Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished (other than financial or business projections or other information of a forward-looking nature), by or on behalf of Borrower to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Agent, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections provided to Borrower’s Board of Directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of Borrower, that no assurance is given that any particular projections will be realized, and that actual results may differ).
Appears in 2 contracts
Sources: Loan and Security Agreement (Albireo Pharma, Inc.), Loan and Security Agreement (Constellation Pharmaceuticals Inc)
Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished (in each case, other than financial or business forecasts, projections or and other information of a forward-forward looking naturestatements and information), by or on behalf of Borrower any Loan Party to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such information or documents, omitted, omitted or omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections projections, forecasts or forward-looking statements provided by Borrower any Loan Party to Agent, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to Borrowersuch Loan Party, and (ii) the most current of such projections provided to Borrowersuch Loan Party’s Board of Directors (it being understood that such projections matters are subject to significant uncertainties and contingencies, many of which are beyond the control of Borrower, that no assurance is given that any particular projections matters will be realized, realized and that actual results may differ).
Appears in 2 contracts
Sources: Loan and Security Agreement (Madrigal Pharmaceuticals, Inc.), Loan and Security Agreement (Madrigal Pharmaceuticals, Inc.)
Information Correct and Current. No written information, report, Advance Request, financial statement, exhibit or schedule furnished (other than financial or business projections or other information of a forward-looking nature)furnished, by or on behalf of Borrower any Loan Party to Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such written information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not materially misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower the Loan Parties to Agent, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to Borrowerthe Loan Parties at the time prepared, and (ii) the most current of such projections provided to Borrowersuch Loan Party’s Board of Directors (it being understood that such projections are subject to significant uncertainties and contingencies, many of which are beyond the control of Borrowerthe Loan Parties, that no assurance is given that any particular projections will be realized, and that actual results may differ).
Appears in 1 contract
Sources: Loan and Security Agreement (BICYCLE THERAPEUTICS PLC)