Financial Statements; No Material Adverse Change. All financial statements relating to AETG, Parent, the Borrowers and their respective Subsidiaries which have been or may hereafter be delivered by a Borrower or an Obligor to Lender have been or will have been, when delivered, prepared in accordance with GAAP and fairly present the financial condition and the results of operation of the Persons covered thereby and their respective Subsidiaries as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by any Borrower or an Obligor 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 or Obligor, since the date of the most recent audited financial statements furnished by such Borrower or Obligor to Lender prior to the date of this Agreement.
Appears in 3 contracts
Sources: Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp)
Financial Statements; No Material Adverse Change. All financial statements relating to AETG, Parent, the Borrowers and their respective Subsidiaries Borrower or any Obligor which have been or may hereafter be delivered by a or on behalf of Borrower or an such Obligor to Lender have been or will have been, when delivered, be prepared in accordance with GAAP (when identified as such) and fairly present in all material respects the financial condition and the results of operation operations of the Persons covered thereby and their respective Subsidiaries Borrower or such Obligor as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by any or on behalf of Borrower or an any Obligor 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 Material Adverse Change with respect to Borrower or Obligor, any Obligor since the date of the most recent audited financial statements furnished by such or on behalf of Borrower or any Obligor to Lender prior to the date of this Agreement.
Appears in 2 contracts
Sources: Loan Agreement (Mad Catz Interactive Inc), Loan Agreement (Mad Catz Interactive Inc)
Financial Statements; No Material Adverse Change. All financial statements relating to AETG, Parent, the Borrowers Guarantors and their respective Subsidiaries which have been or may hereafter be delivered by a Borrower Borrower, a Guarantor or an Obligor to Lender have been or will have been, when delivered, prepared in accordance with GAAP and fairly present the financial condition and the results of operation of the Persons covered thereby and their respective Subsidiaries as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by any Borrower Borrower, Guarantor or an Obligor 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 Borrower, Guarantor or Obligor, since the date of the most recent audited financial statements furnished by such Borrower Borrower, Guarantor or Obligor to Lender prior to the date of this Agreement.
Appears in 2 contracts
Sources: General Security Agreement (Atlantic Express Transportation Corp), General Security Agreement (Atlantic Express Transportation Corp)
Financial Statements; No Material Adverse Change. All financial statements relating to AETG, Parent, the Borrowers and their respective Subsidiaries Guarantors which have been or may hereafter be delivered by a any Borrower or an Obligor Guarantor to Lender on or prior to any date that this representation and warranty is made or deemed to be made have been or will have been, when delivered, prepared in accordance with GAAP and fairly present the financial condition and the results of operation of such of the Persons covered thereby Borrowers and their respective Subsidiaries Guarantors as are included therein as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by any Borrower or an Obligor Guarantor 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 or ObligorGuarantor, since the date of the most recent audited financial statements furnished by such Borrower or Obligor Borrowers and Guarantors to Lender prior to the date of this Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (Decorative Home Accents Inc)
Financial Statements; No Material Adverse Change. All financial statements relating to AETG, Parent, the Borrowers and their respective Subsidiaries which have been or may hereafter be delivered by a Borrower or an Obligor Borrowers to Lender have been or will have been, when delivered, prepared in accordance with GAAP and fairly present the financial condition and the results of operation of the Persons covered thereby and their respective Subsidiaries Borrowers as at the dates and for the periods set forth thereintherein except that the pro forma financial statements and projections delivered to Lender have been, or will be, prepared consistent with the principles used in preparing the audited financial statements required to be delivered under this Agreement. Except as disclosed in any interim financial statements furnished by any Borrower or an Obligor 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 any Borrower or Obligor, Material Adverse Change since the date of the most recent audited financial statements furnished by such Borrower or Obligor Borrowers to Lender prior to the date of this Agreement.
Appears in 1 contract
Financial Statements; No Material Adverse Change. All financial statements relating to AETG, Parent, the Borrowers Borrower and their respective Subsidiaries its subsidiaries which have been or may hereafter be delivered by a Borrower or an Obligor to Lender have been or will have been, when delivered, prepared in accordance with GAAP (except, with respect to unaudited financial statements, for the absence of footnotes and normal year-end audit adjustments) and fairly present the financial condition and the results of operation of the Persons covered thereby Borrower and their respective Subsidiaries its consolidated subsidiaries as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by any Borrower or an Obligor 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 or Obligorand its subsidiaries, since the date of the most recent audited financial statements furnished by such Borrower or Obligor to Lender prior to the date of this Agreement.
Appears in 1 contract
Financial Statements; No Material Adverse Change. All financial statements relating to AETG, Parent, the Borrowers and their respective Subsidiaries Borrower which have been or may hereafter be delivered by a Borrower or an Obligor to Lender have been or will have been, when delivered, prepared in accordance with GAAP and fairly present present, in all material respects, the financial condition and the results of operation of the Persons covered thereby and their respective Subsidiaries Borrower as at the dates and for the periods set forth thereintherein subject in the case of unaudited financial statements to later normal, recurring audit adjustments required by GAAP necessary for a fair presentation of results that are not in the aggregate material and the omission of certain footnotes as permitted by GAAP. Except as disclosed in any interim financial statements furnished by any Borrower or an Obligor 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 or ObligorBorrower, since the date of the most recent audited financial statements furnished by such Borrower or Obligor to Lender prior to the date of this Agreement.
Appears in 1 contract