Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following, in form and substance reasonably satisfactory to Lender: (a) executed originals of the Agreement, Note(s), Warrant Agreement and any documents reasonably required by Lender to effectuate the liens of Lender, with respect to all Collateral; (b) certified copy of resolutions of Borrower's board of directors evidencing approval of the borrowing and other transactions evidenced by the Loan Documents; (c) certified copies of the Certificate of Incorporation and the Bylaws of Borrower, as amended through the Closing Date; (d) certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified would have a Material Adverse Effect; (e) such other documents as Lender may reasonably request.
Appears in 4 contracts
Sources: Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cytokinetics Inc)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following, in form and substance reasonably satisfactory to Lender:
(a) executed originals of the Agreement, Note(s)the Warrant Agreement, Warrant Agreement and any documents reasonably required by Lender to effectuate the liens of Lender, with respect to all Collateral;
(b) certified copy of resolutions of Borrower's board of directors evidencing approval of the borrowing and other transactions evidenced by the Loan DocumentsDocuments and the Warrant Agreement(s);
(c) certified copies of the Certificate of Incorporation and the Bylaws of BorrowerBylaws, as amended through the Closing Date, of Borrower;
(d) certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified would have a Material Adverse Effect;
(e) payment of the Facility Fee;
(f) such other documents as Lender may reasonably request.
Appears in 3 contracts
Sources: Subordinated Loan and Security Agreement (Essential Com Inc), Subordinated Loan and Security Agreement (Furniture Com Inc), Subordinated Loan and Security Agreement (Niku Corp)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following, in form and substance reasonably satisfactory to Lender:
(a) executed originals of the Agreement, Note(s), Warrant Agreement and any documents reasonably required by Lender to effectuate the liens of Lender, with respect to all Collateral;
(b) certified copy of resolutions of Borrower's board of directors evidencing approval of the borrowing and other transactions evidenced by the Loan DocumentsDocuments and the Warrant Agreement(s);
(c) certified copies of the Certificate of Incorporation and the Bylaws of BorrowerBylaws, as amended through the Closing Date, of Borrower;
(d) certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified would have a Material Adverse Effect;
(e) payment of the Facility Fee;
(f) such other documents as Lender may reasonably request.
Appears in 2 contracts
Sources: Subordinated Loan and Security Agreement (Docent Inc), Subordinated Loan and Security Agreement (Docent Inc)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following, in form and substance reasonably satisfactory to Lender:
(a) executed originals of the Agreement, Note(s)Note, Warrant Agreement and any documents reasonably required by Lender to effectuate the liens of Lender, with respect to all Collateral;
(b) certified copy of resolutions of Borrower's board of directors evidencing approval of the borrowing and other transactions evidenced by the Loan DocumentsDocuments and the Warrant Agreement(s);
(c) certified copies of the Certificate Articles of Incorporation and the Bylaws of BorrowerBylaws, as amended through the Closing Date, of Borrower;
(d) certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be the qualified would have a Material Adverse Effect;
(e) payment of the Facility Fee;
(f) such other documents as Lender may reasonably request.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Flycast Communications Corp)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following, in form and substance reasonably satisfactory to Lender:
(a) executed originals of the Agreement, Note(s), Warrant Agreement and any documents reasonably required by Lender to effectuate the liens of Lender, with respect to all Collateral;
(b) certified copy of resolutions of Borrower's Borrowers board of directors evidencing approval of the borrowing and other transactions evidenced by the Loan Documents;Documents and the Warrant Agreement(s):
(c) certified copies of the Certificate of Incorporation and the Bylaws of BorrowerBylaws, as amended through the Closing Date, of Borrower;
(d) certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified would have a Material Adverse Effect;
(e) payment of the Facility Fee;
(f) such other documents as Lender may reasonably request.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Neoforma Com Inc)