Common use of Attachment; Levy; Restraint on Business Clause in Contracts

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 6 contracts

Samples: Loan Agreement (Global Blood Therapeutics, Inc.), Loan Agreement (Coherus BioSciences, Inc.), Loan Agreement (Epizyme, Inc.)

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Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent), or (ii) a notice of lien or levy is filed against any of material portion Borrower’s assets with a fair market value of Collateral Two Hundred Fifty Thousand Dollars ($250,000.00) or more by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 5 contracts

Samples: Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Loan and Security Agreement (Health Catalyst, Inc.), Loan and Security Agreement (Health Catalyst, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of Two Hundred Fifty Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent250,000), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 5 contracts

Samples: Loan and Security Agreement (Grove Collaborative Holdings, Inc.), Loan and Security Agreement (Rocket Lab USA, Inc.), Loan and Security Agreement (Clearside Biomedical, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower Parent and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 4 contracts

Samples: Sixteenth Amendment (LumiraDx LTD), Fifteenth Amendment (LumiraDx LTD), Twelfth Amendment and Waiver (LumiraDx LTD)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of Fifty Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent50,000.00), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 4 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Avalara Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of Five Hundred Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent500,000), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 4 contracts

Samples: Loan and Security Agreement (Medallia, Inc.), Loan and Security Agreement (Medallia, Inc.), Loan and Security Agreement (NanoString Technologies Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the in any Collateral AgentAccount, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; oror (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part (individually or in the aggregate) of their its business, taken as a whole.;

Appears in 4 contracts

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent), or (ii) a notice of lien or levy in excess of Two Hundred Fifty Thousand Dollars ($250,000) is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 3 contracts

Samples: Loan and Security Agreement (Sumo Logic, Inc.), Loan and Security Agreement (Sumo Logic, Inc.), Loan and Security Agreement (Sumo Logic, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of the Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof above are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Collegium Pharmaceutical, Inc), Loan Agreement (Collegium Pharmaceutical, Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party a Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentHSBC or any HSBC Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty sixty (3060) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty sixty (3060) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Acme United Corp), Loan and Security Agreement (Acme United Corp)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) ), unless in excess respect of $10,000,000 on deposit or otherwise maintained with the Collateral Agentde minimis amounts, or (ii) a notice of lien or levy is filed against any of material portion Borrower’s assets (except assets of Collateral a de minimis nature) by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Xenon Pharmaceuticals Inc.), Loan and Security Agreement (Xenon Pharmaceuticals Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The the service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty twenty (3020) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty twenty (3020) day cure period; orand (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any material funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty twenty (3020) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty twenty (3020) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.its business except in connection with the Palomar Litigation;

Appears in 2 contracts

Samples: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy (other than a Permitted Lien) is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, attachment by trustee or similar process, process of any funds of Borrower or any Credit Party Subsidiary individually or in the aggregate, of any entity under the control of any Credit Party (including a Subsidiary) in excess of at least $10,000,000 on deposit or otherwise maintained with the Collateral Agent250,000, or (ii) a notice of lien or levy is filed against any of material portion Borrower’s or any of Collateral its Subsidiaries’ assets individually or in the aggregate, of at least $250,000 by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and or any of its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.), Loan and Security Agreement (Spartan Acquisition Corp. II)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of Borrowers’ material portion of Collateral assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (b) (i) Any any material portion of Collateral Borrowers’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any $10,000 or more of funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any a Credit Party or of any entity under the control of any a Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent250,000, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Credit Party’s assets by any Governmental AuthorityAuthority in an amount greater than $250,000, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty fifteen (3015) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty fifteen (3015) day cure period; or (i) Any any material portion of Collateral any Credit Party’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Tenable Holdings, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrowers or of any entity under the control of any Credit Party a Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral a Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit other Loan Party (including a Subsidiary) in excess of $10,000,000 on deposit with any Lender or otherwise maintained with the any Lender’s Affiliate or any bank or other institution at which Borrower maintains a Collateral AgentAccount, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; orand (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentAgent or any Lender or any Affiliate of Agent or any Lender, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower Parent and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 2 contracts

Samples: Loan Agreement (UroGen Pharma Ltd.), Loan Agreement (UroGen Pharma Ltd.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentLender or any Lender Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Real Goods Solar, Inc.), Loan and Security Agreement (Exa Corp)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, any Purchaser or any Affiliate thereof, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions Notes shall be made purchased during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral is Borrower or any of its Subsidiaries’ assets are attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and or any of its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 2 contracts

