Common use of Due Authorization; No Conflict Clause in Contracts

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 81 contracts

Sources: Loan and Security Agreement (Maze Therapeutics, Inc.), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 52 contracts

Sources: Loan and Security Agreement (NewAge, Inc.), Loan and Security Agreement (Imageware Systems Inc), Loan and Security Agreement (On24 Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 51 contracts

Sources: Loan and Security Agreement (Seebeyond Technology Corp), Loan and Security Agreement (N2h2 Inc), Loan and Security Agreement (Sagent Technology Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 45 contracts

Sources: Loan and Security Agreement (Zedge, Inc.), Loan and Security Agreement (Fennec Pharmaceuticals Inc.), Loan and Security Agreement (Quicklogic Corporation)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 24 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (Hubspot Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 20 contracts

Sources: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (iSpecimen Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 15 contracts

Sources: Loan Agreement (Acorn Energy, Inc.), Loan and Security Agreement (LOCAL.COM), Loan Agreement (Lucid Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 8 contracts

Sources: Loan and Security Agreement (Ditech Communications Corp), Loan Agreement (Chromavision Medical Systems Inc), Loan and Security Agreement (Crystal Decisions Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Certificate/Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 7 contracts

Sources: Loan and Security Agreement (Imperalis Holding Corp.), Loan and Security Agreement, Loan and Security Agreement (DPW Holdings, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s By-laws and Articles, Certificate of Incorporation Incorporation, Articles of Organization, Partnership Agreement, Trust Agreement, or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement by to which Borrower is bound. Borrower is not in default under any agreement a party or by which it is its properties or assets may be bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 5 contracts

Sources: Loan and Security Agreement (Visualant Inc), Loan and Security Agreement (Andalay Solar, Inc.), Loan and Security Agreement (T3 Motion, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 5 contracts

Sources: Loan and Security Agreement (Nuvasive Inc), Loan and Security Agreement (Spy Optic Inc), Loan and Security Agreement (Pumatech Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 5 contracts

Sources: Convertible Loan and Security Agreement (Lc Capital Master Fund LTD), Loan and Security Agreement (Bridgepoint Education Inc), Loan and Security Agreement (Bridgepoint Education Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in a Borrower’s Certificate Certificate/Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which a Borrower is a party or by which a Borrower is bound. No Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 4 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (Uni-Pixel)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within such Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s each Borrowers' Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which any Borrower is a party or by which any Borrower is bound. No Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such bound which default has not had and would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 4 contracts

Sources: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which a Borrower is a party or by which a Borrower is bound. No Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Auxilio Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Electroglas Inc), Loan and Security Agreement (Iceweb Inc), Loan and Security Agreement (Iceweb Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are do not in conflict with nor constitute a breach of violate any provision contained in of Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Genoptix Inc), Loan Agreement (Qad Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Articles or Certificate of Incorporation (as applicable) or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Trupanion Inc.), Loan and Security Agreement (Trupanion Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Except as disclosed in the Schedule, Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within such Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or BylawsOrganizational Documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default in any material respect under any material agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Articles or Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Jl Halsey Corp), Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Lyris, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc), Loan Agreement (Diversa Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within such Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which such Borrower is bound. Such Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Vitalstream Holdings Inc), Loan and Security Agreement (Trubion Pharmaceuticals, Inc), Loan and Security Agreement (Source Energy Corp /Ut/)

Due Authorization; No Conflict. The execution, delivery, and performance by Borrower of the Loan Documents are within Borrower’s corporate powers, have been duly authorizedauthorized by Borrower, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (CareDx, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Silicon Image Inc), Loan and Security Agreement (Superconductor Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or BylawsOrganizational Documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Casper Sleep Inc.), Loan and Security Agreement (Casper Sleep Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents to which Borrower is a party are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Siebert Financial Corp), Loan and Security Agreement (Siebert Financial Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Evolve Software Inc), Loan and Security Agreement (Evolve Software Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any material agreement by which it is bound, except to the extent such which default would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Asyst Technologies Inc /Ca/), Loan and Security Agreement (Asyst Technologies Inc /Ca/)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents by Borrower are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within the Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in the Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which the Borrower is bound. The Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate certificate of Incorporation incorporation or Bylawsbylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which any Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorizedauthorized by Borrower, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate certificate of Incorporation incorporation or Bylawsbylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorizedauthorized by ▇▇▇▇▇▇▇▇, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Aurion Biotech, Inc.), Loan and Security Agreement (Aurion Biotech, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Physicians Insurance Co of Ohio), Loan and Security Agreement (Pc Quote Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Us Search Corp Com), Loan and Security Agreement (Us Search Corp Com)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Vastera Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not could reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (At Home Corp), Loan and Security Agreement (Va Linux Systems Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under tinder any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Auspex Pharmaceuticals, Inc.), Loan and Security Agreement (Auspex Pharmaceuticals, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents and the request for each Advance hereunder are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or BylawsCharter Documents, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan Agreement (Fifth Street Senior Floating Rate Corp.), Loan and Security Agreement (CION Investment Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Bazaarvoice Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or BylawsBy-laws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Vtel Corp), Loan and Security Agreement (Vtel Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation Incorporation, bylaws or Bylawsother organizational documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Carbonite Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation Incorporation, Bylaws, or BylawsLimited Liability Company Agreement, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (ThredUp Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Amended and Restated Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate of Incorporation Incorporation, Certificate of Formation, Bylaws or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement by which such Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of a material default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in material default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Usa Technologies Inc), Loan and Security Agreement (Usa Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's By-laws and Articles, Certificate of Incorporation Incorporation, Articles of Organization, Partnership Agreement, Trust Agreement, or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement by to which Borrower is bound. Borrower is not in default under any agreement a party or by which it is its properties or assets may be bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Vertical Branding, Inc.), Loan and Security Agreement (Mendocino Brewing Co Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in each Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which a Borrower is a party or by which a Borrower is bound. No Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Telkonet Inc), Loan and Security Agreement (True Drinks Holdings, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. , Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan Agreement (Reliant Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Force10 Networks Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s Borrowers’ powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which such Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Inphonic Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation Organization or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement by which Borrower is bound. , Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Indie Semiconductor, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents by Borrower are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (908 Devices Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Memorandum of Incorporation or BylawsAssociation, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any material agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Vistaprint LTD)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in either Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Citadel Security Software Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Borrowers’ Certificates of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which any Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Jamdat Mobile Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, Bylaws nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Netgear Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsany Charter Document, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan Agreement (Safeguard Scientifics Inc Et Al)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any material agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Opentable Inc)

