Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 58 contracts
Sources: Loan and Security Agreement (Contineum Therapeutics, Inc.), Loan and Security Agreement (Singular Genomics Systems, Inc.), Loan and Security Agreement (1Life Healthcare Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 29 contracts
Sources: Loan and Security Agreement (Homology Medicines, Inc.), Loan and Security Agreement (DiCE MOLECULES HOLDINGS, LLC), Loan and Security Agreement (Liquidia Corp)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 19 contracts
Sources: Loan and Security Agreement (Impinj Inc), Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Everspin Technologies Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000).
Appears in 13 contracts
Sources: Loan and Security Agreement (Spruce Biosciences, Inc.), Loan and Security Agreement (Spruce Biosciences, Inc.), Loan and Security Agreement (Avidity Biosciences, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000.00).
Appears in 11 contracts
Sources: Loan and Security Agreement (Frequency Therapeutics, Inc.), Loan and Security Agreement (Selecta Biosciences Inc), Loan and Security Agreement (Mersana Therapeutics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,000150,000).
Appears in 7 contracts
Sources: Loan and Security Agreement (BioAge Labs, Inc.), Loan and Security Agreement, Loan and Security Agreement (Ooma Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 7 contracts
Sources: Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Peregrine Pharmaceuticals Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000).
Appears in 6 contracts
Sources: Loan and Security Agreement (Medallia, Inc.), Loan and Security Agreement (Medallia, Inc.), Loan and Security Agreement (Sienna Biopharmaceuticals, Inc.)
Inventory; Returns. Keep Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall account debtors will follow Borrower’s 's customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)50,000.
Appears in 6 contracts
Sources: Loan and Security Agreement (Jamdat Mobile Inc), Loan and Security Agreement (Novacept Inc), Loan and Security Agreement (Imagex Com Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s 's customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 5 contracts
Sources: Loan and Security Agreement (Envision Solar International, Inc.), Loan and Security Agreement (Cardionet Inc), Loan and Security Agreement (Specialized Health Products International Inc)
Inventory; Returns. Keep all material Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 5 contracts
Sources: Loan and Security Agreement (Miragen Therapeutics, Inc.), Loan and Security Agreement (Signal Genetics, Inc.), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)50,000.00.
Appears in 4 contracts
Sources: Loan and Security Agreement (Myomo, Inc.), Loan and Security Agreement (6d Bytes Inc.), Loan and Security Agreement (Candel Therapeutics, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,000150,000.00).
Appears in 4 contracts
Sources: Loan and Security Agreement (Borderfree, Inc.), Loan and Security Agreement (Borderfree, Inc.), Loan and Security Agreement (Imprivata Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000).
Appears in 4 contracts
Sources: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Chimerix Inc), Loan and Security Agreement (908 Devices Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Collateral Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)) individually or in the aggregate in any calendar year.
Appears in 4 contracts
Sources: Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Three Hundred Thousand Dollars ($100,000300,000).
Appears in 4 contracts
Sources: Loan and Security Agreement (Acacia Communications, Inc.), Loan and Security Agreement (Acacia Communications, Inc.), Loan and Security Agreement (Acacia Communications, Inc.)
Inventory; Returns. Keep Borrowers will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between any Borrower and its Account Debtors shall account debtors will follow each Borrower’s customary practices as they exist at the Effective Dateexecution of this Agreement. Borrower Company must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than One Hundred Thousand Dollars ($100,000)200,000.
Appears in 3 contracts
Sources: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000) (measured as to any single return, recovery, dispute or claim, and not in the aggregate at such time).
Appears in 3 contracts
Sources: Loan and Security Agreement (SI-BONE, Inc.), Loan and Security Agreement (SI-BONE, Inc.), Loan and Security Agreement (SI-BONE, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims relating to Inventory or the sale of goods that involve more than One Two Hundred Thousand Dollars ($100,000200,000), measured in book value with respect to returns of Inventory.
