Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faith, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9, 1997 and attached hereto as Exhibit C (the "Commitment Letter").
Appears in 2 contracts
Samples: Loan Agreement (Pilot Network Services Inc), Loan Agreement (Pilot Network Services Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections Section 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9April 22, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Conductus Inc), Loan Agreement (Conductus Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9November 18, 1997 and attached hereto as Exhibit C (the "Commitment Letter").
Appears in 2 contracts
Samples: Annual Report, Loan Agreement (Cell Therapeutics Inc)
Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithfaith business judgment, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9April 29, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9March 21, 1997 2000 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Valuestar Corp)
Borrowings. Each Loan shall be in an amount not less than $100,00075,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein hereto to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections Section 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation obligations to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9November 23, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Paradigm Genetics Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9October 19, 1997 1999 and attached hereto as Exhibit C EXHIBIT A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Corillian Corp)
Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9November 25, 1997 1998, as amended on March 31, 2000 and April 11, 2000 and attached hereto respectively as Exhibit EXHIBIT A, EXHIBIT B and EXHIBIT C (collectively the "Commitment Letter").
Appears in 1 contract
Samples: Loan and Security Agreement (Trega Biosciences Inc)
Borrowings. Each Loan shall be in an amount not less than $100,000150,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter letters executed by Lender and Borrower, dated as of July 9August 26, 1997 and June 24, 1998 and attached hereto as Exhibit Exhibits C and C1 (the "Commitment LetterLetters").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Exodus Communications Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9September 10, 1997 1999 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Futurelink Corp)
Borrowings. Each Loan shall be in an amount not less than $100,000100,000.00, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9April 15, 1997 and attached hereto as Exhibit C (the "Commitment Letter").
Appears in 1 contract
Borrowings. Each Loan shall be in an amount not less than $100,000S50,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9June 17, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Aquila Biopharmaceuticals Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9March 17, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Adesso Healthcare Technology Services Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9October 1, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Pulsepoint Communications)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing timing, financial terms and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 913, 1997 2000 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9November 25, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Trega Biosciences Inc)
Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9October 2, 1997 2000 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Ostex International Inc /Wa/)
Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9November 25, 1997 1998, as amended on March 31, 2000 and attached hereto respectively as Exhibit C A and Exhibit B (collectively the "Commitment Letter").
Appears in 1 contract
Samples: Loan and Security Agreement (Trega Biosciences Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00075,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9April 10, 1997 2000 and attached hereto as Exhibit C A (the "Commitment Letter").. ---------
Appears in 1 contract
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9September 23, 1997 1999 and attached hereto as Exhibit C EXHIBIT A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Immune Response Corp)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter letters executed by Lender and Borrower, dated as of July 9May 17, 1997 1999 and August 24, 1999 and attached hereto as Exhibit C A and Exhibit B (collectively the "Commitment LetterLetters").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Third Wave Technologies Inc /Wi)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9February 8, 1997 2000 and attached hereto as Exhibit C EXHIBIT A (the "Commitment Letter").
Appears in 1 contract
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9June 12, 1997 1998 and May 21, 1999 and attached hereto as Exhibit C EXHIBITS A AND B (collectively the "Commitment LetterLetters").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Sonoma Systems)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9April 18, 1997 and attached hereto as Exhibit C B (the "Commitment Letter").
Appears in 1 contract
Borrowings. Each Loan shall be in an amount not less than $100,0001,000,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9March 27, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9May 17, 1997 1999 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Third Wave Technologies Inc /Wi)
Borrowings. Each Loan shall be in an amount not less than $100,000, 100,000 and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9April 29, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Borrowings. Each Loan shall be in an amount not less than $100,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithreasonable judgment, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9May 23, 1997 and attached hereto as Exhibit C ExhibitC (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Medimmune Inc /De)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9March 6, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Loan Agreement (Jfax Com Inc)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithdiscretion, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9June 12, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Sonoma Systems)
Borrowings. Each Loan shall be in an amount not less than $100,00050,000, and in no event shall the sum of the aggregate Loans made exceed the amount of the Lender's written commitment to the Borrower in effect from time to time. Notwithstanding anything herein to the contrary, the Lender shall be obligated to make the initial Loan and each other Loan only after the Lender, in its sole discretion exercised in good faithfaith business judgment, determines that the applicable conditions for borrowing contained in Sections 3.3 and 3.4 are satisfied. The timing and financial scope of Lender's obligation to make Loans hereunder are limited as set forth in a commitment letter executed by Lender and Borrower, dated as of July 9December 11, 1997 1998 and attached hereto as Exhibit C A (the "Commitment Letter").
Appears in 1 contract
Samples: Master Loan and Security Agreement (Pharsight Corp)