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 Borrower and its Subsidiaries, delivered to Collateral Agent fairly present, in conformity with GAAP, in all material respects the consolidated financial condition of Borrower and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries (subject, in the case of unaudited financial statements, to normal year-end adjustments to reflect actual expenses incurred that are paid in or to be paid in cash (provided, however, the aggregate amount of year-end adjustments in any given year with respect to such actual expenses incurred that are paid in or to be in paid in cash shall not exceed Two Hundred Thousand Dollars ($200,000.00)) and merger consolidation adjustments and the absence of footnotes, and provided further that such unaudited financial statements shall not include the noncash impact of accounting for stock compensation or other non-cash equity items). There has not been any event or circumstance that could reasonably be expected to cause a Material Adverse Change since the date of the most recent financial statements submitted to any Lender.

Appears in 3 contracts

Sources: Loan and Security Agreement (Foghorn Therapeutics Inc.), Loan and Security Agreement (Sigilon Therapeutics, Inc.), Loan and Security Agreement (Sigilon Therapeutics, Inc.)