2Conditions Precedent to all Credit Extensions. Bank’s obligation to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent: (a) receipt of Borrower’s Credit Extension request and the related materials and documents as required by and in accordance with Section ; (b) the representations and warranties in this Agreement shall be true and correct in all material respects as of the date of any Credit Extension request and as of the Funding Date of each Credit Extension; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true and correct in all material respects as of such date, and no Default or Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties in this Agreement remain true and correct in all material respects; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true and correct in all material respects as of such date; and (c) a Material Adverse Change shall not have occurred and be continuing.
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Samples: Loan and Security Agreement (Olema Pharmaceuticals, Inc.)
2Conditions Precedent to all Credit Extensions. Bank’s The obligation of Bank to make each Credit Extension, including the initial Credit Extension, is further subject to the following conditions precedentconditions:
(a) timely receipt by Bank of Borrower’s Credit Extension request the Payment/Advance Form and the related materials Borrowing Base Certificate, together with an aging of accounts receivable and documents payable, as required by and provided in accordance with Section 2.1;
(b) in Bank’s sole discretion, there has not been a Material Adverse Effect;
(c) with respect to Tranche II, evidence that Borrowers are in pro forma compliance with Section 6.9(a) hereof after giving effect to Tranche II; and
(d) the representations and warranties contained in this Agreement Section 5 shall be true and correct in all material respects on and as of the date of any a Borrower’s request for such Credit Extension request and on the effective date of each Credit Extension as though made at and as of the Funding Date of each Credit Extension; providedsuch date (unless such representation or warranty specifically relates to an earlier date, however, that in which case such materiality qualifier shall not be applicable to any representations and warranties that already are qualified representation or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date warranty shall be true and correct in all material respects as of such earlier date), and no Default or Event of Default shall have occurred and be continuing continuing, or result from the would exist after giving effect to such Credit Extension. Each The making of each Credit Extension is Borrower’s shall be deemed to be a representation and warranty by each Borrower on that the date that of such Credit Extension as to the representations and warranties accuracy of the facts referred to in this Agreement remain true and correct in all material respects; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true and correct in all material respects as of such date; and
(c) a Material Adverse Change shall not have occurred and be continuing.Section 3.2.
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2Conditions Precedent to all Credit Extensions. Bank’s obligation to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent:
(a) receipt of Borrower’s Credit Extension request and the related materials and documents as required by and in accordance with Section ;1.88;
(b) the representations and warranties in this Agreement shall be true and correct in all material respects as of the date of any Credit Extension request and as of the Funding Date of each Credit Extension; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true and correct in all material respects as of such date, and no Default or Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties in this Agreement remain true and correct in all material respects; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true and correct in all material respects as of such date; and
(c) a Material Adverse Change shall not have occurred and be continuing.
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2Conditions Precedent to all Credit Extensions. Bank’s obligation obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent:
(a) except as otherwise provided in Section 3.4, timely receipt of Borrower’s Credit Extension request and the related materials and documents as required by and in accordance with Section an executed Payment/Advance Form;
(b) the representations and warranties in this Agreement shall be true true, accurate, and correct complete in all material respects as of on the date of any Credit Extension request the Payment/Advance Form and as of on the Funding Date of each Credit Extension; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true true, accurate and correct complete in all material respects as of such date, and no Default or Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on that date that the representations and warranties in this Agreement remain true and correct in all material respects; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date shall be true and correct in all material respects as of such date; andin
(c) a Material Adverse Change shall Bank determines to its satisfaction that there has not have occurred been any material impairment in the general affairs, management, results of operation, financial condition or the prospect of repayment of the Obligations when due, or any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and be continuingaccepted by Bank.
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Samples: Loan and Security Agreement (Blueprint Medicines Corp)