ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 18 contracts
Sources: Subordinated Loan and Security Agreement (Docent Inc), Subordinated Loan and Security Agreement (Essential Com Inc), Subordinated Loan and Security Agreement (Furniture Com Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior CreditorDocuments.
Appears in 6 contracts
Sources: Loan and Security Agreement (Align Technology Inc), Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cytokinetics Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 6 contracts
Sources: Subordinated Loan and Security Agreement (First Virtual Corp), Subordinated Loan and Security Agreement (BMJ Medical Management Inc), Subordinated Loan and Security Agreement (Nextcard Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a material default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 2 contracts
Sources: Subordinated Loan and Security Agreement (Battery Express Inc), Subordinated Loan and Security Agreement (Adesso Healthcare Technology Services Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the and each Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Net Genesis Corp)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.or
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Acusphere Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, as applicable, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a material default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Handspring Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents Agreement between Borrower and Senior Creditor.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Information Advantage Software Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under an Event of Default as defined in the Senior Loan Documents Documents, between Borrower and Senior Creditor.
Appears in 1 contract
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a an event of default under as defined in the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 1 contract
Sources: Subordinated Loan and Security Agreement (Homegrocer Com Inc)