Information Certificate. The Agent shall have received a fully completed Information Certificate, in form and substance reasonably satisfactory to the Agent, dated as of the Tranche 2 Borrowing Date, which shall be true and correct as of such date, duly executed and delivered by a Responsible Officer of the Borrower; provided that the Borrower may supplement all or any portion of the Information Certificate delivered on the Closing Date in order to satisfy this Section 6.02(b) as of such date; provided, further that no such supplement shall be permitted if the Agent reasonably determines that the circumstance or event necessitating such supplement either (i) was the result of the occurrence and continuance of an Event of Default, or (ii) constituted a Material Adverse Effect or (with respect to any supplement that does not reflect an action or transaction permitted by this Agreement) was otherwise materially adverse to the interests of the Lenders under the Loan Documents. All documents and agreements required to be appended to the Information Certificate, if any, shall be in form and substance reasonably satisfactory to the Agent, shall have been executed and delivered by the Borrower and shall be in full force and effect.
Appears in 2 contracts
Sources: Credit Agreement (Oyster Point Pharma, Inc.), Credit Agreement (Oyster Point Pharma, Inc.)
Information Certificate. The Agent shall have received a fully completed Information Certificate, in form and substance reasonably satisfactory to the Agent, dated as of the Tranche 2 3 Borrowing Date, which shall be true and correct as of such date, duly executed and delivered by a Responsible Officer of the Borrower; provided that the Borrower may supplement all or any portion of the Information Certificate delivered on the Closing Tranche 2 Borrowing Date as reasonably necessary in order to satisfy this Section 6.02(b6.03(b) as of such date; provided, further that no such supplement shall be permitted if the Agent reasonably determines that the circumstance or event necessitating such supplement either (i) was the result of the occurrence and continuance of an Event of Default, Default or (ii) constituted a Material Adverse Effect or (with respect to any supplement that does not reflect an action or transaction permitted by this Agreement) was otherwise materially adverse to the interests of the Lenders under the Loan Documents. All documents and agreements required to be appended to the Information Certificate, if any, shall be in form and substance reasonably satisfactory to the Agent, shall have been executed and delivered by the Borrower and shall be in full force and effect.
Appears in 2 contracts
Sources: Credit Agreement (Oyster Point Pharma, Inc.), Credit Agreement (Oyster Point Pharma, Inc.)