Common use of Financial Statements; No Material Adverse Change Clause in Contracts

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 (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) 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.

Appears in 7 contracts

Samples: Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Ecost Com Inc), Loan and Security Agreement (Vector Group LTD)

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Financial Statements; No Material Adverse Change. All financial statements relating to Borrower which have been or may hereafter be delivered by Borrower to Lender Agents and Lenders have been prepared in accordance with GAAP (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) 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 Administrative Agent 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 Administrative Agent prior to the date of this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Financial Statements; No Material Adverse Change. All financial statements statements, other than projections and pro forma statements, relating to Borrower which have been or may hereafter be delivered by Borrower to Lender have been prepared in accordance with GAAP (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (Value Financial Services, Inc.), Loan and Security Agreement (Findwhat Com Inc)

Financial Statements; No Material Adverse Change. All financial statements relating to Borrower each Debtor which have been or may hereafter be delivered by Borrower such Debtor to Lender Secured Party have been prepared in accordance with GAAP (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) and fairly present the financial condition and the results of operation of Borrower such Debtor as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by Borrower each Debtor to Lender Secured Party 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 BorrowerDebtors, since the date of the most recent audited financial statements furnished by Borrower Debtors to Lender Secured Party prior to the date of this Agreement.

Appears in 2 contracts

Samples: General Security Agreement (SMTC Corp), General Security Agreement (SMTC Corp)

Financial Statements; No Material Adverse Change. All financial statements relating to Borrower which or Old Clarx xxxch have been or may hereafter be delivered by Borrower to Lender have been prepared in accordance consistent with GAAP (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) and fairly present the financial condition and the results of operation of of, as applicable, Borrower as or Old Clarx xx at the dates and for the periods set forth therein, except for footnotes and any departures from GAAP indicated therein. Except as disclosed in any interim financial statements furnished of Old Clarx xxxnished 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 of Old Clarx xxxnished by Borrower to Lender prior to the date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Clark Material Handling Co)

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 (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) and fairly present in all material respects 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Hirsch International Corp)

Financial Statements; No Material Adverse Change. All financial statements relating to Borrower (other than projections) which have been or may hereafter be delivered by Borrower to Lender have been prepared in accordance with GAAP (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Zila Inc)

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 (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) 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 hereof and the Geneva Steel Company Business Plan through the year 2003 prepared as of December 1998 for the period through January 31, 1999 delivered 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Geneva Steel Co)

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Financial Statements; No Material Adverse Change. All financial statements relating to Borrower Borrowers which have been or may hereafter be delivered by a Borrower to Lender have been prepared in accordance with GAAP and fairly present the financial condition and the RESULTS OF OPERATION OF BORROWERS AS AT THE DATES AND FOR THE PERIODS SET FORTH THEREIN (except as to any interim financial statementsPROVIDED, to the extent such THAT, monthly or quarterly statements are subject to normal year-end adjustments and do may not include any notes) and fairly present the financial condition and the results of operation of Borrower as at the dates and for the periods set forth thereincontain footnotes required by GAAP). Except as disclosed in any interim financial statements furnished by Borrower Borrowers 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 a Borrower, since the date of the most recent audited financial statements furnished by Borrower Borrowers to Lender prior to the date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Titanium Metals Corp)

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 (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) and fairly present the financial condition and the results of operation operations of Borrower as at the dates and for the periods set forth therein, except that unaudited financial statements do not have all GAAP required footnotes and are subject to accruals and other year-end adjustments. 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, liabilitiesliabi- lities, 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Gottschalks Inc)

Financial Statements; No Material Adverse Change. All financial statements relating to any Borrower which have been or may hereafter be delivered by any Borrower to Lender have been prepared in accordance with GAAP (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) and fairly present the financial condition and the results of operation of such Borrower or Borrowers as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by any 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 any Borrower, since the date of the most recent audited financial statements furnished by Borrower Borrowers to Lender prior to the date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockford Corp)

Financial Statements; No Material Adverse Change. All financial statements relating to Borrower which have been or may and are at anytime hereafter be delivered by Borrower to Lender have been prepared in accordance with GAAP (except as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Swank Inc)

Financial Statements; No Material Adverse Change. All financial statements relating to Borrower Borrowers which have been or may hereafter be delivered by any Borrower to Lender have been prepared in accordance with GAAP (except except, as to any interim financial statements, to the extent such statements are subject to normal year-end adjustments and do not include any notes) and fairly present the financial condition and the results of operation of Borrower Borrowers as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by any 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 BorrowerBorrowers, since the date of the most recent audited financial statements furnished by any Borrower to Lender prior to the date of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Fansteel Inc)

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