Appears in 3 contracts
Sources: Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 3 contracts
Sources: Loan and Security Agreement (AxoGen, Inc.), Loan and Security Agreement (Bacterin International Holdings, Inc.), Loan and Security Agreement (Tribute Pharmaceuticals Canada Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 3 contracts
Sources: Subordinated Loan and Security Agreement (Everyday Health, Inc.), Loan and Security Agreement (Chimerix Inc), Loan and Security Agreement (Chimerix Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank Agent and/or the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)100,000.00.
Appears in 3 contracts
Sources: Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.), Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.), Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices in the industry in which Borrower operates, substantially as they exist at the Effective Closing Date. Borrower must promptly notify Bank Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000.00).
Appears in 3 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Omeros Corp), Loan and Security Agreement (Omeros Corp)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 3 contracts
Sources: Loan and Security Agreement (GlobalOptions Group, Inc.), Loan and Security Agreement (Paradigm Holdings, Inc), Loan and Security Agreement (Axs One Inc)
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000.00).
Appears in 3 contracts
Sources: Loan and Security Agreement (Aprimo, INC), Loan and Security Agreement (Art Technology Group Inc), Loan and Security Agreement (NMS Communications Corp)
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s 's customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims claims, that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000.00).
Appears in 3 contracts
Sources: Term Loan and Security Agreement (A123 Systems Inc), Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000.00).
Appears in 3 contracts
Sources: Loan and Security Agreement (Control4 Corp), Loan and Security Agreement (Alvarion LTD), Loan and Security Agreement (Finisar Corp)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Eidos Therapeutics, Inc.), Loan and Security Agreement (Eloxx Pharmaceuticals, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices in the ordinary course of business which shall be consistent with customary practice for companies of similar size and in the same, or related, industry as they exist at the Effective DateBorrower. Borrower must promptly notify Bank Collateral Agent and the Lenders of all returns, recoveries, disputes and claims in connection with Inventory that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Nalu Medical, Inc.), Loan and Security Agreement (Nalu Medical, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist (or substantially similar to such practices as conducted) at the Effective Closing Date. Borrower must promptly notify Bank Lender of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Cerus Corp)
Inventory; Returns. Keep Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall account debtors will follow Borrower’s customary practices practices, as they exist at the Effective Dateexecution of this Agreement. Borrower must promptly notify Bank of all returnsreturns (other than products returned in conjunction with product upgrades), recoveries, disputes and claims that involve more than One Hundred Thousand Dollars $250,000 in the aggregate in any twelve ($100,000)12) month period.
Appears in 2 contracts
Sources: Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Netlogic Microsystems Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s customary practices as they exist at the Effective Datepractices. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than One Hundred Thousand Dollars ($100,000)250,000.
Appears in 2 contracts
Sources: Loan and Security Agreement (Equinix Inc), Loan and Security Agreement (Equinix Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Genocea Biosciences, Inc.), Loan and Security Agreement (Cimetrix Inc)
Inventory; Returns. Keep all Inventory in good and marketable conditioncondition in all substantial respects, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000).
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Axonics Modulation Technologies, Inc.)
Inventory; Returns. Keep all Inventory inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date, absent Bank’s consent, not to be unreasonably withheld. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Intellon Corp), Loan and Security Agreement (Intellon Corp)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims in connection with Inventory that involve more than One Five Hundred Thousand Dollars ($100,000500,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Livongo Health, Inc.), Loan and Security Agreement (Livongo Health, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective DateDate or as modified from time to time with notice thereof to Bank. Borrower must promptly notify Bank of all returns, recoveries, disputes and written claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Alimera Sciences Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)the Threshold Amount.
Appears in 2 contracts
Sources: Term Loan and Security Agreement (Meru Networks Inc), Term Loan and Security Agreement (Meru Networks Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Lender of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,000150,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Channeladvisor Corp)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Augmedix, Inc.), Loan and Security Agreement (Singular Genomics Systems, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Million Dollars ($100,0001,000,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (RingCentral Inc), Loan and Security Agreement (Alvarion LTD)
Inventory; Returns. Keep all Inventory in good and marketable conditioncondition in all material respects, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)outside the ordinary course of business.
Appears in 2 contracts
Sources: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)300,000.00.
