Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following: (a) timely receipt of any Payment/Advance Form; and (b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 8 contracts
Sources: Loan and Security Agreement (Drugstore Com Inc), Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Pharsight Corp)
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of Section 5 remain true.. 4 CREATION OF SECURITY INTEREST
Appears in 8 contracts
Sources: Loan and Security Agreement (Limelight Networks, Inc.), Loan and Security Agreement (Homestead Com Inc), Loan and Security Agreement (Visioneer Inc)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain truetrue in all material respects.
Appears in 6 contracts
Sources: Loan and Security Agreement (Threshold Pharmaceuticals Inc), Loan and Security Agreement (Kosan Biosciences Inc), Loan and Security Agreement (Omniture, Inc.)
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of Section 5 remain true.. 4 CREATION OF SECURITY INTEREST -----------------------------
Appears in 4 contracts
Sources: Loan and Security Agreement (Novoste Corp /Fl/), Loan and Security Agreement (Alteon Websystems Inc), Loan and Security Agreement (Brio Technology Inc)
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 4 contracts
Sources: Loan and Security Agreement (Intrabiotics Pharmaceuticals Inc /De), Loan and Security Agreement (I Flow Corp /De/), Loan and Security Agreement (Insilicon Corp)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 3 contracts
Sources: Loan and Security Agreement (Sipex Corp), Loan and Security Agreement (PortalPlayer, Inc.), Loan and Security Agreement (Roxio Inc)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely Timely receipt of any Payment/Advance Form; and
(b) the The representations and warranties in Section 5 must be materially true (subject to the materiality provisions in Section 5) on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 3 contracts
Sources: Loan and Security Agreement (North American Scientific Inc), Loan Agreement (Volcano CORP), Loan and Security Agreement (Volcano CORP)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s Borrowers’ representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 3 contracts
Sources: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, Extension is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 2 contracts
Sources: Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Netlogic Microsystems Inc)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true in all material respects on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of in Section 5 remain truetrue in all material respects.
Appears in 2 contracts
Sources: Loan and Security Agreement (Axs One Inc), Loan and Security Agreement (Aprimo, INC)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of in Section 5 remain true.
Appears in 2 contracts
Sources: Loan and Security Agreement (American Science & Engineering Inc), Loan and Security Agreement (Art Technology Group Inc)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true.
Appears in 2 contracts
Sources: Loan and Security Agreement (Synaptics Inc), Loan and Security Agreement (3d Systems Corp)
Conditions Precedent to all Credit Extensions. Bank’s obligations 's obligation to make each Credit Extension, including the initial Credit Extension, is subject to the following:;
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of in Section 5 remain true.. 4 CREATION OF SECURITY INTEREST
Appears in 2 contracts
Sources: Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section Article 5 must shall be materially true in all material respects on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section in Article 5 remain truetrue in all material respects.
Appears in 2 contracts
Sources: Loan and Security Agreement (LTX Corp), Loan Agreement (LTX Corp)
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s Borrowers' representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make --------------------------------------------- each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of in Section 5 remain true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance FormForm together with invoices in the case of Equipment Advances; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 1 contract
Sources: Loan and Security Agreement (California Micro Devices Corp)
Conditions Precedent to all Credit Extensions. BankEach Lender’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance FormForm or Loan Supplement, as applicable; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form or Loan Supplement, as applicable, and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of in Section 5 remain materially true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form, as applicable; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form Form, as applicable and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of in Section 5 remain true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s The obligations of Lenders to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true in all material respects on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of in Section 5 remain truetrue in all material respects.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely Timely receipt of any Payment/Advance Transaction Report Form; and
(b) the The representations and warranties in Section 5 must be materially true (subject to the materiality provisions in Section 5) on the date of the Payment/Advance Transaction Report Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 1 contract
Sources: Loan and Security Agreement (Egain Communications Corp)
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension Advance and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of Section 5 remain true.. 4 CREATION OF SECURITY INTEREST
Appears in 1 contract
Sources: Loan and Security Agreement (Metro One Telecommunications Inc)
Conditions Precedent to all Credit Extensions. Bank’s obligations Lenders' obligation to --------------------------------------------- make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance FormForm by the Servicing Agent; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of in Section 5 remain true.. 4 CREATION OF SECURITY INTEREST -----------------------------
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 (except for those which speak as of a specific date) must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain truetrue (except for those which speak as of a specific date).
Appears in 1 contract
Sources: Loan and Security Agreement (Paradigm Genetics Inc)
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make each Credit Extension, including the initial Credit Extension, is further subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is the relevant Borrower’s 's representation and warranty on that date that the representations and warranties of Section 5 remain true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s 's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form, as applicable; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form Form, as applicable and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of in Section 5 remain true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s Lender's obligations to make each Credit Extension, including the initial Credit Extension, is are subject to the following:
(a) timely receipt of any Loan Payment/Advance Request Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Loan Payment/Advance Request Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s 's representation and warranty on that date that the representations and warranties of in Section 5 remain true.. 4 CREATION OF SECURITY INTEREST
Appears in 1 contract
Sources: Loan and Security Agreement (Networth Technologies, Inc.)
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely Timely receipt of any Payment/Advance Form; and
(b) the The representations and warranties in Section 5 must be materially true (subject to the materiality provisions in Section 5) on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit ExtensionExtension for any Facility, including the initial Credit ExtensionExtension for that Facility, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of in Section 5 remain true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form;
(b) timely receipt of a Transaction Report; and
(bc) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Loan Payment/Advance Request Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true.
Appears in 1 contract