Common use of No Material Deterioration in Financial Condition; Financial Statements Clause in Contracts

No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for the Loan Parties and their Subsidiaries, delivered to the Collateral Agent fairly present, in conformity with IFRS, in all material respects, the consolidated financial condition of the Loan Parties and its Subsidiaries, and the consolidated results of operations of the Loan Parties and its Subsidiaries. Lender acknowledges and agrees that such financial statements delivered hereunder (that are not annual audited financial statements) may not be audited nor include all adjusting entries, such as, for the sake of example only, changes in the fair market value of warrants, and further understands that such financial statements do not include footnotes required under IFRS. Lender understands and agrees that such financial statements are therefore considered to be in draft form and subject to adjustments. There has not been any material deterioration in the consolidated financial condition of the Loan Parties and its Subsidiaries since the date of the most recent financial statements submitted to the Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Immunocore LTD), Loan and Security Agreement (Immunocore LTD)

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No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for the Loan Parties Borrower and their its Subsidiaries, delivered to the Collateral Agent fairly present, in conformity with IFRSGAAP, in all material respects, respects the consolidated financial condition of the Loan Parties Borrower and its Subsidiaries, and the consolidated results of operations of the Loan Parties Borrower and its SubsidiariesSubsidiaries as of the dates and for the periods presented. Lender acknowledges and agrees understands that such interim financial statements delivered hereunder (that are not annual audited financial statements) may not be audited nor include all adjusting entriesand may be subject to ordinary course year-end adjustments, such as, as for the sake of example only, changes in the fair market value of warrants, and further understands that such financial statements do not include footnotes required under IFRS. Lender therefore understands and agrees that such financial statements are therefore considered to be in draft form and subject to adjustmentsadjustment. There has not been any material deterioration in the consolidated financial condition of the Loan Parties Borrower and its Subsidiaries since the date of the most recent financial statements submitted to the any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Senseonics Holdings, Inc.)

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No Material Deterioration in Financial Condition; Financial Statements. All consolidated financial statements for the Loan Parties Borrower and their its Subsidiaries, delivered to the Collateral Agent fairly present, in conformity with IFRSGAAP, in all material respects, respects the consolidated financial condition of the Loan Parties Borrower and its Subsidiaries, and the consolidated results of operations of the Loan Parties Borrower and its SubsidiariesSubsidiaries as of the dates thereof and for the periods covered thereby. Lender acknowledges and agrees understands that such interim financial statements delivered hereunder (that are not annual audited financial statements) may not be audited nor include all adjusting entriesand may be subject to ordinary course year-end adjustments, such as, for the sake of example only, changes in the fair market value of warrants, and further understands that such financial statements do not include footnotes required under IFRS. Lender therefore understands and agrees that such financial statements are therefore considered to be in draft form and subject to adjustmentsadjustment. There has not been any material deterioration in the consolidated financial condition of the Loan Parties Borrower and its Subsidiaries since the date of the most recent financial statements submitted to the any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Aviragen Therapeutics, Inc.)

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