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
Samples: Subordinated Loan and Security Agreement (Agile Software Corp), Subordinated Loan and Security Agreement (Neoforma Com 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 default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 6 contracts
Samples: Subordinated Loan and Security Agreement (BMJ Medical Management Inc), Subordinated Loan and Security Agreement (First Virtual Corp), 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
Samples: Subordinated Loan and Security Agreement (Adesso Healthcare Technology Services Inc), Subordinated Loan and Security Agreement (Battery Express 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 default under the Senior Loan Documents between Borrower and Senior CreditorDocuments.
Appears in 1 contract
Samples: Loan and Security Agreement (Transatlantic Petroleum Ltd.)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Datedate hereof, 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, 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
Samples: Subordinated Loan and Security Agreement (Acusphere 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 an event of default under as defined in the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Homegrocer Com Inc)
