Unaudited Company Balance Sheet definition

Unaudited Company Balance Sheet has the meaning set forth in Section 7.1(l)(iii).

Unaudited Company Balance Sheet means the consolidated balance sheet (and the notes thereto) of the Company and its consolidated Subsidiaries as of September 30, 2023, set forth in the Company’s Quarterly Report on Form 10-Q filed by the Company with the SEC for the quarterly period ended September 30, 2023.

Unaudited Company Balance Sheet means the unaudited consolidated balance sheet of the Company and its Subsidiaries as at any applicable date prepared in good faith by the Company in accordance with GAAP applied on a basis consistent with past practices.

Examples of Unaudited Company Balance Sheet in a sentence

• The Company has sole right, title and interest in and to all of the assets on the Interim Period Unaudited Company Balance Sheet, free and clear of any Encumbrances, other than Permitted Encumbrances.

• The Company has sole right, title and interest in and to all of the assets on the Audited Company Financial Statements and the Interim Period Unaudited Company Balance Sheet, free and clear of any Encumbrances.

• All Accounts Receivable have been billed in accordance with the past practice of the Company consistently applied and, to the Knowledge of the Company, are collectible in the ordinary course of business within three (3) months, except to the extent of an amount not in excess of the reserve for doubtful accounts reflected on the Interim Period Unaudited Company Balance Sheet.

• The Company has delivered to Parent its unaudited balance sheet as at December 31, 2001 (the "Unaudited Company Balance Sheet") and its unaudited statements of operations, cash flows and changes in stockholders' equity for the fiscal year then ended (together with the Unaudited Company Balance Sheet, the "Unaudited Company Financial Statements").

• Section 3.10(d) of the Company Disclosure Letter contains a true, correct and complete list of all borrowed money Indebtedness of the Company and its Subsidiaries as of the date of this Agreement, other than Indebtedness reflected in the Unaudited Company Balance Sheet or otherwise included in the Company SEC Reports.

• Seller has delivered to Buyer the following (collectively referred to as the "Financial Statements"): (a) an audited balance sheet of the Company at December 31, 1999 (including the notes thereto, the "Company's Audited Balance Sheet") and (b) an unaudited balance sheet of the Company as at June 30, 2000 (the "Interim Unaudited Company Balance Sheet") and the related unaudited statements of income.

• Except as reflected in the Unaudited Company Balance Sheet as of December 31, 1998 (the "Company Balance Sheet Date"), the Company has no liabilities, contingent or absolute, matured or unmatured, known or unknown, except for liabilities incurred in the ordinary course of business since the Company Balance Sheet Date that would not have a Material Adverse Effect (as defined below).

• The unpaid Taxes of the Company and its Subsidiaries did not, as of the date of the Unaudited Company Financial Statements, exceed the reserve for Tax liability (excluding any reserve for deferred Taxes established to reflect timing differences between book and Tax income) set forth on the face of the Unaudited Company Balance Sheet (rather than in any notes thereto).

• The reserves for doubtful accounts and allowances set forth on the Unaudited Company Balance Sheet and notes are evaluated by the Company quarterly and have been established in accordance with past custom and practice and are substantially adequate to provide for all losses which may be sustained on realization of the accounts receivable shown on the Unaudited Company Balance Sheet.

• Except as set forth in Part 3.8, the Company has no Liabilities except for Liabilities reflected or reserved against in the Company's Audited Balance Sheet or the Interim Unaudited Company Balance Sheet, and current Liabilities incurred in the Ordinary Course of Business since the respective dates thereof.

More Definitions of Unaudited Company Balance Sheet

Unaudited Company Balance Sheet has the meaning set forth in Section 7.1(l)(iii). “Unaudited Prosper Funding Balance Sheet” has the meaning set forth in Section 7.1(l)(iv). 7 CONFIDENTIAL TREATMENT [***] indicates that text has been omitted which is the subject of a confidential treatment request. This text has been separately filed with the SEC. “Underlying Securities” means the Series F Preferred Stock issuable upon the exercise of the Warrants, and the Common Stock issuable upon conversion of the Series F Preferred Stock. “Warrant Agreement” has the meaning set forth in Section 3.6. “Warrant Certificates” has the meaning set forth in the recitals to this Agreement. “Warrant Holder” has the meaning set forth in the preamble to this Agreement. “Warrants” has the meaning set forth in the recitals to this Agreement. “WebBank Agreements” means (i) the Stand By Purchase Agreement, dated as of July 1, 2016, by and between WebBank and the Company, (ii) the Asset Sale Agreement, dated as of July 1, 2016, by and between WebBank and Prosper Funding, (iii) the Marketing Agreement, dated as of July 1, 2016, by and between WebBank and the Company, (iv) the Asset Servicing Agreement, dated as of July 1, 2016, by and between WebBank and the Company and (v) the Amended and Restated Deposit Control Agreement, dated as of July 28, 2016 by and between WebBank, Prosper Funding and certain other parties name therein, and (vi) each other agreement between (A) the Company or its Subsidiaries, on the one hand, and (B) WebBank, on the other hand, in the case of each of clauses (i) through (vi), as amended through the date of this Agreement. ARTICLE II