in 1 contract

Samples: Loan Agreement (Corvis Corp)

Year-End Financial Statements. As soon as available but no later than one hundred twenty (100120) days after and as of the end of each financial reporting year, a complete copy of Borrower's ’s audit report, which shall include balance sheet, income statement, statement of changes in equity and statement of cash flows for such year, prepared in accordance with GAAP and certified by an independent certified public accountant selected by Borrower and satisfactory to Lender (the "Accountant"). The Accountant's ’s certification shall not be qualified or limited due to a restricted or limited examination by the Accountant of any material portion of Borrower's ’s records or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Neutral Tandem Inc)

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