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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 17 contracts
Sources: Loan and Security Agreement (Ibasis Inc), Loan and Security Agreement (Pacific Biometrics Inc), Loan and Security Agreement (Systemsoft 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 15 contracts
Sources: Loan and Security Agreement (Chordiant Software Inc), Loan and Security Agreement (Silknet Software Inc), Loan and Security Agreement (Sonus Networks 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Loan and Security Agreement (Tegal Corp /De/), Loan and Security Agreement (Ribogene Inc / Ca/), Loan and Security Agreement (Tegal Corp /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 Articles/Certificate or 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, which default could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Subordination Agreement (Zindart LTD), Subordination Agreement (Intervisual Books Inc /Ca)
Due Authorization; No Conflict. The execution, delivery, and performance of the Loan lean 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Vista Medical Technologies Inc), Loan and Security Agreement (Vista Medical 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 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan and Security Agreement (Nuko Information Systems Inc /Ca/), Loan and Security Agreement (MMC Networks 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 BylawsBylaws (or similar constituent 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 agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
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 Articles/Articles or Certificate of Incorporation or Bylaws, 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. No Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Advanced Energy Industries Inc)
Due Authorization; No Conflict. The execution, delivery, and performance of the he 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 any Borrower's Articles/Certificate of Incorporation or Bylawsorganizational documents, 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. Except as disclosed in SCHEDULE A, no Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan Agreement (Moldflow 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 either Borrower's Articles/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. Borrower is Borrowers are not in default under any agreement to which it either Borrower is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and performance of the Loan Documents to which they are 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 Articles/Certificate of Incorporation or BylawsBorrowers' organizational documents, 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 boundbound which default could have a Material Adverse Effect. No Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents Document 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 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 material agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
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 such 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Electronic Designs 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. Borrower is not in default under any agreement to which it is a party party, or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
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 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have would have, or is likely to cause, a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Franklin Ophthalmic Instruments Co 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 and do not 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. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
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 Articles/Certificate Articles of Incorporation or Bylaws, 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 agreement to which it is a party or by which it is bound, which default could have a Material Adverse EffectEffect on the financial condition or business operations of such Borrower.
Appears in 1 contract
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. Borrower 14 is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Concord Communications Inc)
Due Authorization; No Conflict. The execution, delivery, and performance of the Exim 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 .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, which default could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Invision Technologies 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 such Borrower's Articles/Certificate Articles of Incorporation or BylawsBylaws (or similar constituent 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 agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan Agreement (Cymer 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 will not in conflict with nor with, and will not constitute a breach of of, any provision contained in Borrower's Articles/Certificate of Incorporation or Bylaws, nor will they such execution, delivery and performance constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
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 BylawsBylaws (or similar constituent 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 agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect. The execution, delivery, and performance of the Loan Documents do not require the consent of any Person which has not been obtained.
Appears in 1 contract
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 Incorporation, Bylaws, or other charter 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 agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
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 Organization or BylawsOperating 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 agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan and Security Agreement (Manhattan Associates Inc)