Common use of Financial Condition Clause in Contracts

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 126 contracts

Samples: Credit Agreement (Tilly's, Inc.), Credit Agreement, Credit Agreement

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Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 45 contracts

Samples: Credit Agreement (Chegg, Inc), Credit Agreement (Key Tronic Corp), Credit Agreement (Power Integrations Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Third Party Obligor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Third Party Obligor, if any.

Appears in 15 contracts

Samples: Credit Agreement (Rocky Mountain Chocolate Factory, Inc.), Credit Agreement (Adtran Inc), Credit Agreement (Smith Micro Software, Inc.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor, if any.

Appears in 11 contracts

Samples: Credit Agreement (Tejon Ranch Co), Credit Agreement (Zumiez Inc), Credit Agreement (Rentrak Corp)

Financial Condition. There shall have been no material adverse change, ------------------- as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 9 contracts

Samples: Credit Agreement (Hall Kinion & Associates Inc), Credit Agreement (Lecg Inc), Credit Agreement (Hall Kinion & Associates Inc)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of Borrower, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 7 contracts

Samples: Credit Agreement (Employers Holdings, Inc.), Credit Agreement (Employers Holdings, Inc.), Credit Agreement (Rentrak Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 6 contracts

Samples: Credit Agreement (Sportsmans Guide Inc), Credit Agreement (Lexar Media Inc), Credit Agreement (Staar Surgical Company)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 6 contracts

Samples: Credit Agreement (Culp Inc), Credit Agreement (Culp Inc), Credit Agreement (Culp Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower and its Subsidiaries, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 6 contracts

Samples: Credit Agreement (Natus Medical Inc), Credit Agreement (Natus Medical Inc), Credit Agreement (Natus Medical Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Subsidiary, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any Subsidiary.

Appears in 5 contracts

Samples: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Data Processing Resources Corp), Credit Agreement (Smtek International Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Third Party Obligor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Party Obligor, if any.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Credit Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any other Loan Party hereunder, nor any material decline, as determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such other Loan Party.

Appears in 3 contracts

Samples: Credit Agreement (Symmetricom Inc), Credit Agreement (Datum Inc), Credit Agreement (Datum Inc)

Financial Condition. There shall have been no material adverse changeMaterial Adverse Change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Culp Inc), Credit Agreement (Culp Inc), Credit Agreement (Culp Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrowerany Loan Party hereunder, nor any material decline, as determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of Borrowerany Loan Party.

Appears in 2 contracts

Samples: Credit Agreement (Antero Midstream GP LP), Credit Agreement

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of BorrowerBorrower or any Obligor, nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any Obligor.

Appears in 2 contracts

Samples: Loan Agreement (Titan Motorcycle Co of America Inc), Loan Agreement (Stevens International Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bankeach Lender, in the financial condition or business of BorrowerBorrower and its Subsidiaries, nor any material decline, as determined by Bankeach Lender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower and its Subsidiaries.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Subordinated Credit Agreement (Vaalco Energy Inc /De/)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of Borrower, if any, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Werner Enterprises Inc), Credit Agreement (Werner Enterprises Inc)

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of Borrowerthe Loan Parties, nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrowerthe Loan Parties.

Appears in 2 contracts

Samples: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Nitrogen Partners, L.P.)

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of BorrowerBorrower and its Subsidiaries, nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower and its Subsidiaries.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Vaalco Energy Inc /De/), Subordinated Credit Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of BorrowerBorrower or any of its subsidiaries, nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any of its subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Vicon Industries Inc /Ny/), Credit Agreement (Vicon Industries Inc /Ny/)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or Guarantor, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or Guarantor.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Corsair Components, Inc.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any other WestCoast Entity, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such WestCoast Entity.

Appears in 2 contracts

Samples: Credit Agreement (Westcoast Hospitality Corp), Credit Agreement (Westcoast Hospitality Capital Trust)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor Borrower or any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerGuarantor.

Appears in 2 contracts

Samples: Credit Agreement (Ihop Corp), Credit Agreement (Ihop Corp)

Financial Condition. There shall have been no material adverse change, as determined by BankBank in the exercise of its reasonable discretion, in the financial condition or business of Borrower, nor any material decline, as determined by BankBank in the exercise of its reasonable discretion, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 2 contracts

Samples: Security Agreement (Lacrosse Footwear Inc), Credit Agreement (Lacrosse Footwear Inc)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of Borrower, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 2 contracts

Samples: Credit Agreement (America First Multifamily Investors, L.P.), Credit Agreement (America First Multifamily Investors, L.P.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the consolidated financial condition or business of BorrowerBorrower and the Subsidiaries, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any of its Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Natrol Inc), Credit Agreement (Natrol Inc)

Financial Condition. There shall have been no material adverse changeMaterial Adverse Change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Plantronics Inc /Ca/), Credit Agreement (Plantronics Inc /Ca/)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Sturm Ruger & Co Inc), Credit Agreement (Dionex Corp /De)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, any Affiliate, or any Third Party Obligor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower, any Affiliate, or any such Third Party Obligor, if any.