Appears in 2 contracts
Sources: Loan and Security Agreement (Ibotta, Inc.), Loan and Security Agreement (Ibotta, Inc.)
Inventory; Returns. Keep Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall account debtors will follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)50,000.
Appears in 2 contracts
Sources: Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Click2learn Com Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Collateral Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Tranzyme Inc), Loan and Security Agreement (Apex Bioventures Acquisition Corp)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Three Hundred Fifty Thousand Dollars ($100,000350,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Ignyta, Inc.), Loan and Security Agreement (Yodle Inc)
Inventory; Returns. Keep Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall account debtors will follow Borrower’s Borrower s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)150,000.
Appears in 2 contracts
Sources: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims claims, that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.)
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims claims, that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000.00).
Appears in 2 contracts
Sources: Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (Cavium Networks)
Inventory; Returns. Keep all Inventory Inventory, if any, in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Regado Biosciences Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defectsdefects (excluding Experimental Compounds). Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Pandion Therapeutics Holdco LLC), Loan and Security Agreement (Pandion Therapeutics Holdco LLC)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Datepractices. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Million Dollars ($100,0001,000,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Caliper Life Sciences Inc), Loan and Security Agreement (Caliper Life Sciences Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all Inventory returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all Inventory returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that Borrower reasonably believes involve more than One Hundred Thousand Dollars ($100,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Ceres, Inc.), Loan and Security Agreement (Ceres, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Lender of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (Metabasis Therapeutics Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. ; provided that for those that do not follow Borrower’s customary practices, Borrower must promptly notify Bank Agent of all such returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000.00).
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Avalara Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve individually or in the aggregate more than One Hundred Fifty Thousand Dollars ($100,000150,000).
Appears in 2 contracts
Sources: Loan Agreement (Veracyte, Inc.), Loan and Security Agreement (Veracyte, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)[****].
Appears in 2 contracts
Sources: Loan and Security Agreement (Stemcells Inc), Loan and Security Agreement (Stemcells Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Tenaya Therapeutics, Inc.), Loan and Security Agreement (Savara Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its their Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Collateral Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)) individually or in the aggregate in any calendar year.
Appears in 2 contracts
Sources: Loan and Security Agreement (Achaogen Inc), Loan and Security Agreement (Sunesis Pharmaceuticals Inc)
Inventory; Returns. Keep all material Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Datepractices. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Luca Technologies Inc), Loan and Security Agreement (Luca Technologies Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Lender of all returns, recoveries, disputes and claims that involve more than One Three Hundred Thousand Dollars ($100,000300,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Novelion Therapeutics Inc.), Loan and Security Agreement (Novelion Therapeutics Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000).
Appears in 2 contracts
Sources: Loan and Security Agreement (Serve Robotics Inc. /DE/), Loan and Security Agreement (Direct Digital Holdings, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s 's customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000500,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Collateral Agent of all returns, recoveries, disputes and claims that involve more than One Five Hundred Thousand Dollars ($100,000)500,000) individually or in the aggregate in any calendar year.
Appears in 1 contract
Sources: Loan and Security Agreement (Anacor Pharmaceuticals, Inc.)
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s 's customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000.00)." and inserting in lieu thereof:
Appears in 1 contract
Sources: Loan Modification Agreement (Critical Therapeutics Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower Borrowers and its Account Debtors shall follow Borrower’s Borrowers’ customary practices as they exist at the Effective Date. Borrower Borrowers must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between a Borrower and its Account Debtors shall follow such Borrower’s customary practices as they exist at the Effective Date. Each Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)) per occurrence.
Appears in 1 contract
Sources: Loan and Security Agreement (MRV Communications Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims with respect to Inventory that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Collateral Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)) individually or in the aggregate in any fiscal year.
Appears in 1 contract
Sources: Loan and Security Agreement (SafeStitch Medical, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between each Borrower and its Account Debtors shall follow such Borrower’s customary practices as they exist at the Effective Date. Borrower Borrowers must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims regarding products or services sold or otherwise provided that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its their Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Collateral Agent of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000)250,000.00) individually or in the aggregate in any calendar year.
