Certain Agreements of Officers Employees and Consultants. (i) To the knowledge of Borrower, no officer, employee or consultant of Borrower is, or is now expected to be, in violation of any term of any employment contract, proprietary information agreement, nondisclosure agreement, noncompetition agreement, or any other material contract or agreement or any restrictive covenant relating to the right of any such officer, employee or consultant to be employed by Borrower because of the nature of the business conducted or to be conducted by Borrower or relating to the use of trade secrets or proprietary information of others, and to Borrower's knowledge, the continued employment of Borrower's officers, employees and consultants does not subject Borrower to any material liability for any claim or claims arising out of or in connection with any such contract, agreement, or covenant. (ii) To the knowledge of Borrower, no officers of Borrower, and no employee or consultant of Borrower whose termination, either individually or in the aggregate, could reasonably be expected to have a material adverse effect on the financial condition, business or operations of Borrower, has any present intention of terminating his or her employment or consulting relationship with Borrower.
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Samples: Loan and Security Agreement (Digirad Corp), Loan Agreement (Pilot Network Services Inc)
Certain Agreements of Officers Employees and Consultants. (i) To the knowledge of Borrower, no No officer, employee or consultant of Borrower is, or is now expected to be, in violation of any term of any employment contract, proprietary information agreement, nondisclosure agreement, noncompetition agreement, or any other material contract or agreement or any restrictive covenant relating to the right of any such officer, employee or consultant to be employed by Borrower because of the nature of the business conducted or to be conducted by Borrower or relating to the use of trade secrets or proprietary information of others, and to the best of Borrower's knowledge, after due inquiry, the continued employment of Borrower's officers, employees and consultants does do not subject Borrower to any material liability for any claim or claims arising out of or in connection with any such contract, agreement, or covenant.
(ii) To the knowledge of Borrower, no officers of Borrower, and no employee or consultant of Borrower whose termination, either individually or in the aggregate, could reasonably be expected to have a material adverse effect on the financial condition, business or operations of BorrowerMaterial Adverse Effect, has any present intention of terminating his or her employment or consulting relationship with Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Exodus Communications Inc)
Certain Agreements of Officers Employees and Consultants. (i) To the knowledge of Borrower, no officer, employee or consultant of Borrower is, or is now expected to be, in violation of any material term of any employment contract, proprietary information agreement, nondisclosure agreement, noncompetition agreement, or any other material contract or agreement or any restrictive covenant relating to the right of any such officer, employee or consultant to be employed by Borrower because of the nature of the business conducted or to be conducted by Borrower or relating to the use of trade secrets or proprietary information of others, and to Borrower's knowledge, the continued employment of Borrower's officers, employees and consultants does not subject Borrower to any material liability for any claim or claims arising out of or in connection with any such contract, agreement, or covenant.
(ii) To the knowledge of Borrower, no officers of Borrower, and no employee or consultant of Borrower whose termination, either individually or in the aggregate, could reasonably be expected to have a material adverse effect on the financial condition, business or operations of BorrowerMaterial Adverse Effect, has any present intention of terminating his or her employment or consulting relationship with Borrower.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Acusphere Inc)
Certain Agreements of Officers Employees and Consultants. (i) To the knowledge of Borrower's knowledge, no officer, employee or consultant of Borrower is, or is now expected to be, in material violation of any term of any employment contract, proprietary information agreement, nondisclosure agreement, noncompetition agreement, or any other material contract or agreement or any restrictive covenant relating to the right of any such officer, employee or consultant to be employed by Borrower because of the nature of the business conducted or to be conducted by Borrower or relating to the use of trade secrets or proprietary information of others, and to the best of Borrower's knowledge, the continued employment of Borrower's officers, employees and consultants does do not subject Borrower to any material liability for any claim or claims arising out of or in connection with any such contract, agreement, or covenant.
(ii) To the knowledge of Borrower, no officers of Borrower, and no employee or consultant of Borrower whose termination, either individually or in the aggregate, could reasonably be expected to have a material adverse effect on the financial condition, business or operations of BorrowerMaterial Adverse Effect, has any present intention of terminating his or her employment or consulting relationship with Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Shaman Pharmaceuticals Inc)