Samples: Note Purchase Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds in excess of any Credit Party Ten Thousand Dollars ($10,000) of Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Us Dataworks Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with any Lender or otherwise maintained with the any Lender’s Affiliate or any bank or other institution at which Borrower maintains a Collateral AgentAccount, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; orand (i) Any material portion any of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Angie's List, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrowers’ assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any any material portion of Collateral any Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents such Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Aviat Networks, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Collateral Agent or otherwise maintained with the any Affiliate of Collateral Agent, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty twenty (3020) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty twenty (3020) day cure period; orand (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Obligor or of any entity under the control of any Credit Party an Obligor (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentPNC or any PNC Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or(b) (i) Any any material portion of Collateral an Obligor’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.; 8.5

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment department or agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiverreceiver or similar officer, or (ii) any court order enjoins, injuncts, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Alimera Sciences Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentLender, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Amicus Therapeutics Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent1,000,000, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty twenty (3020) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty twenty (3020) day cure period; oror BN 22796152v7 (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (A10 Networks, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) 10 days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or and (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Adept Technology Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of One Hundred Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent100,000.00), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Achaogen Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any material amount of funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentLender or any of Lender’s Affiliates, or (ii) a notice of lien or levy is filed against all or any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof above are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and or any of its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Merrimack Pharmaceuticals Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 5,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; oror ​ ​ (b) (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Coherus BioSciences, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty twenty (3020) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty twenty (3020) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Extend Health Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 [**] on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days [**] after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day [**] cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Akebia Therapeutics, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within for a period of thirty (30) consecutive days after the occurrence thereof, discharged discharged, satisfied, vacated, or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Evolus, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion Borrower’s assets having a value of Collateral $25,000 or greater by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Computer Systems Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment (other than Permitted Liens) is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or and (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Virage Logic Corp)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiovascular Systems Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of Borrower’s other material portion of Collateral assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any such thirty (30) day cure period; or and (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Calix Networks Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attachprocess, by trustee or similar process, attaching to any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentLender or any Lender Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions Advances shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan Agreement (Net Element International, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentPurchaser or any Purchaser Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions Notes shall be made purchased during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral is Borrower or any of its Subsidiaries’ assets are attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and or any of its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Note Purchase Agreement (Global Telecom & Technology, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of One Million Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent1,000,000), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 *** on deposit or otherwise maintained with the Collateral AgentLender, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days *** after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day *** cure period; or (b) (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Biodelivery Sciences International Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) 10 days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or and (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Adept Technology Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower Parent and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (LumiraDx LTD)

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Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions Advances shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process of an order seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy pursuant to court order is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Location Based Technologies, Inc.)

Attachment; Levy; Restraint on Business. (ai) (iA) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Note Party or of any entity under the control of any Credit Note Party (including a Subsidiary) in excess of $10,000,000 the Threshold Amount on deposit or otherwise maintained with the Collateral Agent, or (iiB) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (iA) and or (iiB) hereof are above is not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (iii) Any (A) All or any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (iiB) any court order enjoins, restrains, or prevents Borrower Parent and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Note Purchase Agreement (OptiNose, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty fifteen (3015) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty fifteen (3015) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Glowpoint Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party a Borrower or of any entity under the control of any Credit Party a Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the in any Collateral AgentAccount, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral a Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; oror (b) (i) Any any material portion of Collateral a Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (WaferGen Bio-Systems, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in an amount in excess of Fifty Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent50,000.00), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement (Brightcove Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of Two Hundred Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent200,000), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party a Co-BolTower or of any entity under the control of any Credit Party a Co-BolTower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent), or (ii) a notice of lien or levy is filed against any of material portion of Collateral a Co-BotTower's assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (301O) days after the occurrence occutTence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral a Co-BotTower's assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Co-Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Augme Technologies, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentSVB or any SVB Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day Business Day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (Apptio Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of One Hundred Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent100,000), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Government Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party (including a Subsidiary) , in each case in excess of $10,000,000 on deposit or otherwise maintained with 5,000,000 in the Collateral Agent, aggregate or (ii) a notice of lien or levy is filed against any of Borrower’s or any of its Subsidiaries’ material portion of Collateral assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty fifteen (3015) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty fifteen (3015) day cure period; or (i) Any any material portion of Collateral Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents any Borrower and or any of its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 [***] on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and or (ii) hereof are above is not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (INSMED Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment department or agency, and the same under sub-clauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiverreceiver or similar officer, or (ii) any court order enjoins, injunctions, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Beamr Imaging Ltd.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and or (ii) hereof are above is not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Reata Pharmaceuticals Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of Five Hundred Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent, 500,000); or (ii) a notice of lien or levy is filed against any of Borrower’s material portion of Collateral assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Grove Collaborative Holdings, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Obligor or of any entity under the control of any Credit Party an Obligor (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or; (i) Any any material portion of Collateral an Obligor’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

