Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following: (a) executed originals of the Agreement, [Note(s)], 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 and the Warrant Agreement(s); (c) certified copies of the [Articles/Certificate of Incorporation] and the Bylaws, 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 (Vignette Corp)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following:
(a) executed originals of the Agreement, [Note(s)], the 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 and the Warrant Agreement(s);
(c) certified copies of the [Articles/Certificate of Incorporation] Incorporation and the Bylaws, 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 (Packeteer Inc)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following:
(a) executed originals of the Agreement, [Note(s)], the 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 and the Warrant Agreement(s);
(c) certified copies of the [Articles/Certificate Articles of Incorporation] Incorporation and the Bylaws, 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 (Cacheflow Inc)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following:
(a) executed originals of the Agreement, [Note(s)]the Warrant Agreement attached hereto as Exhibit B-1, 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 and the Warrant Agreement(s);
(c) certified copies of the [Articles/Certificate Articles of Incorporation] Incorporation and the Bylaws, 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 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 (Nextcard Inc)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following:
(a) executed originals of the Agreement, [Note(s)], 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 and the Warrant Agreement(s)) as certified by the Secretary of the Company;
(c) certified copies of the [Articles/Certificate of Incorporation] Incorporation and the Bylaws, 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 FeeFee for Part I;
(f) such other documents as Lender may reasonably request.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Iown Holdings Inc)
Document Delivery. Borrower, on or prior to the Closing Date, shall have delivered to Lender the following:
(a) executed originals of the Agreement, [Note(s)]the Warrant Agreement, the Subordination 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 and the Warrant Agreement(s);
(c) certified copies of the [Articles/Certificate of Incorporation] Incorporation and the Bylaws, 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) financial forecast;
(g) such other documents as Lender may reasonably request.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Homegrocer Com Inc)