Financial Information; Adverse Change Sample Clauses

Financial Information; Adverse Change. The Borrower has provided, or prior to the Effective Date will provide, the Bank with (i) its audited financial statements for its most recently ended fiscal year and (ii) the related up to date Prospectus. The Borrower does not have any contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of the Borrower in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Borrower since the date of such financial statements.
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Financial Information; Adverse Change. Each Borrower has provided, or prior to the Effective Date will provide, the Bank with (i) audited financial statements dated as of September 30, 2013 and for such Borrower's most recent fiscal year ended and (ii) the related up-to-date Prospectus for such Borrower. Such Borrower has no contingent liabili­ties not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of such Borrower in accordance with GAAP. There has been no material adverse change in the business or financial condition of such Borrower since the date of such financial statements.
Sample 1
Financial Information; Adverse Change. The Trust has provided, or prior to the Effective Date will provide, the Bank with (i) its audited financial statements for its most recent fiscal year ended and (ii) the related up to date Prospectus for each Fund of such Trust. No Fund of the Trust has any contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of the Trust in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Trust or Funds since the date of such financial statements.
Sample 1
Financial Information; Adverse Change. The Corporation has provided, or prior to the Effective Date will provide, the Bank with (i) audited financial statements for the Funds’ most recent fiscal year ended and (ii) the related up to date Prospectus for each Fund of the Corporation. No Fund has any contingent liabili­ties not provided for or disclosed in such financial statements. Such financial statements present fairly, in all material respects, the financial condition of the Funds in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Corporation since the date of such financial statements.
Sample 1
Financial Information; Adverse Change. The Borrower has provided, or prior to the Effective Date will provide, the Bank with (i) the related Fund’s audited financial statements for its most recent fiscal year ended and (ii) the up to date Prospectus for the related Fund (provided that the Borrower shall be automatically deemed to have provided such materials and documentation to the Bank upon its being filed with and publicly available on the XXXXX system maintained by the U.S. Securities and Exchange Commission). The related Fund of the Borrower does not have any contingent liabilities not provided for or disclosed in such financial statements. Such financial statements present fairly, in all respects, the financial condition of the Borrower’s related Fund in accordance with GAAP. There has been no material adverse change in the business or financial condition of the Trust or the related Fund since the date of such financial statements. 127343843v1
Sample 1
Financial Information; Adverse Change. The Corporation and the Trust have provided, or prior to the Effective Date will provide, the Bank with (i) their audited financial statements for its most recent fiscal year ended and (ii) the related up to date Prospectus for each Fund of such Corporation or the Trust. No Fund of such Corporation or the Trust has any contingent liabilities not provided for or disclosed in - 11 - such financial statements. Such financial statements present fairly, in all respects, the financial condition of such Corporation or the Trust in accordance with GAAP. There has been no material adverse change in the business or financial condition of such Corporation or the Trust or Funds since the date of such financial statements. The Bank agrees that the Corporation and the Trust shall have no obligation to deliver any document, report or financial statement to the Bank hereunder if the same is publicly available through the SEC's XXXXX system or similar system.
Sample 1

Related to Financial Information; Adverse Change

  • Financial Statements; Material Adverse Change The consolidated balance sheet of such Borrower and its Subsidiaries, as at December 31, 2020, and the related consolidated statements of income, retained earnings and cash flows of such Borrower and its Subsidiaries, certified by PricewaterhouseCoopers LLP, independent public accountants, and the unaudited consolidated balance sheet of such Borrower and its Subsidiaries, as at June 30, 2021, and the related consolidated statements of income, retained earnings and cash flows of such Borrower and its Subsidiaries, for the six months then ended, copies of which have been furnished to each Lender and each Fronting Bank, in all cases as amended and restated to the date hereof, present fairly in all material respects the consolidated financial position of such Borrower and its Subsidiaries as at the indicated dates and the consolidated results of the operations of such Borrower and its Subsidiaries for the periods ended on the indicated dates, all in accordance with GAAP consistently applied (in the case of such statements that are unaudited, subject to year-end adjustments and the exclusion of detailed footnotes). Except as disclosed in the Disclosure Documents, there has been no change, event or occurrence since December 31, 2020 that has had a Material Adverse Effect with respect to such Borrower.

  • Financial Statements; No Material Adverse Change All financial statements relating to Borrower which have been or may hereafter be delivered by Borrower to Lender have been prepared in accordance with GAAP and fairly present the financial condition and the results of operation of Borrower as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by Borrower to Lender prior to the date of this Agreement, there has been no material adverse change in the assets, liabilities, properties and condition, financial or otherwise, of Borrower, since the date of the most recent audited financial statements furnished by Borrower to Lender prior to the date of this Agreement.

  • No Material Adverse Change in Financial Statements All consolidated and consolidating financial statements related to Borrower and any Subsidiary that are delivered by Borrower to Bank fairly present in all material respects Borrower’s consolidated and consolidating financial condition as of the date thereof and Borrower’s consolidated and consolidating results of operations for the period then ended. There has not been a material adverse change in the consolidated or in the consolidating financial condition of Borrower since the date of the most recent of such financial statements submitted to Bank.

  • Financial Condition; No Adverse Change The Borrowers have furnished to the Lender their audited financial statements for their fiscal year ended June 30, 2006 and unaudited financial statements for the fiscal-year-to-date period ended September 30, 2006, and those statements fairly present the Borrowers' financial condition on the dates thereof and the results of their 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 Borrowers' businesses, properties or conditions (financial or otherwise) which has had a Material Adverse Effect.

  • Material Adverse Changes Except as disclosed in the Prospectus and the Time of Sale Information, (a) in the judgment of the Agent there shall not have occurred any Material Adverse Change; and (b) there shall not have occurred any downgrading, nor shall any notice have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded any securities of the Company or any of its subsidiaries by any “nationally recognized statistical rating organization” as such term is defined for purposes of Section 3(a)(62) of the Exchange Act.

  • Financial Condition; No Material Adverse Change (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the fiscal year ended December 31, 2013 reported on by Ernst & Young, independent public accountants, and (ii) as of and for the fiscal quarter and the portion of the fiscal year ended June 30, 2014, certified by its chief financial officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

  • No Adverse Changes Except as contemplated in the Prospectus, subsequent to the respective dates as of which information is given in the Prospectus, neither the Company nor any of its subsidiaries shall have incurred any material liabilities or obligations, direct or contingent, or entered into any material transactions, or declared or paid any dividends or made any distribution of any kind with respect to its capital stock; and there shall not have been any material change in the capital stock (other than a change in the number of outstanding shares of Common Stock due to the issuance of shares of Common Stock upon the exercise of outstanding options or warrants), or any material change in the short-term or long-term debt of the Company, or any issuance of options, warrants, convertible securities or other rights to purchase the capital stock of the Company or any of its subsidiaries, or any development involving a prospective Material Adverse Effect (whether or not arising in the ordinary course of business), or any loss by strike, fire, flood, earthquake, accident or other calamity, whether or not covered by insurance, incurred by the Company or any of its subsidiaries, the effect of which, in any such case described above, in the Agent’s judgment, makes it impractical or inadvisable to offer or deliver the Shares on the terms and in the manner contemplated in the Prospectus.

  • Material Adverse Change A Material Adverse Change occurs;

  • Adverse Changes Since the date of execution of this Agreement, no event or series of events shall have occurred that reasonably could have or result in a Material Adverse Effect;

  • Notice of Material Adverse Change Promptly inform Lender of (i) any and all material adverse changes in Borrower’s financial condition, and (ii) all claims made against Borrower which could materially affect the financial condition of Borrower.

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