Common use of Insolvency Clause in Contracts

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 131 contracts

Samples: Loan and Security Agreement (6d Bytes Inc.), Loan and Security Agreement (Thayer Ventures Acquisition Corp), Loan and Security Agreement (On24 Inc.)

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Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 113 contracts

Samples: Loan and Security Agreement (GSV Capital Corp.), Loan and Security Agreement (Thomas Weisel Partners Group, Inc.), Loan and Security Agreement (California Micro Devices Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 61 contracts

Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Xilio Therapeutics, Inc.), Loan and Security Agreement (Indie Semiconductor, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 44 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (Diamond Eagle Acquisition Corp. \ DE)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 35 contracts

Samples: Loan and Security Agreement (Systemsoft Corp), Loan and Security Agreement (Freemarkets Inc), Loan and Security Agreement (Vista Medical Technologies Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 33 contracts

Samples: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 22 contracts

Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Deltagen Inc), Loan and Security Agreement (Threshold Pharmaceuticals Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 18 contracts

Samples: Loan and Security Agreement (Faxsav Inc), Loan Agreement (Centigram Communications Corp), Loan and Security Agreement (3dfx Interactive Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 18 contracts

Samples: Loan and Security Agreement (Northern Star Acquisition Corp.), Loan and Security Modification Agreement (Winc, Inc.), Loan and Security Agreement (Winc, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 16 contracts

Samples: Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.), Loan and Security Agreement (Berkeley Lights, Inc.)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions Advances will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 14 contracts

Samples: Loan and Security Agreement (Legato Systems Inc), Loan and Security Agreement (Taser International Inc), Loan and Security Agreement (Castelle \Ca\)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 14 contracts

Samples: Loan and Security Agreement (Visioneer Inc), Loan and Security Agreement (Qualmark Corp), Loan and Security Agreement (Rf Micro Devices Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 11 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Legalzoom Com Inc), Loan and Security Agreement (Optex Systems Holdings Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be required to be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 11 contracts

Samples: Loan and Security Agreement (Computer Software Innovations Inc), Loan and Security Agreement (Computer Software Innovations Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 9 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Igi Laboratories, Inc), Loan and Security Agreement (Masergy Communications Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Loans will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 9 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (Harmonic Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 8 contracts

Samples: Loan and Security Agreement (Silknet Software Inc), Loan and Security Agreement (Zindart LTD), Loan and Security Agreement (T/R Systems Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 8 contracts

Samples: Loan and Security Agreement (Bsquare Corp /Wa), Loan and Security Agreement (Versatility Inc), Loan and Security Agreement (Bsquare Corp /Wa)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 7 contracts

Samples: Loan Modification Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Redback Networks Inc), Loan and Security Agreement (Displaytech Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 7 contracts

Samples: Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (Icad Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or any of its Subsidiaries, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 6 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Hubspot Inc), Loan and Security Agreement (Hubspot Inc)

Insolvency. If Borrower and/or its Subsidiaries becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerBorrower and/or its Subsidiaries, or if an Insolvency Proceeding is commenced against Borrower and/or its Subsidiaries and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 6 contracts

Samples: Loan and Security Agreement (Augmedix, Inc.), Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 6 contracts

Samples: Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX Holdings LTD)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 6 contracts

Samples: Loan and Security Agreement (Loudeye Technologies Inc), Loan and Security Agreement (Snowball Com Inc), Loan Agreement (Logicvision Inc)

Insolvency. If any Borrower becomes insolvent, insolvent or if any Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against any Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 6 contracts

Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Visual Networks Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);.

Appears in 5 contracts

Samples: Loan and Security Agreement (Omnicell Inc /Ca/), Loan and Security Agreement (Talarian Corp), Loan and Security Agreement (Egroups Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 5 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (DPW Holdings, Inc.), Loan and Security Agreement (Digital Power Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 5 contracts

Samples: Loan and Security Agreement (Natural Microsystems Corp), Loan and Security Agreement (Astea International Inc), Loan and Security Agreement (Silicon Gaming Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)days;

Appears in 5 contracts

Samples: Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc), Loan and Security Agreement (U-Swirl, Inc.), Loan and Security Agreement (Vuzix Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 5 contracts

Samples: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp), Loan Modification Agreement (Interwoven Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that but no Credit Extensions Advances will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 5 contracts

Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Pharsight Corp), Loan Modification Agreement (Atroad Inc)

Insolvency. If Borrower becomes insolventfails to pay its debts generally as they mature, or if Borrower begins an Insolvency Proceeding, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)30 days;

Appears in 5 contracts

Samples: Loan and Security Agreement (North American Scientific Inc), Loan and Security Agreement (Volcano CORP), Loan and Security Agreement (Egain Communications Corp)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Compass Therapeutics, Inc.), Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc)

Insolvency. If any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Somnus Medical Technologies Inc), Loan Modification Agreement (Quicklogic Corporation)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 4 contracts

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Insolvency. If Borrower and/or its Subsidiaries becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerBorrower and/or its Subsidiaries, or if an Insolvency Proceeding is commenced against Borrower and/or its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (Seres Health, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 4 contracts

Samples: Loan and Security Agreement (MR2 Group, Inc.), Loan and Security Agreement (Cytosorbents Corp), Loan and Security Agreement (MR2 Group, Inc.)