Appears in 2 contracts

Samples: Credit Agreement (Barrett Business Services Inc), Credit Agreement (Barrett Business Services Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Third Party Obligor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Third Party Obligor.

Appears in 2 contracts

Samples: Credit Agreement (Maxwell Technologies Inc), Credit Agreement (Conceptus Inc)

Financial Condition. There shall have been no material adverse change, as determined by BankBank in its reasonable discretion, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, taken as a whole, if any, nor any material decline, as determined by BankBank in its reasonable discretion, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor, if any.

Appears in 2 contracts

Samples: Credit Agreement (Marcus & Millichap, Inc.), Credit Agreement (Marcus & Millichap, Inc.)

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Allis Chalmers Corp), Warrant Purchase Agreement (Allis Chalmers Corp)

Financial Condition. There shall have been no material adverse change, as determined in good faith by Bank, in the financial condition or business of Borrower, nor any material decline, as determined in good faith by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Gadzooks Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, . nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Advanced Energy Industries Inc)

Financial Condition. There shall have been no material adverse change, as determined by BankBank in its reasonable discretion, in the financial condition or business of BorrowerBorrower or any Guarantor hereunder, if any, nor any material decline, as determined by Bank, Bank in its reasonable discretion in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Guarantor, if any.

Appears in 1 contract

Samples: Credit Agreement (Liquidity Services Inc)

Financial Condition. There shall have been no material adverse change, ------------------- as reasonably determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Shoe Pavilion Inc)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of Borrowerany Loan Party hereunder, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrowerany Loan Party.

Appears in 1 contract

Samples: Credit Agreement (Wilhelmina International, Inc.)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of BorrowerBorrower or any Guarantor hereunder, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Rosetta Stone Inc)

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of Borrower, nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Ipg Photonics Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower and its Material Subsidiaries (taken as a whole), nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower and its Material Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Surmodics Inc)

Financial Condition. There shall have been no material adverse change, as determined by BankAgent and Lenders, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by BankAgent and Lenders, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Power Integrations Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the consolidated financial condition or business operations of Borrowerthe Companies, taken as a whole, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrowerany Obligor.

Appears in 1 contract

Samples: Credit Agreement (Red Lion Hotels CORP)

Financial Condition. There shall have been no material adverse change, as determined by BankCPC, in the financial condition or business of Borrower, nor any material decline, as determined by BankCPC, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Datalink Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder the Collateral or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Energy West Inc)

Financial Condition. There shall have been no material adverse change, ------------------- as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Shoe Pavilion Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, ENB Delaware or Eagle Bank, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower, ENB Delaware or Eagle Bank.

Appears in 1 contract

Samples: Credit Agreement (Enb Bankshares Inc)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of BorrowerBorrower or Guarantor, if any, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or Guarantor, if any.

Appears in 1 contract

Samples: Credit Agreement (Rally Software Development Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.Borrower or any such guarantor. (d)

Appears in 1 contract

Samples: Description Credit Agreement (Auto Graphics Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (GoPro, Inc.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the consolidated financial condition or business operations of BorrowerBorrower and its Subsidiaries, taken as a whole, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any Subsidiary Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Red Lion Hotels CORP)

Financial Condition. There shall have been no material adverse change, ------------------- as reasonably determined by Bank, in the financial condition or business of BorrowerBorrower or any Guarantor, or of the Companies taken as a whole, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder Collateral or a substantial or material portion of the assets of Borrower, or of the Companies taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Tier Technologies Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Third Party Obligor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Third Party Obligor, if any.

Appears in 1 contract

Samples: Credit Agreement (Tilly's, Inc.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or or, material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Sterling Bancshares Inc)

Financial Condition. There shall have been no material adverse changechange having a Material Adverse Effect, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Subsidiary Guarantor, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Subsidiary Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Arden Group Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or Guarantor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Medalist Diversified REIT, Inc.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (RGC Resources Inc)

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of Borrower, Borrower nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Vicon Industries Inc /Ny/)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, DOCSOC/1656044v2/018854-0004 Exhibit 10.27 as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Endologix Inc /De/)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrowerany Borrower or any Subsidiary, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrowerany Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Summa Industries/)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower and the Guarantors, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any Guarantor.

Appears in 1 contract

Samples: Im Transaction Specific Credit Agreement (Englobal Corp)

Financial Condition. There shall have been no material adverse change, as determined in good faith by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined in good faith by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Gadzooks Inc)

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Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, any of the Affiliates or any Third Party Obligor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower, any of the Affiliates, or any such Third Party Obligor, if any.

Appears in 1 contract

Samples: Credit Agreement (Barrett Business Services Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any other Obligor, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any other Obligor.