Appears in 1 contract
Sources: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000.00).” and inserting in lieu thereof:
Appears in 1 contract
Sources: Loan Modification Agreement (Critical Therapeutics Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000)250,000.00) of Inventory.
Appears in 1 contract
Sources: Loan and Security Agreement (Apellis Pharmaceuticals, Inc.)
Inventory; Returns. Keep Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall account debtors will follow Borrower’s customary practices as they exist at the Effective Dateexecution of this Agreement. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims claims, that involve more than One Hundred Thousand Dollars ($100,000)300,000 in the aggregate in any one fiscal year.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returnsany return, recoveriesrecovery, disputes dispute and claims non-frivolous claim that involve could reasonably be expected to result in losses or damages of more than One Hundred Thousand Dollars ($100,000)1,000,000.
Appears in 1 contract
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable conditioncondition in all material respects, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent and the Lenders of all returns, recoveries, disputes disputes, and claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 1 contract
Sources: Credit and Security Agreement (ScanTech AI Systems Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s 's customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Lender of all returns, recoveries, disputes and claims that on an individual basis involve more than One Hundred Fifty Thousand Dollars ($100,00050,000).
Appears in 1 contract
Sources: Loan and Security Agreement (Lightning eMotors, Inc.)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices in the industry in which Borrower operates, substantially as they exist at the Effective Closing Date. Borrower must promptly notify Bank Lender of all returns, recoveries, disputes and claims that involve more than One (x) Two Hundred Fifty Thousand Dollars ($250,000) from the Closing Date through 2013; and (y) Five Hundred Thousand Dollars ($100,000)500,000) thereafter.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s 's customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,000150,000).
Appears in 1 contract
Inventory; Returns. Keep Borrower will keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall account debtors will follow Borrower’s customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returnseach return, recoveriesrecovery, disputes dispute and claims claim that involve involves more than One Hundred Thousand Dollars ($100,000)500,000.
Appears in 1 contract
Inventory; Returns. Keep Borrower shall keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors account debtors shall follow Borrower’s 's customary practices as they exist at the Effective Closing Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Thousand Dollars ($100,000200,000.00).
Appears in 1 contract
Sources: Loan and Security Agreement (Bottomline Technologies Inc /De/)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower Debtor and its Account Debtors shall follow BorrowerDebtor’s customary practices as they exist at the Effective DateDate or as modified from time to time with notice thereof to Bank. Borrower Debtor must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank each Lender of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defectsdefects (other than resulting from any casualty or any taking under power of eminent domain or by condemnation). Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)300,000.00.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defectsdefects other than that Inventory held for refurbishment or repair. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Fifty Thousand Dollars ($100,00050,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims regarding inventory that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s 's customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000100,000.00).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Agent of all returns, recoveries, disputes and written claims that involve more than One Hundred Thousand Dollars ($100,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at in the Effective Dateordinary course. Borrower must shall promptly notify Bank of all returns, recoveries, disputes disputes, and claims that involve more than One Hundred Thousand Dollars ($100,000)150,000.00.
Appears in 1 contract
Inventory; Returns. Keep substantially all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must shall promptly notify Bank Collateral Agent of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)) individually or in the aggregate in any calendar year.
Appears in 1 contract
Sources: Loan and Security Agreement (Ligand Pharmaceuticals Inc)
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s 's customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank Collateral Agent and the Lenders of all returns, recoveries, disputes and claims that involve more than One Three Hundred Fifty Thousand Dollars ($100,000350,000).
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Hundred Thousand Dollars ($100,000)250,000.
Appears in 1 contract
Inventory; Returns. Keep all Inventory in good and marketable condition, free from material defects. Returns and allowances between Borrower and its Account Debtors shall follow Borrower’s 's customary practices as they exist at the Effective Date. Borrower must promptly notify Bank of all returns, recoveries, disputes and claims that involve more than One Two Hundred Fifty Thousand Dollars ($100,000250,000.00).
Appears in 1 contract
Sources: Loan and Security Agreement (NxStage Medical, Inc.)