Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the Borrower Lease to Lenders. (ii) Borrower Lease is in full force and effect and no default has occurred under the Borrower Lease and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could reasonably be expected to result in a default under the terms of the Borrower Lease. (iii) Borrower is the tenant under the Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the Borrower Lease.
Appears in 7 contracts
Samples: Term Loan Agreement, Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.)
Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the Borrower Lease to LendersAdministrative Agent.
(ii) The Borrower Lease is in full force and effect and no default has occurred under the Borrower Lease and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could reasonably be expected to result in a default under the terms of the Borrower Lease.
(iii) Borrower is the tenant under the Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the Borrower Lease.
Appears in 6 contracts
Samples: Term Loan Agreement (Correvio Pharma Corp.), Term Loan Agreement (Biodelivery Sciences International Inc), Term Loan Agreement (Viveve Medical, Inc.)
Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the Borrower Lease to Lenders.
(ii) The Borrower Lease is in full force and effect and no material default has occurred under the Borrower Lease and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could reasonably be expected to result in a material default under the terms of the Borrower Lease.
(iii) Borrower is the tenant under the Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the Borrower Lease, except as permitted by this Agreement.
Appears in 3 contracts
Samples: Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc)
Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the Borrower Lease to LendersAdministrative Agent.
(ii) The Borrower Lease is in full force and effect and no material default has occurred under the Borrower Lease and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could reasonably be expected to result in a material default under the terms of the Borrower Lease.
(iii) Borrower is the tenant under the Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the Borrower Lease.
Appears in 2 contracts
Samples: Term Loan Agreement (Omeros Corp), Term Loan Agreement (Omeros Corp)
Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the Borrower Lease to Lenders.
(ii) The Borrower Lease is in full force and effect and no default has occurred under the Borrower Lease and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could reasonably be expected to result in a material default under the terms of the Borrower Lease.
(iii) Borrower is the tenant under the Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the Borrower Lease.
Appears in 2 contracts
Samples: Term Loan Agreement (Tandem Diabetes Care Inc), Term Loan Agreement (Tandem Diabetes Care Inc)
Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the each Borrower Lease to Lenders.
(ii) Each Borrower Lease is in full force and effect and no material default has occurred under the such Borrower Lease and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could reasonably be expected to result in a material default under the terms of the such Borrower Lease.
(iii) Borrower is the tenant under the each Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the such Borrower Lease.
Appears in 2 contracts
Samples: Term Loan Agreement (Tandem Diabetes Care Inc), Term Loan Agreement (Tandem Diabetes Care Inc)
Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the Borrower Lease to Lenders.
(ii) Borrower Lease is in full force and effect and no material default has occurred under the Borrower Lease and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could reasonably be expected to result in a material default under the terms of the Borrower Lease.
(iii) Borrower is the tenant under the Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the Borrower Lease, except as permitted by this Agreement.
Appears in 1 contract
Samples: Term Loan Agreement (Avinger Inc)
Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of the Borrower Lease Leases to Lenders.
(ii) The Borrower Lease is Leases are in full force and effect and no default has occurred under the Borrower Lease Leases and, to the Knowledge of Borrower, there is no existing condition which, but for the passage of time or the giving of notice, could would reasonably be expected to result in a default under the terms of the Borrower LeaseLeases.
(iii) Borrower is the tenant under the each Borrower Lease and has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, the Borrower Lease.
Appears in 1 contract