Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, (i) except as otherwise expressly noted herein, (ii) subject, in the case of quarterly financial statements, to the absence of footnotes and normal year-end adjustments and (iii) if applicable, except as may be necessary to reflect any differing entities and/or organizational structure prior to giving effect to the Transactions.
Appears in 8 contracts
Samples: Credit Agreement (First Watch Restaurant Group, Inc.), Credit Agreement (First Watch Restaurant Group, Inc.), Second Lien Credit Agreement (Sovos Brands, Inc.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Lead Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, (ix) except as otherwise expressly noted hereintherein, (iiy) subject, in the case of quarterly financial statementsstatements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments and (iiiz) if applicable, except as may be necessary to reflect any differing entities and/or and organizational structure prior to giving effect to the Transactions.
Appears in 7 contracts
Samples: Credit Agreement (Hillman Companies Inc), Patent Security Agreement (PQ Group Holdings Inc.), Security Agreement (Hayward Holdings, Inc.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, (ix) except as otherwise expressly noted hereintherein, (iiy) subject, in the case of quarterly financial statementsstatements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments and (iiiz) if applicable, except as may be necessary to reflect any differing entities and/or and organizational structure prior to giving effect to the Transactions.
Appears in 5 contracts
Samples: Credit Agreement (Hillman Companies Inc), First Lien Credit Agreement (Hayward Holdings, Inc.), Security Agreement (Hayward Holdings, Inc.)
Financial Condition; No Material Adverse Effect. (a) The After the Closing Date, the financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, (ix) except as otherwise expressly noted hereintherein, (iiy) subject, in the case of quarterly financial statements, to the absence of footnotes and normal year-end adjustments and (iiiz) if applicable, except as may be necessary to reflect any differing entities entity and/or organizational structure prior to giving effect to the Transactions.
Appears in 2 contracts
Samples: Credit Agreement (First Watch Restaurant Group, Inc.), Credit Agreement (First Watch Restaurant Group, Inc.)
Financial Condition; No Material Adverse Effect. (a) The After the Closing Date, the financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and position, results of operations and cash flows of the Borrower Parent on a consolidated basis as of such dates and for such periods in accordance with GAAP, (iw) except as otherwise expressly noted hereintherein, (iix) subject, in the case of quarterly financial statements, to the absence of footnotes and normal year-end audit adjustments and (iiiy) if applicable, except as may be necessary to reflect any differing entities entity and/or organizational structure prior to giving effect to the Transactions.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Bausch Health Companies Inc.), Restatement Agreement (Valeant Pharmaceuticals International, Inc.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower Borrowers on a consolidated basis as of such dates and for such periods in accordance with GAAP, (ix) except as otherwise expressly noted hereintherein, (iiy) subject, in the case of quarterly financial statementsstatements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments and (iiiz) if applicable, except as may be necessary to reflect any differing entities and/or and organizational structure prior to giving effect to the Transactions.
Appears in 2 contracts
Samples: Security Agreement (PQ Group Holdings Inc.), First Amendment Agreement (Ecovyst Inc.)
Financial Condition; No Material Adverse Effect. (a) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, (ix) except as otherwise expressly noted herein, and/or (iiy) subject, in the case of quarterly financial statements, to the absence of footnotes and normal year-end adjustments and (iiiz) if applicable, except as may be necessary to reflect any differing entities and/or organizational structure prior to giving effect to the Transactions.
Appears in 1 contract
Financial Condition; No Material Adverse Effect. (a1) The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, (ix) except as otherwise expressly noted hereintherein, (iiy) subject, in the case of quarterly financial statementsstatements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments and (iiiz) if applicable, except as may be necessary to reflect any differing entities and/or and organizational structure prior to giving effect to the Transactions.
Appears in 1 contract
Financial Condition; No Material Adverse Effect. (a) 94. The financial statements most recently provided pursuant to Section 5.01(a) or (b), as applicable, present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower on a consolidated basis as of such dates and for such periods in accordance with GAAP, (ix) except as otherwise expressly noted hereintherein, (iiy) subject, in the case of quarterly financial statementsstatements provided pursuant to Section 5.01(a), to the absence of footnotes and normal year-end adjustments and (iiiz) if applicable, except as may be necessary to reflect any differing entities and/or and organizational structure prior to giving effect to the Transactions.
Appears in 1 contract
Samples: First Lien Credit Agreement (Hayward Holdings, Inc.)