Certification of Borrower. Borrower hereby certifies as follows with respect to the information contained in this Borrowing Base Certificate:
Certification of Borrower. Within 10 days after a written demand by Lender, Borrower will promptly deliver to Lender a certificate stating all of the following:
Certification of Borrower. I declare under penalty of perjury under the laws of the United States of America that the following is true and correct. I certify that the information contained in the Application and Note is true, complete and correct to the best of my knowledge and belief and is made in good faith. I certify that the proceeds of this Loan will be used for educational expenses as stated in the Application at My School named in the Application. I understand that I am responsible for repaying immediately any funds that I receive which were not to be used or which are not used for educational purposes for the academic period. I acknowledge, represent and warrant that: (a) I have read, understand, and agree to all of the terms and conditions of this Note, including the disclosures and the Arbitration Agreement and Waiver of Jury Trial, (b) this Note contains all of the terms of the agreement between me and you and that no representations or promises other than those contained in this Note have been made, (c) I specifically authorize withdrawals from my bank account that I have designated in the event that I signed a EFT Authorization, (d) I specifically authorize receiving text messages from you, if I provided you with a cell phone number, (e) I am not a debtor under any proceeding in bankruptcy and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code, (f) this Note was filled in before I signed it, and (g) I have received a copy of this Note.
Certification of Borrower. BORROWER warrants that BORROWER shall immediately notify LENDER if any of the following occurs:
Certification of Borrower. The undersigned hereby represents and warrants that:
Certification of Borrower. The Lender shall have received, no less than three (3) Business Days before the date of each Advance subsequent to the first Advance, a written statement from the Borrower that there have been no changes in the Development Budget for the Project or a written certification specifying the changes which have been made in such budget.
Certification of Borrower. In consideration of Bank funding the Advance under one of the Lines of Credit requested hereby, the undersigned authorized officer of Borrower represents, warrants and certifies to Bank as follows:
Certification of Borrower. The undersigned authorized officer on behalf of Borrower hereby certifies as follows:
Certification of Borrower. This request is made to East West Bank by an authorized representative (s) of Borrower, who signs below and who certifies that: (i) The representations and warranties by Borrower set forth in the Business Loan Agreement and Related Loan Documents (collectively “Loan Documents”) are true and correct in all materials respects (or, if conditioned on materiality, in all respects) as of the date made and as of the dated of this advanced request; (ii) Borrower is not in violation of any of the terms of the Loan Documents; (iii) no Event of Default has occurred and is continuing or would result from making the Loan Advance; and, (iv) there has been no material adverse change in Borrower’s financial condition since the Loan Documents were executed. Authorized Signature: Printed Name/Title: Authorized Signature: Printed Name/Title: EAST WEST BANK OFFICE USE ONLY EWB Verification: ☐ Authorize Signature ☐ ABL Availability: $ Maturity Date: SPECIAL INSTRUCTIONS Prepared By: Printed Name/Title: Signature Approved By: Printed Name/Title: Signature LOAN SERVICING DEPARTMENT ONLY Processed By: Date: EXHIBIT D COMPLIANCE CERTIFICATE Please send all Required Reporting to: East West Bank 0000 Xxxxxxx Xxxxxxx Xxxx., Xxxxx 000 Xxxxx Xxxxx, XX 00000 Fax: (000) 000-0000 FROM: BERKELEY LIGHTS, INC. The undersigned authorized Officer of BERKELEY LIGHTS, INC. (“Borrower”), hereby certifies, solely in his or her capacity as an officer of the company and not in his or her individual capacity that in accordance with the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the “Agreement”), (i) Borrower is in complete compliance for the period ending with all required covenants, including without limitation the ongoing registration of intellectual property rights in accordance with Section 6.9, except as noted below and (ii) all representations and warranties of Borrower stated in the Agreement are true and correct in all material respects as of the date hereof. Attached herewith are the required documents supporting the above certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistently applied from one period to the next except as explained in an accompanying letter or footnotes. Please indicate compliance status by circling Yes/No under “Complies” or “Applicable” column.