Due Authorization; No Conflict. The execution, delivery, delivery and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, authorized and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent that such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan Agreement (PogoTec, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Nanometrics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default in any material respect under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Patient Infosystems Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate articles of Incorporation incorporation or Bylawsbylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Usa Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s Borrowers’ powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in either Borrower’s Certificate of Incorporation or Bylawsconstating documents, nor will they constitute an event of default under any material agreement by which either Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Proteinsimple)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. To the best of Borrower’s knowledge, Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (MobileSmith, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within such Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement to which such Borrower is a party or by which such Borrower is bound. Such Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Northern Star Acquisition Corp.)

Due Authorization; No Conflict. The execution, delivery, and performance of this Amendment and the Loan Documents are within Borrower’s the Borrowers’ powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or BylawsBorrowers’ organizational documents, nor will they constitute an event of default under any material agreement by which either Borrower is bound. Borrower is Borrowers are not in default under any agreement by which it is they are bound, except to the extent such default would not reasonably reasonable be expected excepted to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Roka BioScience, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s By-laws and Articles, Certificate of Incorporation Incorporation, Alticles of Organization, Partnership Agreement, Trust Agreement, or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement by to which Borrower is bound. Borrower is not in default under any agreement a party or by which it is its properties or assets may be bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (DecisionPoint Systems, Inc.)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------- performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Citadel Security Software Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s Borrowers' powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which such Borrower is bound. Neither Borrower is not in default under any agreement by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Inphonic Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Amended and Restated Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Focus Enhancements Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in each Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which a Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate certificate of Incorporation incorporation or Bylawsbylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan Agreement (Poniard Pharmaceuticals, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within with Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (First Virtual Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Amended and Restated Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a WEST\258936541.7 breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Maxwell Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate or Articles of Incorporation Incorporation, as applicable, or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Media Arts Group Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which such Borrower is bound. Each Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Limeade, Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's corporate powers, have been duly authorizedauthorized by Borrower, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Orasure Technologies Inc)

Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate 's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Onsale Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation 's Charter or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan Agreement (Advanced Technology Materials Inc /De/)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they the execution, delivery, and performance of the Loan Documents constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent where such event of default would not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Qumu Corp)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement Material Contract to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement Material Contract to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Optex Systems Holdings Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Motive Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s 's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s 's Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Juno Online Services Inc)

Due Authorization; No Conflict. The execution, delivery, delivery and performance of the Loan Documents are within Borrower’s Borrowers’ powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in each Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which any Borrower is bound. Neither Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan Agreement (PointClickCare Corp.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which such Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Everside Health Group, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s Borrowers' powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or BylawsBorrowers' organizational documents, nor will they constitute an event of default under any material agreement by which either Borrower is bound. Borrower is Borrowers are not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Pfsweb Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.,

Appears in 1 contract

Sources: Loan and Security Agreement (Varonis Systems Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsany Charter Document, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, except to the extent such which default would not reasonably be expected to cause could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan Agreement (Safeguard Scientifics Inc)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within each Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower’s Certificate Articles (or Certificate, as applicable) of Incorporation or BylawsBylaws (or Operating Agreement, as applicable), nor will they constitute an event of default under any material agreement by which such Borrower is bound. No Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Everyday Health, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Articles or Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Ekso Bionics Holdings, Inc.)

Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents are within Borrower’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower’s Certificate of Incorporation or Bylawsorganizational documents, nor will they constitute an event of default under any material agreement by which Borrower is bound. Borrower is not in default under any agreement by which it is bound, except to the extent such default would not reasonably be expected to cause a Material Adverse EffectChange.

Appears in 1 contract

Sources: Subordinated Term Loan and Security Agreement (Sonim Technologies Inc)