Insolvency. If any Borrower becomes insolvent, insolvent or if any Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against any Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 4 contracts

Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc), Loan Agreement (Manugistics Group Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Mercadolibre Inc), Loan and Security Agreement (Verity Inc \De\), Loan and Security Agreement (E Piphany Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 4 contracts

Samples: Loan and Security Agreement (Kosan Biosciences Inc), Loan and Security Agreement (Cancervax Corp), Loan and Security Agreement (Stentor Inc)

Insolvency. If Borrower becomes insolventis unable to pay its debts (including trade debts) as they become due, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Insolvency. If Borrower becomes insolventunable to pay its debts (including trade debts) as the come due, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty twenty (3020) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 4 contracts

Samples: Loan and Security Agreement (Electronic Designs Inc), Loan and Security Agreement (Viant Corp), Loan and Security Agreement (Heartport Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Everbridge, Inc.), Loan and Security Agreement (Everbridge, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advance will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that but no Credit Extensions Advances will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 3 contracts

Samples: Loan Agreement (Cypress Semiconductor Corp /De/), Loan and Security Agreement (Cypress Semiconductor Corp /De/), Loan and Security Agreement (Clarent Corp/Ca)

Insolvency. If Borrower or any Subsidiary of Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower or any Subsidiary of Borrower, or if an Insolvency Proceeding is commenced against Borrower or any Subsidiary of Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

Samples: Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Rainmaker Systems Inc)

Insolvency. If Borrower becomes insolvent, or if an ---------- Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)days;

Appears in 3 contracts

Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Insolvency. If Borrower becomes insolventinsolvent or begins an Insolvency Proceeding, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but Bank shall have no obligation to make a Credit Extensions will be made prior to the dismissal of such Extension before any Insolvency ProceedingProceeding is dismissed);.

Appears in 3 contracts

Samples: Loan and Security Agreement (Broadvision Inc), Loan and Security Agreement (Critical Path Inc), Loan and Security Agreement (Exelixis Inc)

Insolvency. If Borrower or any Subsidiary becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerBorrower or any Subsidiary, or if an Insolvency Proceeding is commenced against Borrower or any Subsidiary and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

Samples: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Firstwave Technologies Inc), Loan and Security Agreement (Hie Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Trupanion Inc.), Loan and Security Agreement (Trupanion Inc.)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Stratex Networks Inc), Loan and Security Agreement (Stratex Networks Inc)

Insolvency. If any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Inphonic Inc), Loan and Security Agreement (Inphonic Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc), Senior Subordinated Loan and Security Agreement (Objectspace Inc)

Insolvency. If either Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by either Borrower, or if an Insolvency Proceeding is commenced against either Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Proteinsimple), Loan and Security Agreement (Pfsweb Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (Vaughan Foods, Inc.)

Insolvency. If any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)

Insolvency. If any Borrower or Guarantor becomes insolvent, or if an Insolvency Proceeding is commenced by Borrowerany Borrower or Guarantor, or if an Insolvency Proceeding is commenced against any Borrower or Guarantor and is not dismissed or stayed within thirty (30) days (provided 30 days; provided, that no Credit Extensions Extension will be made prior to the dismissal of such Insolvency Proceeding)Proceedings;

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Entrade Inc)

Insolvency. If Borrower becomes insolvent, or if an ---------- Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Onsale Inc), Loan and Security Agreement (Thermatrix Inc)

Insolvency. If Borrower becomes insolventis no longer Solvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)

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Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such Insolvency Proceedingbefore any insolvency Proceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Introbiotics Phamaceuticals Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Pc Quote Inc), Loan and Security Agreement (Physicians Insurance Co of Ohio)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days Business Days (provided that no Credit Extensions Loans will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Imageware Systems Inc), Loan and Security Agreement (Imageware Systems Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against any Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc)

Insolvency. If Borrower becomes is insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.)

Insolvency. If Borrower becomes insolventinsolvent (as described in Section 5.9), or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, Borrower or if an Insolvency Proceeding is commenced against Borrower (in either case, an "Insolvency Default") and such Insolvency Proceeding commenced against Borrower is not dismissed or stayed within thirty forty-five (3045) days (provided that no Advances or Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vtel Corp), Loan and Security Agreement (Vtel Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)45 days;

Appears in 2 contracts

Samples: Loan and Security Agreement (Omega Therapeutics, Inc.), Loan and Security Agreement (Comps Com Inc)

Insolvency. If Borrower becomes insolvent, Insolvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Pixelworks Inc), Loan and Security Agreement (Egain Communications Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 45 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Subordinated Term Loan and Security Agreement (Sonim Technologies Inc), Loan and Security Agreement (Nanometrics Inc)

Insolvency. If the Borrower becomes is adjudicated insolvent, or if an Insolvency Proceeding is commenced by the Borrower, or if an Insolvency Proceeding is commenced against the Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);days; or

Appears in 2 contracts

Samples: GRIID Infrastructure Inc., Adit EdTech Acquisition Corp.

