Common use of Financial Condition; No Adverse Change Clause in Contracts

Financial Condition; No Adverse Change. The Borrower has furnished to the Lender its audited financial statements for its fiscal year ended December 31, 2006, unaudited financial statements of Xxxxxxx for the fiscal-year-to-date period ended November 30, 2007 and unaudited financial statements of WiseBuys for the fiscal-year-to-date period ended December 31, 2007 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrower's business, properties or condition (financial or otherwise) which has had a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Seaway Valley Capital Corp)

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Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31June 30, 2006, unaudited financial statements of Xxxxxxx for the fiscal-year-to-date period ended November 30, 2007 and unaudited financial statements of WiseBuys for the fiscal-year-to-date period Borrower’s fiscal year ended December 31June 30, 2007 2007, and those statements fairly present the Borrower's ’s financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and and, with respect to the audited financial statements, were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's ’s business, properties or condition (financial or otherwise) which has had would have a Material Adverse EffectEffect on the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Zareba Systems Inc)

Financial Condition; No Adverse Change. The Borrower -------------------------------------- has furnished to the Lender its audited financial statements for its fiscal year ended December 31June 30, 2006, 2003 and unaudited financial statements of Xxxxxxx for the fiscal-year-to-date period ended November 30, 2007 and unaudited financial statements of WiseBuys for the fiscal-year-to-date period ended December October 31, 2007 2003, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with GAAPgenerally accepted accounting principles. Since the date of the most recent financial statements, there has been no change in the Borrower's business, properties or condition (financial or otherwise) which has had a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Primesource Healthcare Inc)

Financial Condition; No Adverse Change. The Borrower has furnished to the Lender its audited reviewed financial statements for its fiscal year ended December 31, 20062009, unaudited and its internally prepared financial statements of Xxxxxxx for the fiscal-year-to-date period ended November 30, 2007 and unaudited financial statements of WiseBuys for the fiscal-year-to-date period ended December May 31, 2007 2010, and those statements fairly present the Borrower's financial condition of the Borrower on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with GAAPGAAP (but without footnotes and, in the case of the interim statements, subject to year-end adjustments). Since the date of the most recent financial statements, there has been no change in the Borrower's ’s business, properties or condition (financial or otherwise) which has had would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Digital Angel Corp)

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its consolidated audited financial statements of the Borrower for its the fiscal year ended December March 31, 2006, 1998 and consolidated unaudited financial statements of Xxxxxxx the Borrower for the fiscal-fiscal year-to-date period ended November 30, 2007 and unaudited financial statements of WiseBuys for the fiscal-year-to-date period ended December January 31, 2007 1999, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with GAAPgenerally accepted accounting principles. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise) which has had a Material Adverse Effect).

Appears in 1 contract

Samples: Subordination Agreement (Autotradecenter Com Inc)

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Financial Condition; No Adverse Change. The Borrower has furnished to the Lender its audited financial statements for its fiscal year ended December August 31, 2006, and unaudited financial statements of Xxxxxxx for the fiscal-year-to-date period ended November June 30, 2007 and unaudited financial statements of WiseBuys for the fiscal-year-to-date period ended December 312007, 2007 and those statements fairly present present, on a consolidated basis, in all material respects the Borrower's ’s financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with GAAP. Since the date of the most recent financial statements, there has been no change in the Borrower's ’s business, properties or condition (financial or otherwise) which has had or is reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Financial Condition; No Adverse Change. The Borrower has heretofore furnished to the Lender its audited financial statements for its fiscal year ended December 31, 20061997, and its unaudited financial statements of Xxxxxxx for the fiscal-fiscal year-to-date period ended November 30, 2007 and unaudited financial statements of WiseBuys for the fiscal-year-to-date period ended December 31, 2007 1998 and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with GAAP, except for year-end adjustments and the absence of footnotes on its interim financial statements. Since the date of the most recent financial statements, there has been no material adverse change in the Borrower's business, properties or condition (financial or otherwise) which has had a Material Adverse Effect).

Appears in 1 contract

Samples: Credit and Security Agreement (Heartland Technology Inc)

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