Appears in 1 contract

Samples: Credit Agreement (Mocon Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any other Obligor, nor any material decline, as determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any other Obligor.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Wageworks, Inc.)

Financial Condition. There shall have been no material adverse ------------------- change, as determined by Bank, in the financial condition or business of BorrowerBorrowers, nor any material decline, as determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrowers.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or in a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Data Systems Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Guarantor, nor any material decline, as determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any Guarantor. Borrower shall be in compliance with the financial covenants set forth in Article IX of this Agreement.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Hall Kinion & Associates Inc)

Financial Condition. There shall have been no material adverse changeMaterial Adverse Change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Virco MFG Corporation)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, Borrower nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (SJW Corp)

Financial Condition. There shall have been no material adverse change, ------------------- as determined by Bank, in the financial condition or business of BorrowerBorrower and its Subsidiaries on a consolidated basis, nor any material decline, as determined by Bank, in the market value of any the collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Keystone Automotive Industries Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any other Red Lion Entity, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Red Lion Entity.

Appears in 1 contract

Samples: Credit Agreement (Red Lion Hotels CORP)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Cray Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (SJW Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Sunpower Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Dot Hill Systems Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of any Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of any Borrower.

Appears in 1 contract

Samples: Credit Agreement (Gen Probe Inc)

Financial Condition. There shall have been no material adverse change, ------------------- as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Southwest Water Co)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of either Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of either Borrower.

Appears in 1 contract

Samples: Credit Agreement (Dot Hill Systems Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder the Collateral or a substantial or material portion of the assets of BorrowerBorrower as compared to the financial condition and business of Borrower and market value of the Collateral and other assets of Borrower that existed as of December 31, 2003.

Appears in 1 contract

Samples: Credit Agreement (Corio Inc)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of Borrower, any other Loan Party, nor any material decline, as reasonably determined by Bank, in the market value of any collateral Collateral required hereunder or a substantial or material portion of the assets of Borrowerhereunder.

Appears in 1 contract

Samples: Credit Agreement (American Reprographics CO)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Ballantyne Strong, Inc.)

Financial Condition. There shall have been no material adverse change, ------------------- as determined by Bank, in the financial condition or business of Borrowerany Borrower or of Borrowers taken as a whole, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of any Borrower.

Appears in 1 contract

Samples: Credit Agreement (Seattle Filmworks Inc)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition of Borrower and its subsidiaries taken as a whole or business of any annual financial projections provided to Bank by Borrower, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower and its subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Cerprobe Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any guarantor hereunder, if any.

Appears in 1 contract

Samples: Credit Agreement (Barrett Business Services Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in its sole discretion, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Cerus Corp)

Financial Condition. (i) There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Lacrosse Footwear Inc)

Financial Condition. There shall have been no material adverse change, as reasonably determined by Bank, in the financial condition or business of Borrower, nor any material decline, as reasonably determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.. 

Appears in 1 contract

Samples: Credit Agreement (Flexsteel Industries Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrowers taken as a whole, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrowers taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Guitar Center Inc)

Financial Condition. There shall have been no material adverse change, as determined by BankLender, in the financial condition or business of Borrower, nor any material decline, as determined by BankLender, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Corixa Corp)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower and Subsidiaries, taken as a whole, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower and Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Keith Companies Inc)

Financial Condition. There shall have been no material adverse ------------------- change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such guarantor.

Appears in 1 contract

Samples: Credit Agreement (Hall Kinion & Associates Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.. (d)

Appears in 1 contract

Samples: Credit Agreement (Medtox Scientific Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any guarantor hereunder, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.Borrower or any such guarantor. (f)

Appears in 1 contract

Samples: Credit Agreement (Auto Graphics Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined Xxxxxxx Business Services, Inc. May 30, 1997 Page 9 by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Barrett Business Services Inc

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower (or any guarantor hereunder), nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Laser Power Corp/Fa)

Financial Condition. There shall have been no material adverse change, as determined by BankBank in its sole but reasonable discretion, in the financial condition or business of BorrowerBorrower or any Third Party Obligor hereunder, if any, nor any material decline, as determined by BankBank in its sole but reasonable discretion, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Third Party Obligor, if any.

Appears in 1 contract

Samples: Credit Agreement (Marcus & Millichap, Inc.)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, any Guarantor or any other Third Party Obligor hereunder, if any, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower, Guarantor or any other Third Party Obligor, if any.

Appears in 1 contract

Samples: Credit Agreement (Communications Systems Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower...

Appears in 1 contract

Samples: Credit Agreement (Garden Fresh Restaurant Corp /De/)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of BorrowerBorrower or any Guarantor, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of BorrowerBorrower or any such Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Winnebago Industries Inc)

Financial Condition. There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, Borrower nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.

Appears in 1 contract

Samples: Credit Agreement (Natures Sunshine Products Inc)

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