Common use of Changes in Financial Condition Clause in Contracts

Changes in Financial Condition. Since the Balance Sheet Date, there has been no material adverse change and no material adverse development in the Business, properties, operations, condition (financial or otherwise), results of operations or prospects of Borrower. Since the Balance Sheet Date, Borrower has not (i) declared or paid any dividends, (ii) sold any assets, individually or in the aggregate, outside of the ordinary course of business, (iii) had capital expenditures outside of the ordinary course of business, (iv) engaged in any transaction with any Affiliate or (v) engaged in any other transaction outside of the ordinary course of business.

Appears in 4 contracts

Samples: Loan and Security Agreement (1847 Holdings LLC), Loan and Security Agreement (Youngevity International, Inc.), Loan and Security Agreement

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Changes in Financial Condition. Since the Balance Sheet Date, there has been no material adverse change and no material adverse development in the Businessbusiness, properties, operations, condition (financial or otherwise), results of operations or prospects of Borrower. Since the Balance Sheet Date, Borrower has not (i) declared or paid any dividends, (ii) sold any assets, individually or in the aggregate, outside of the ordinary course of business, (iii) had capital expenditures outside of the ordinary course of business, (iv) except as set forth on Schedule 8.10 hereto, engaged in any transaction with any Affiliate or (v) engaged in any other transaction outside of the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (XZERES Corp.)

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Changes in Financial Condition. Since the Balance Sheet Date, there has been no material adverse change and no material adverse development in the Businessbusiness, properties, operations, condition (financial or otherwise), results of operations or prospects of Borrower. Since the Balance Sheet Date, Borrower has not (i) declared or paid any dividends, (ii) sold any assets, individually or in the aggregate, outside of the ordinary course of business, (iii) had capital expenditures outside of the ordinary course of business, (iv) engaged in any transaction with any Affiliate or (v) engaged in any other transaction outside of the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (Elio Motors, Inc.)

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