Common use of Capitalization and Subsidiaries Clause in Contracts

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 92 contracts

Samples: Loan and Security Agreement (Akero Therapeutics, Inc.), Loan and Security Agreement (G1 Therapeutics, Inc.), Loan and Security Agreement (RedBall Acquisition Corp.)

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Capitalization and Subsidiaries. BorrowerXxxxxxxx’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 8 contracts

Samples: Loan and Security Agreement (Viridian Therapeutics, Inc.\DE), Loan and Security Agreement (COMPASS Pathways PLC), Loan and Security Agreement (Axsome Therapeutics, Inc.)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.141, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 3 contracts

Samples: Loan and Security Agreement (Tg Therapeutics, Inc.), Loan and Security Agreement (Phaserx, Inc.), Loan and Security Agreement (Coronado Biosciences Inc)

Capitalization and Subsidiaries. Each Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. No Borrower does not own owns any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as such schedule may be updated by the Administrative Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 3 contracts

Samples: Loan and Security Agreement (INSMED Inc), Loan and Security Agreement (Insmed Inc), Loan and Security Agreement (Anthera Pharmaceuticals Inc)

Capitalization and Subsidiaries. Each privately-held Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sorrento Therapeutics, Inc.), Loan and Security Agreement (Sorrento Therapeutics, Inc.), Loan and Security Agreement (Sorrento Therapeutics, Inc.)

Capitalization and Subsidiaries. Borrower’s 's capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cytrx Corp), Loan and Security Agreement (Cerecor Inc.), Loan and Security Agreement (Cerecor Inc.)

Capitalization and Subsidiaries. Borrower’s capitalization (other than Parent) as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 2 contracts

Samples: Loan and Security Agreement (Replimune Group, Inc.), Loan and Security Agreement (Replimune Group, Inc.)

Capitalization and Subsidiaries. BorrowerXxxxxxxx’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any Equity Interests, stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 2 contracts

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

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is as set forth in the certificate separately provided to Agent on Schedule 5.14 annexed heretothe Closing Date. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Bellicum Pharmaceuticals, Inc)

Capitalization and Subsidiaries. The Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto5.14. Borrower does The Loan Parties do not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower Loan Parties in a written notice provided after the Closing Date, is a true, correct and complete list of each SubsidiarySubsidiary of the Borrower.

Appears in 1 contract

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

Capitalization and Subsidiaries. Borrower’s (not including Parent Company’s) capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Parent Company’s capitalization is as set forth in its reports filed with the SEC on Exxxx. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

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

Capitalization and Subsidiaries. Each Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. No Borrower does not own owns any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Administrative Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Cempra Holdings, LLC)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 1 contract

Samples: Loan and Security Agreement (Viewray Inc)

Capitalization and Subsidiaries. Each Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Each Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, 5.14 is a true, correct and complete list of each SubsidiarySubsidiary of each Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Kior Inc)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on in Schedule 5.14 annexed heretoto the Disclosure Letter. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as In Schedule 5.145.14 to the Disclosure Letter, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Cleveland Biolabs Inc)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto, which may be updated by Xxxxxxxx in a written notice from time to time. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (X4 Pharmaceuticals, Inc)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Effective Date is set forth on Schedule 5.14 5.12 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.145.12, as may be updated by Borrower in a written notice provided after the Closing Effective Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

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

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other equity securities of any Person, except for Permitted Investments. Attached as Schedule 5.141D, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Aveo Pharmaceuticals Inc)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 5.13A annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. as set forth on Schedule 5.13B. Attached as Schedule 5.141, as may be updated by Lead Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Plug Power Inc)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower Bxxxxxxx in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiarydirect and indirect Subsidiary of Company.

Appears in 1 contract

Samples: Working Capital Facility Agreement (Heron Therapeutics, Inc. /De/)

Capitalization and Subsidiaries. Borrower’s Borrowers’ capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. No Borrower does not own owns any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.141, as may be updated by Borrower Borrowers in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Proteostasis Therapeutics, Inc.)

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Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto, which schedule shall include a true, correct and complete list of each Subsidiary of Borrower. Borrower does not own any stock, partnership interest or other equity securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Plures Technologies, Inc./De)

Capitalization and Subsidiaries. Such Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Such Borrower does not own any stock, partnership interest or other equity securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower Borrowers in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (InfoLogix Inc)

Capitalization and Subsidiaries. Each Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. No Borrower does not own owns any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by a Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

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

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date March 26, 2014 is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

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

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a prompt written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Fuelcell Energy Inc)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 1 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Person other than those listed on Schedule 5.141, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

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

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided from time to time after the Closing Date, pursuant to the Compliance Certificate submitted in connection with the delivery of the quarterly financial statements pursuant to Section 7.1(b), is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Auris Medical Holding AG)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice or Compliance Certificate provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Neos Therapeutics, Inc.)

Capitalization and Subsidiaries. BorrowerBxxxxxxx’s capitalization as of the Closing Date is set forth on part B of Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as part A of Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Disc Medicine, Inc.)

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 5.11 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.141, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

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

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed heretoof the Disclosure Letter. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.141 of the Disclosure Letter, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

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

Capitalization and Subsidiaries. Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. ​ ​ Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Axsome Therapeutics, Inc.)

Capitalization and Subsidiaries. Each Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. No Borrower does not own owns any stock, partnership interest or other equity securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as is a true, correct and complete list of each Subsidiary. Such Schedule 5.14 may be updated by any Borrower in a written notice provided after the Closing Date, is provided that no such update shall be deemed a true, correct and complete list waiver of each Subsidiaryany Event of Default resulting from matters disclosed therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Diomed Holdings Inc)

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