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);; 8.6

Appears in 2 contracts

Samples: Loan and Security Agreement (Consilium Inc), Loan and Security, Agreement (Jetfax Inc)

Insolvency. If a Borrower becomes insolventis unable to pay its debts (including trade debts) as they become due, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (Identiv, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency ---------- Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)days;

Appears in 2 contracts

Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Insolvency. If Borrower an Obligor becomes insolvent, or if an Insolvency Proceeding is commenced by Borroweran Obligor, or if an Insolvency Proceeding is commenced against Borrower an Obligor and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max International Inc)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days (provided that no Credit Extensions Advance will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Photon Dynamics Inc), Loan and Security Agreement (Graphix Zone Inc/De)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (SharpSpring, Inc.)

Insolvency. If Borrower becomes insolventfails to pay its debts generally as they mature, or if Borrower begins an Insolvency Proceeding, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)45 days;

Appears in 2 contracts

Samples: Loan and Security Agreement (Comverge, Inc.), Loan and Security Agreement (Proxim Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrowerthe Borrower and/or any of its Subsidiaries, or if an Insolvency Proceeding is commenced against the Borrower and/or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Insolvency. If Borrower becomes insolvent, is not solvent or if Borrower begins an Insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that but no Credit Extensions Advance will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Hamilton Lane INC), Term Loan and Security Agreement (Hamilton Lane INC)

Insolvency. If any Borrower or a Subsidiary of any Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by any Borrower or a Subsidiary of any Borrower, or if an Insolvency Proceeding is commenced against any Borrower or a Subsidiary of any Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (days; provided that no Bank shall not be required to make any Advances or issue any Letters of Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Vans Inc), Loan and Security Agreement (Vans Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Calypte Biomedical Corp), Loan and Security Agreement (Connetics Corp)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty ten (3010) days Business Days (provided that no Credit Extensions Advances will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan Agreement (Stanford Microdevices Inc), Revolving Credit and Term (Motorvac Technologies Inc)

Insolvency. If Borrower or a Subsidiary of Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower or a Subsidiary of Borrower, or if an Insolvency Proceeding is commenced against Borrower or a Subsidiary of Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Insolvency. If Borrower becomes insolventInsolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) 60 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Marinus Pharmaceuticals Inc), Loan and Security Agreement (Marinus Pharmaceuticals Inc)

Insolvency. If Borrower becomes insolventunable to pay its debts (including trade debts) as the come due, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Credit Extensions will be required to be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD), Bank     Loan and Security Agreement (API Technologies Corp.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty sixty (3060) days (provided that no Bank shall not be required to make any Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions Advance will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Cygnus Inc /De/), Loan and Security Agreement (Cardiac Pathways Corp)

Insolvency. If the Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by the Borrower, or if an Insolvency Proceeding is commenced against the Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (TechTarget Inc), Loan and Security Agreement (TechTarget Inc)

Insolvency. If Borrower becomes Borrowers, taken as a whole, become insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty forty five (3045) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Nextg Networks Inc), Loan and Security Agreement (Aviza Technology, Inc.)

Insolvency. If Borrower becomes insolvent, insolvent or if Borrower begins an insolvency Proceeding or an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced begun against Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that but no Credit Extensions will be made prior to the dismissal of such before any Insolvency ProceedingProceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Webridge Inc), Loan and Security Agreement (Sonoma Systems)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty forty-five (3045) days (provided that no Credit Extensions will be required to be made prior to the dismissal of such Insolvency Proceeding);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Adam Inc), Loan and Security Agreement (Verilink Corp)

Insolvency. If a Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by a Borrower, or if an Insolvency Proceeding is commenced against a Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding)45 days;

Appears in 2 contracts

Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)

Insolvency. If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty twenty (3020) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 2 contracts

Samples: Loan and Security Agreement (Pharmchem Laboratories Inc), Loan and Security Agreement (Pharmchem Inc)

Insolvency. If Borrower or any Subsidiary of Borrower becomes insolventInsolvent, or if an Insolvency Proceeding is commenced by Borrower or any Subsidiary of Borrower, or if an Insolvency Proceeding is commenced against Borrower or any Subsidiary of Borrower and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

Insolvency. If Borrower or any Subsidiary becomes insolvent, or if an Insolvency Proceeding is commenced by BorrowerBorrower or any Subsidiary, or if an Insolvency Proceeding is commenced against Borrower or any Subsidiary and is not dismissed or stayed within thirty (30) 30 days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

Appears in 1 contract

Samples: Loan and Security Agreement (Neophotonics Corp)

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