Common use of Other Financial Information Clause in Contracts

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Any submission by Borrower of a Compliance Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I)

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Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 5.3 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (ai) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate true and correct, (bii) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; , (ciii) as of the date of such submission, no Events of Default have occurred or are continuing; , (div) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 Section 4 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; , (ev) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; 4.8, and (fvi) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lender.Agent

Appears in 1 contract

Samples: Loan and Security Agreement (Inmune Bio, Inc.)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correctcorrect in all material respects, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date or time period in Article 5 remain true and correct in all material respects as of the date or with respect to time period of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower Xxxxxxxx has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (BioAge Labs, Inc.)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (ai) as of the date of such Compliance Statement, or other financial statement, the financial information and calculations set forth therein are true, accurate accurate, and correct, (bii) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement Statement, or other financial statement, as applicable; (ciii) as of the date of such submission, no Events of Default have occurred or are continuing; (div) all representations and warranties other than any representations or warranties that are made as of a specific date in Article Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, or other financial statement, as applicable; (ev) as of the date of such submission, Borrower and each of its Subsidiaries has have timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.85.9; and (fvi) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Eargo, Inc.)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

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

Other Financial Information. Other financial information regarding Borrower or any of its Subsidiaries reasonably requested by Agent or any Lender. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 5.3 or otherwise submitted to Agent or either Lender and the Lenders shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate true and correct, . Any submission by Borrower of a Compliance Statement shall be deemed to be a representation by Borrower that (bi) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted WEST\295152977.6 253576801 v8 in such Compliance Statement or other financial statement, as applicable; , (cii) as of the date of such submission, no Events of Default have occurred or are continuing; , (diii) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 Section 4 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; , (eiv) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; 4.8, and (fv) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lenderand Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Ziopharm Oncology Inc)

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Any submission by Borrower of a Compliance Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender and Lenders shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement Statement, or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.85.9; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lenderand Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Axonics, Inc.)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement Statement, or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has have timely filed all required tax returns and reports, and Borrower Xxxxxxxx has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.85.9; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

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

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Any submission by Borrower of a Compliance Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender and the Lenders shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date or time period in Article Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lenderand the Lenders.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Velo3D, Inc.)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has have timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.85.9; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (HTG Molecular Diagnostics, Inc)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderLender (to be provided within a reasonable time after the request therefor). Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender and Lenders shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement Statement, or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lenderand Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Alpha Healthcare Acquisition Corp.)

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Any submission by Borrower of a Compliance Statement, or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender and Lenders shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, or other financial statement, the information and calculations set forth therein are true, accurate and correctcorrect in all material respects, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement Statement, or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.85.9; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lenderand Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Taysha Gene Therapies, Inc.)

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Other Financial Information. Other Promptly, from time to time, such other financial information as reasonably requested by Agent or any Lender. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 5.3 or otherwise submitted to Agent or either Lender and the Lenders shall be deemed to be a representation by Borrower that (ai) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate true and correct, (bii) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; , (ciii) as of the date of such submission, no Events of Default have occurred or are continuing; , (div) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain Section 4 are true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; , (ev) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; 4.8, and (fvi) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lenderand Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (AVROBIO, Inc.)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing, except as noted in such Compliance Statement; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

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

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correctcorrect in all material respects, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or and are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except except, in each case, as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correctcorrect in all material respects, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has have timely filed all required tax returns and reportsreports (or obtained valid extensions therefor), and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Liquidia Corp)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (DiCE MOLECULES HOLDINGS, LLC)

Other Financial Information. Other financial information reasonably requested by Agent or any LenderBank. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender Bank shall be deemed to be a representation by Borrower that (a) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (b) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Statement or other financial statement, as applicable; (c) as of the date of such submission, no Events of Default have occurred or are continuing; (d) all representations and warranties other than any representations or warranties that are made as of a specific date in Article 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; (e) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.85.9; and (f) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either LenderBank.

Appears in 1 contract

Samples: Loan and Security Agreement (Sierra Oncology, Inc.)

Other Financial Information. Other financial information reasonably requested by Agent or any Lender. Notwithstanding the foregoing, documents required to be delivered under clauses (b), (c) or (g) of this Section 6.2 may be delivered electronically and if so delivered (which, for clarity, with respect to the delivery of 10-Ks, must include the accounting firm opinion required pursuant to clause (c)), shall be deemed to have been delivered on the date on which Borrower files such documents with the SEC and such documents are publicly available on the SEC’s XXXXX filing system or any successor thereto. Any submission by Borrower of a Compliance Statement, Statement or any other financial statement submitted to the Financial Statement Repository pursuant to this Section 6.2 or otherwise submitted to Agent or either Lender shall be deemed to be a representation by Borrower that (ai) as of the date of such Compliance Statement, Statement or other financial statement, the information and calculations set forth therein are true, accurate and correct, (bii) as of the end of the compliance period set forth in such submission, Borrower is in complete compliance with all required covenants except as noted in such Compliance Certificate Statement or other financial statement, as applicable; , (ciii) as of the date of such submission, no Events of Default have occurred or are continuing; , (div) all representations and warranties other than any representations or warranties that are made as of a specific date in Article Section 5 remain true and correct in all material respects as of the date of such submission except as noted in such Compliance Statement, Statement or other financial statement, as applicable; , (ev) as of the date of such submission, Borrower and each of its Subsidiaries has timely filed all required tax returns and reports, and Borrower has timely paid all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower except as otherwise permitted pursuant to the terms of Section 5.8; , and (fvi) as of the date of such submission, no Liens have been levied or claims made against Borrower or any of its Subsidiaries relating to unpaid employee payroll or benefits of which Borrower has not previously provided written notification to Agent or either Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Scynexis Inc)

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