Borrower Lease. (i) Borrower has delivered a true, accurate and complete copy of each Borrower Lease to Lenders. (ii) Each Borrower Lease is in full force and effect and no default has occurred under any 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, would reasonably be expected to result in a default under the terms of any Borrower Lease. (iii) Either Borrower or a Subsidiary of Borrower is the tenant under each Borrower Lease and such tenant has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, such Borrower Lease.
Appears in 3 contracts
Samples: Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement (Decipher Biosciences, Inc.)
Borrower Lease. (i) As of the date hereof, Borrower has delivered a true, accurate and complete copy of each Borrower Lease to LendersAdministrative Agent.
(ii) Each Borrower Lease is in full force and effect and effect, no material default has occurred under any 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, would could reasonably be expected to result in a material default under the terms of any such Borrower Lease.
(iii) Either Borrower or a Subsidiary of Borrower is the tenant under each Borrower Lease and such tenant has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, such Borrower Lease.
Appears in 2 contracts
Samples: Term Loan Agreement (T2 Biosystems, Inc.), Term Loan Agreement (T2 Biosystems, Inc.)
Borrower Lease. (i) Borrower has delivered (or posted on a data site accessible to the Lenders) a true, accurate and complete copy of each the Borrower Lease to Lenders.
(ii) Each Borrower Lease is in full force and effect and no default has occurred under any 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, would could reasonably be expected to result in a default under the terms of any the Borrower Lease.
(iii) Either Borrower or a Subsidiary of Borrower is the tenant under each the Borrower Lease and such tenant has not transferred, sold, assigned, conveyed, disposed of, mortgaged, pledged, hypothecated, or encumbered any of its interest in, such the Borrower Lease.
Appears in 1 contract
Samples: Term Loan Agreement (Nevro Corp)