Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 143 contracts
Sources: Loan and Security Agreement (Vera Therapeutics, Inc.), Loan and Security Agreement (Soleno Therapeutics Inc), Loan and Security Agreement (Inhibrx Biosciences, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;.
Appears in 29 contracts
Sources: Business Loan and Security Agreement (Hub Cyber Security Ltd.), Business Loan and Security Agreement (Nuburu, Inc.), Business Loan and Security Agreement (Nuburu, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 19 contracts
Sources: Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Rockwell Medical, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 17 contracts
Sources: Loan and Security Agreement (Cogent Biosciences, Inc.), Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Neuronetics, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any material representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 6 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Reata Pharmaceuticals Inc), Loan and Security Agreement (Reata Pharmaceuticals Inc)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;.
Appears in 5 contracts
Sources: Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Ardelyx, Inc.)
Misrepresentations. Borrower or Borrower, any of its Subsidiaries Subsidiary or any Person acting for Borrower or any of its Subsidiaries Subsidiary makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or Agents, or to induce Collateral Agent and/or the Lenders or Agents to enter into this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made or deemed made;; or
Appears in 4 contracts
Sources: Loan and Security Agreement (Domo, Inc.), Loan and Security Agreement (Domo, Inc.), Loan and Security Agreement (Domo, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan DocumentLenders, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 4 contracts
Sources: Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries in connection with the transactions contemplated hereby makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 3 contracts
Sources: Loan and Security Agreement (Anaptysbio Inc), Loan and Security Agreement (Anaptysbio Inc), Loan and Security Agreement (Anaptysbio Inc)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other written statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other written statement is incorrect in any material respect when made;
Appears in 3 contracts
Sources: Loan and Security Agreement (Invitae Corp), Loan and Security Agreement (Invitae Corp), Loan and Security Agreement (Invitae Corp)
Misrepresentations. Any Borrower or any of its Subsidiaries or any Person acting for any Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 3 contracts
Sources: Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders Lenders, when taken as a whole, or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 3 contracts
Sources: Loan and Security Agreement (Prometheus Biosciences, Inc.), Loan and Security Agreement (Prometheus Biosciences, Inc.), Loan and Security Agreement (Prometheus Biosciences, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for at the direction or under the authority of Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 3 contracts
Sources: Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement statement, taken as a whole, now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 2 contracts
Sources: Loan and Security Agreement (Exagen Inc.), Loan and Security Agreement (Exagen Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, representation or warranty, or other statement now or later in this Agreement, any Loan Document or in any writing financial statements delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, representation or warranty, or other statement is incorrect in any material respect when mademade or when deemed to be made (or when repeated or deemed to be repeated);
Appears in 2 contracts
Sources: Loan and Security Agreement (Lombard Medical, Inc.), Loan and Security Agreement (Lombard Medical, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 2 contracts
Sources: Loan and Security Agreement (SOC Telemed, Inc.), Loan and Security Agreement (GenMark Diagnostics, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;.
Appears in 2 contracts
Sources: Subordinated Business Loan Agreement (Energous Corp), Subordinated Business Loan Agreement (Energous Corp)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made or deemed made;
Appears in 2 contracts
Sources: Loan and Security Agreement (Cytori Therapeutics, Inc.), Loan and Security Agreement (Cytori Therapeutics, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any other Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 2 contracts
Sources: Loan and Security Agreement (RxSight, Inc.), Loan and Security Agreement (RxSight, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries Loan Party or any Person acting for Borrower or any of its Subsidiaries Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 2 contracts
Sources: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Cerus Corp)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now of fact made by or later on behalf of Borrower or any of its Subsidiaries herein or in this Agreement, any other any Loan Document or delivered in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is of fact shall be incorrect in any material respect when made;
Appears in 2 contracts
Sources: Loan and Security Agreement (Pliant Therapeutics, Inc.), Loan and Security Agreement (Pliant Therapeutics, Inc.)
Misrepresentations. Borrower Borrower, any Loan Party, or any of its their respective Subsidiaries or any Person acting for Borrower Borrower, any Loan Party or any of its their respective Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 2 contracts
Sources: Loan and Security Agreement (Iterum Therapeutics PLC), Loan and Security Agreement
Misrepresentations. Borrower Holdings or any of its Subsidiaries or any Person acting for Borrower Holdings or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 1 contract
Sources: Loan and Security Agreement (Senseonics Holdings, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;; 16
Appears in 1 contract
Sources: Loan and Security Agreement (Mersana Therapeutics, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;; 8.9
Appears in 1 contract
Misrepresentations. Borrower or any of its Subsidiaries or any authorized Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 1 contract
Sources: Loan and Security Agreement (Cardiva Medical, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders Lender or to induce Collateral Agent and/or the Lenders Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 1 contract
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole and to Borrower’s knowledge, is incorrect in any material respect when made;.
Appears in 1 contract
Sources: Business Loan and Security Agreement (Urban-Gro, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person officer or director of Borrower acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders in connection with this Agreement or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 1 contract
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;made;
Appears in 1 contract
Sources: Loan and Security Agreement (scPharmaceuticals Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;Loan
Appears in 1 contract
Misrepresentations. A Borrower or any of its Subsidiaries or any Person acting for such Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;.
Appears in 1 contract
Sources: Loan and Security Agreement (Ligand Pharmaceuticals Inc)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document (other than the Warrants) or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan DocumentDocument (other than the Warrants), and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;
Appears in 1 contract
Sources: Loan and Security Agreement (Restoration Robotics, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made or deemed made;
Appears in 1 contract
Misrepresentations. The Borrower or any of its Subsidiaries or any Person acting for the Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Agent and/or the Lenders or to induce Administrative Agent, Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;.
Appears in 1 contract
Sources: Senior Secured Loan and Security Agreement (Reed's, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders Lenders, when taken as a whole, or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 1 contract
Sources: Loan and Security Agreement (Conatus Pharmaceuticals Inc)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan 31 Document or in any writing delivered to Collateral Agent and/or the Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made;.
Appears in 1 contract
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or to induce Collateral Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole with other such representations, is incorrect in any material respect when made;
Appears in 1 contract
Misrepresentations. Borrower or Borrower, any of its Subsidiaries Subsidiary or any Person acting for Borrower or any of its Subsidiaries Subsidiary makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders or Agents, or to induce Collateral Agent and/or the CreditAmended and Restated Loan and Security Agreement – Domo, Inc. Lenders or Agents to enter into this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made or deemed made;; or
Appears in 1 contract
Sources: Loan Agreement (Domo, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Agent and/or Lenders the Lender or to induce Collateral Agent and/or the Lenders Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 1 contract
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral Administrative Agent and/or Lenders or to induce Collateral Administrative Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 1 contract
Sources: Loan and Security Agreement (Puma Biotechnology, Inc.)
Misrepresentations. Borrower or any of its Subsidiaries or any Person acting for Borrower or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Collateral the Agent and/or Lenders or any Lender, or to induce Collateral the Agent and/or the Lenders or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;
Appears in 1 contract