Attachment; Levy; Restraint on Business. (a) (i) The i)The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party such Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) 99. 5.1.1. 110 a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral any Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; orand (i) Any any material portion of Collateral any Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) 1111. 5.1.1.1 any court order enjoins, restrains, or prevents any Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentLenders or any Lender Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; orand (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Tribute Pharmaceuticals Canada Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in an amount in excess of One Hundred Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent100,000.00), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement (Brightcove Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in an amount in excess of Fifty Thousand Dollars ($10,000,000 on deposit or otherwise maintained with the Collateral Agent50,000.00), or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party a Co-Borrower or of any entity under the control of any Credit Party a Co-Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral a Co-Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral a Co-Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents a Co-Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan Agreement (TEKMIRA PHARMACEUTICALS Corp)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral any Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day Business Day cure period; or and (b) (i) Any any material portion of Collateral such Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents such Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Financial Engines, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of Borrower or any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion Borrower’s or any of Collateral its Subsidiaries’ assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and (ii) hereof exceed Two Hundred Fifty Thousand Dollars ($250,000) and are not, within thirty ten (3010) days Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day Business Day cure period; or (i) Any any material portion of Collateral Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and or any of its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentBank or any Bank Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any any material portion of Collateral is Borrower’s assets are attached, seized, levied on, or comes come into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Ikanos Communications, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 20,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Amicus Therapeutics, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of a material portion of the Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement (Sarepta Therapeutics, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentQLT or any QLT Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions Term Loans shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Aegerion Pharmaceuticals, Inc.)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of Borrower or any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) Subsidiary in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent50,000.00, or (ii) a notice of lien or levy is filed against any of material portion Borrower’s or any of Collateral its Subsidiaries’ assets by any Governmental AuthorityAuthority with a value in excess of $50,000.00, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty (30) days 10 Business Days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) 10 day cure period; or (i) Any any material portion of Collateral Borrower’s or any of its Subsidiaries’ assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and or any of its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

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

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentHSBC or any HSBC Affiliate, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authoritygovernment agency, and the same under sub-clauses subclauses (i) and (ii) hereof are not, within thirty sixty (3060) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty sixty (3060) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Acme United Corp)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including any amount over Fifty Thousand Dollars ($50,000) equivalent for a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral Agent, or (ii) a notice of lien or levy is filed against any of material portion of Collateral Borrower’s assets by any Governmental Authority, and the same under sub-clauses subclauses (i) and i)and (ii) hereof are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; or (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting all or any material part of their its business, taken as a whole.;

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party Borrower or of any entity under the control of any Credit Party Borrower (including a Subsidiary) in excess of $10,000,000 on deposit with Bank or otherwise maintained with the Collateral Agentany Bank Affiliate, or (ii) a notice of lien lien, levy, or levy assessment is filed against any of material portion of Collateral Borrower’s assets, which is reasonably expected to result in a Material Adverse Change, by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof in each case which are not, within thirty ten (3010) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty ten (3010) day cure period; orand (b) (i) Any any material portion of Collateral Borrower’s assets is attached, seized, levied on, or comes into possession of a trustee or receiver, or (iic) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their its business, taken as which is reasonably expected to result in a whole.Material Adverse Change;

Appears in 1 contract

Samples: Loan and Security Agreement (Ocz Technology Group Inc)

Attachment; Levy; Restraint on Business. (a) (i) The service of process seeking to attach, by trustee or similar process, any funds of any Credit Party or of any entity under the control of any Credit Party (including a Subsidiary) in excess of $10,000,000 on deposit or otherwise maintained with the Collateral AgentLender, or (ii) a notice of lien or levy is filed against any of material portion of Collateral by any Governmental Authority, and the same under sub-clauses (i) and (ii) hereof are not, within thirty (30) days after the occurrence thereof, discharged or stayed (whether through the posting of a bond or otherwise); provided, however, that no Credit Extensions shall be made during any thirty (30) day cure period; or (i) Any material portion of Collateral is attached, seized, levied on, or comes into possession of a trustee or receiver, or (ii) any court order enjoins, restrains, or prevents Borrower and its Subsidiaries from conducting any material part of their business, taken as a whole.

Appears in 1 contract

Samples: Loan Agreement

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