Common use of Adequacy of Disclosure Clause in Contracts

Adequacy of Disclosure. (a) All financial statements furnished to the Lender by the Borrower have been prepared in accordance with GAAP consistently applied and present fairly the condition of the Borrower at the date(s) thereof and the results of operations and cash flows for the period(s) covered (provided, however, that unaudited financial statements are subject to normal year end adjustments and to the absence of footnotes). There has been no change in the financial condition, results of operations, or cash flows of the Borrower since the date(s) of such financial statements, other than changes in the ordinary course of business, which changes have not been materially adverse, either singularly or in the aggregate.

Appears in 2 contracts

Samples: Loan and Security Agreement (Redenvelope Inc), Loan and Security Agreement (Bluefly Inc)

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Adequacy of Disclosure. (a) All financial statements furnished to the Lender Agent or the Lenders by the Borrower Obligors have been prepared in accordance with GAAP consistently applied and present fairly the Consolidated condition of the Borrower Obligors at the date(s) thereof and the Consolidated results of operations and cash flows of the Obligors for the period(s) covered (providedsubject, howeverin the case of interim financials, that unaudited financial statements are subject to normal year end adjustments and to the absence of footnotes)adjustments. There has been no change in the financial condition, results of operations, or cash flows of the Borrower Obligors since the date(s) of such financial statements, other than changes in the ordinary course of business, which changes have not been materially adverse, either singularly or in the aggregate.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mothers Work Inc), Loan and Security Agreement (Mothers Work Inc)

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Adequacy of Disclosure. (a) All financial statements furnished to the Lender by the Borrower have been prepared in accordance with GAAP consistently applied and present fairly in all material respects the condition of the Borrower at the date(s) thereof and the results of operations and cash flows for the period(s) covered (provided, provided however, that unaudited financial statements are subject to normal year end adjustments and to the absence of footnotes). There has been no change in the financial condition, results of operations, or cash flows of the Borrower since the date(s) of such financial statements, other than changes in the ordinary course of business, which changes have not been materially adverse, either singularly or in the aggregate.

Appears in 1 contract

Samples: Loan and Security Agreement (Gadzooks Inc)

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