Borrower represents and warrants to Bank. That Borrower is a corporation, duly organized and existing in the State of its incorporation and the execution, delivery and performance of each of the Loan Documents are within Borrower's corporate powers, have been duly authorized and are not in conflict with law or the terms of any charter, by-law or other incorporation papers, or of any indenture, agreement or undertaking to which Borrower is a party or by which Borrower is bound or affected; (b) Borrower is, and at the time the Collateral becomes
Appears in 5 contracts
Samples: Loan Agreement (Metawave Communications Corp), Loan Agreement (Metawave Communications Corp), Loan Agreement (Metawave Communications Corp)
Borrower represents and warrants to Bank. That Borrower is a corporation, duly organized and existing in the State of its incorporation and the execution, delivery and performance of each of the Loan Documents are within Borrower's corporate powers, have been duly authorized and are not in conflict with any applicable law or the terms of any charter, by-law or other incorporation papers, or of any indenture, agreement or undertaking to which Borrower is a party or by which Borrower is bound or affected; (b) Borrower is, and at the time the Collateral becomes
Appears in 1 contract
Samples: Loan Agreement (Tut Systems Inc)
Borrower represents and warrants to Bank. That Borrower is a corporation, duly organized and existing in the State of its incorporation and the execution, delivery and performance of each of the Loan Documents are within Borrower's corporate powers, powers have been duly authorized and are not in conflict with law or the terms of any charter, by-law or other incorporation papers, or of any indenture, indenture agreement or undertaking to which Borrower is a party or by which Borrower is bound or affected; (b) Borrower is, and at the time the Collateral becomes
Appears in 1 contract
Samples: Loan Agreement (Fogdog Inc)
Borrower represents and warrants to Bank. That Borrower is a corporation, duly organized and existing in the State of its incorporation and the execution, delivery and performance of each of the Loan Documents are within Borrower's corporate powers, have been duly authorized and are not in conflict with law or the terms of any charter, by-law or other incorporation papers, or of any material indenture, agreement or undertaking to which Borrower is a party or by which Borrower is bound or affected; (b) Borrower is, and at the time the Collateral becomes
Appears in 1 contract
Samples: Loan Agreement (Intraware Inc)
Borrower represents and warrants to Bank. That Borrower is a corporation, duly organized and existing in the State of its incorporation and the execution, delivery and performance of each of the Loan Documents are within Borrower's corporate powers, have been duly authorized and are not in conflict with law or the terms of any charter, by-law or other incorporation papers, or of any indenture, agreement or undertaking to which Borrower is a party or by which Borrower is bound or affected; (b) Borrower is, and at the time the Collateral becomes
Appears in 1 contract
Samples: Loan Agreement (Salon Internet Inc)