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

No Material Adverse Change in Financial Condition. All financial statements relating to Borrower or any guarantor of the Obligations that have been delivered by Borrower to Foothill have been prepared in accordance with GAAP and fairly present Borrower's (or such guarantor's, as applicable) financial condition as of the date thereof and Borrower's results of operations for the period then ended. There has not been a material adverse change in the financial condition of Borrower (or such guarantor, as applicable) since the date of the latest financial statements submitted to Foothill on or before the Closing Date.

Appears in 3 contracts

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Action Industries Inc), Security Agreement (QMS Inc)

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No Material Adverse Change in Financial Condition. All financial statements relating to Borrower or any guarantor of the Obligations that have been or may hereafter be delivered by Borrower to Foothill have been prepared in accordance with GAAP and fairly present Borrower's (or and such guarantor's, as applicable) 's financial condition as of the date thereof and Borrower's and such guarantor's results of operations for the period then ended. There has not been a material adverse change in the financial condition of Borrower (or such guarantor, as applicable) any guarantor since the date of the latest financial statements submitted to Foothill on or before the Closing Date.

Appears in 2 contracts

Samples: Security Agreement (Leisure Time Casinos & Resorts Inc), Security Agreement (Leisure Time Casinos & Resorts Inc)

No Material Adverse Change in Financial Condition. All financial statements relating to Borrower or any guarantor Guarantor of the Obligations that have been delivered by Borrower to Foothill Lender have been prepared in accordance with GAAP and fairly present Borrower's ’s (or such guarantor'sGuarantor’s, as applicable) financial condition as of the date thereof and Borrower's ’s results of operations for the period then ended. There has not been a material adverse change in the financial condition of Borrower (or such guarantorGuarantor, as applicable) since the date of the latest financial statements submitted to Foothill Lender on or before the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (InPoint Commercial Real Estate Income, Inc.)

No Material Adverse Change in Financial Condition. All financial statements relating to Borrower or any guarantor of the Obligations that have been or may hereafter be delivered by Borrower to Foothill have been prepared in accordance with GAAP and fairly present Borrower's (or such guarantor's, as applicable) financial condition as of the date thereof and Borrower's results of operations for the period then ended. There has not been a material adverse change in the financial condition of Borrower (or such guarantor, as applicable) any guarantor since the date of the latest financial statements submitted to Foothill on or before the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Network Inc)

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No Material Adverse Change in Financial Condition. All financial statements relating to Borrower or any guarantor of the Obligations that have been delivered by Borrower to Foothill have been prepared in accordance with GAAP and fairly present Borrower's (or such guarantor's, as applicable) financial condition as of the date thereof and Borrower's results of operations for the period then ended. There has not been a material adverse change in the financial condition of Borrower (or such guarantor, as applicable) since the date of the latest March 31, 1995 financial statements submitted to Foothill on or before the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

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