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 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 except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without Borrower's or other party's consent and the Loan Documents constitute an assignment Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Sources: Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage 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 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 to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Alteon Websystems Inc), Loan and Security Agreement (Cygnus Inc /De/), Loan and Security Agreement (Cardiac Pathways 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 Articles/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 to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi 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 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 except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to could have a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (Visioneer Inc), Loan and Security Agreement (Freemarkets Inc), Loan and Security Agreement (Innerdyne 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 to which Borrower is a party or by which Borrower is bound except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Annual Report, Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Lightwaves 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 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 to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Senior Subordinated Loan and Security Agreement (Ross Technology Inc), Loan and Security Agreement (Ross 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 Articles/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 to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Loan and Security Agreement (Brio Technology Inc), Loan and Security Agreement (Photon Dynamics 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 to which Borrower is a party or by which Borrower is bound except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (E Piphany 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 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 to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment consent. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Interwoven 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 to which Borrower is a party or by which Borrower is bound except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (E Loan 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 to which Borrower is a party or by which Borrower is bound except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment consent. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Vidamed 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 to which Borrower is a party or by which Borrower is bound except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without Borrower▇▇▇▇▇▇▇▇'s or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Annual Report

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 to which Borrower is a party or by which Borrower is bound bound, except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without Borrower's or other party's consent and the Loan Documents constitute an assignment Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to have a Material Adverse Effectassignment.

Appears in 1 contract

Sources: Loan and Security Agreement (Integrated Packaging Assembly 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 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 except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Astea International 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 to which Borrower is a party or by which Borrower is bound bound; except to the extent that certain intellectual property agreements prohibit the assignment of the rights thereunder to a third party without the Borrower's or other party's consent and the Loan Documents constitute an assignment assignment. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default would reasonably be expected to could have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (Broadvision Inc)