Subsequent Advance. Lender shall not be required to make the Subsequent Advance, unless on the applicable Borrowing Date: (a) No Event of Default of Default shall have occurred and be continuing or would result from the Subsequent Advance; (b) Borrower shall have filed with the SEC, and shall not have withdrawn, the Form S-4. (c) The Merger Agreement shall be in full force and effect. (d) There shall not have occurred a Material Adverse Effect. (e) At least five (5) Business Days shall have elapsed since Borrower shall have furnished to Lender a Borrowing Notice. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by Borrower that all of the conditions contained in this Section 4.2 have been satisfied.
Appears in 2 contracts
Sources: Credit Agreement (Cancer Genetics, Inc), Credit Agreement