Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions: (a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and (b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 14 contracts
Samples: Loan and Security Agreement (Marimba Inc), Loan and Security Agreement (Resound Corp), Loan and Security Agreement (Thermatrix Inc)
Conditions Precedent to All Advances. The obligation of Bank to ------------------------------------ make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 5 contracts
Samples: Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Thermatrix Inc), Loan and Security Agreement (Jetfax Inc)
Conditions Precedent to All Advances. The obligation of Bank to make ------------------------------------ each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 2 contracts
Samples: Loan and Security Agreement (Verisity LTD), Loan and Security Agreement (Corsair Communications Inc)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower Borrowers on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 2 contracts
Samples: Loan and Security Agreement (Isky Inc), Loan Agreement (Lionbridge Technologies Inc /De/)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and;
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 2 contracts
Samples: Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Versata Inc)
Conditions Precedent to All Advances. The obligation of Bank Lender to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank Lender of the Payment/Advance Form as provided in Section SECTION 2.1; and
(b) the representations and warranties contained in Section SECTION 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section SECTION 3.2(b).
Appears in 2 contracts
Samples: Subordination Agreement (Intervisual Books Inc /Ca), Subordination Agreement (Zindart LTD)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The Except as otherwise disclosed to Bank in writing, and approved by Bank, the making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 2 contracts
Samples: Loan and Security Agreement (Calypte Biomedical Corp), Loan and Security Agreement (Connetics Corp)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.12. 1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).be
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, Advance including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 4 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Samples: Loan Agreement (Systemsoft Corp)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1SECTION 2. 1; and
(b) the representations and warranties contained in Section SECTION 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section SECTION 3.2(b).
Appears in 1 contract
Samples: Loan and Security Agreement (Headway Technologies Inc)
Conditions Precedent to All Advances. The obligation of Bank to make ------------------------------------ each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.121; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b32(b).
Appears in 1 contract
Samples: Loan and Security Agreement (C-Bridge Internet Solutions Inc)
Conditions Precedent to All Advances. The obligation of Bank to ------------------------------------ make each Advance, including the initial Advance, is further subject to the following conditions:
: (a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
and (b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b). 4.
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Associates Inc)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Request Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Transaction Report and Loan Request Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Transaction Report and Loan Request Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower Borrowers on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Samples: Loan and Security Agreement (Simione Central Holdings Inc)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The Except as otherwise disclosed in writing to Bank, the making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though dough made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a1) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b2) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form or LIBOR Rate Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form or LIBOR Rate Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to ------------------------------------ make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation presentation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank ------------------------------------ to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(aA) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1SECTION 2.1 or 2.4; and
(bB) the representations and warranties contained in Section SECTION 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(bSECTION 3.2(B).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to ------------------------------------ make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; 2.3 and
(b) the representations and warranties contained in Section 5 Article VI shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b5.2(b).
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)
Conditions Precedent to All Advances. The obligation of the Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a1) timely receipt by the Bank of the a Payment/Advance Form as provided in Section 2.1; and
(b2) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Samples: Loan Agreement (Moldflow Corp)
Conditions Precedent to All Advances. The obligation of Bank Lender to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank Lender of the Payment/Advance Form a Borrowing Certificate as provided in m Section 2.1; and;
(b) the representations each representation and warranties warranty contained in Section 5 shall be true and correct accurate in all material respects on and as of the date of such Payment/Advance Form Borrowing Certificate and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in subsection (c) of this Section 3.2(b)3.2.
Appears in 1 contract
Samples: Master Credit Agreement (Domark International Inc.)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, Advance including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank Lender to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank Lender of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) : timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) and the representations and warranties contained in Section 5 4 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, and to issue Letters of Credit is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower Borrowers on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Loan Payment/Advance Telephone Request Form as provided in Section 2.1; and
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Telephone Request Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to ------------------------------------ make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and;
(b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b3.3(b).
Appears in 1 contract
Samples: Loan and Security Agreement (Somnus Medical Technologies Inc)
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
: (a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
and (b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b3.3(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
: (a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and
and (b) the representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section SECTION 2.1; and
(b) the representations and warranties contained in Section SECTION 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section SECTION 3.2(b).
Appears in 1 contract
Conditions Precedent to All Advances. The obligation of Bank to ------------------------------------ make each Advance, including the initial Advance, is further subject to the following conditions:
(a) timely receipt by Bank of the Payment/Advance Form as provided in Section 2.1; and;
(b) the The representations and warranties contained in Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Advance as though made at and as of each such date, and no Event of Default shall have occurred and be continuing, or would result from such Advance. The making of each Advance shall be deemed to be a representation and warranty by Borrower on the date of such Advance as to the accuracy of the facts referred to in this Section 3.2(b).
Appears in 1 contract