Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following: (a) timely receipt of any Payment/Advance Form; and (b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST
Appears in 8 contracts
Samples: Loan and Security Agreement (Invision Technologies Inc), Loan and Security Agreement (Stentor Inc), Loan and Security Agreement (Spectrian Corp /Ca/)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 8 contracts
Samples: Loan and Security Agreement (Zars Inc/Ut), Loan and Security Agreement (Lexar Media Inc), Loan and Security Agreement (Smart Move, Inc.)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTERESTtrue in all material respects.
Appears in 6 contracts
Samples: Loan and Security Agreement (Saba Software Inc), Loan and Security Agreement (Omniture, Inc.), Loan and Security Agreement (Saba Software Inc)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTERESTINTEREST -----------------------------
Appears in 4 contracts
Samples: Loan and Security Agreement (Novoste Corp /Fl/), Loan and Security Agreement (Lantronix), Loan and Security Agreement (Brio Technology Inc)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 4 contracts
Samples: Loan and Security Agreement (Intrabiotics Pharmaceuticals Inc /De), Loan and Security Agreement (I Flow Corp /De/), Loan and Security Agreement (Plumtree Software Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's Borrowers’ representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 3 contracts
Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 3 contracts
Samples: Loan and Security Agreement (PortalPlayer, Inc.), Loan and Security Agreement (Roxio Inc), Loan and Security Agreement (Sipex Corp)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely Timely receipt of any Payment/Advance Form; and
(b) the The representations and warranties in Section 5 must be materially true (subject to the materiality provisions in Section 5) on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 3 contracts
Samples: Loan and Security Agreement (Volcano CORP), Loan Agreement (Volcano CORP), Loan and Security Agreement (North American Scientific Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance FormLoan Supplement; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form Loan Supplement and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's Borrowers’ representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Science & Engineering Inc), Loan and Security Agreement (Art Technology Group Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's Borrowers’ representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (Witness Systems Inc), Loan and Security Agreement (Odimo INC)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations representation and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings Inc)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 4 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 4 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan Agreement (Pharsight Corp), Loan Agreement (Pharsight Corp)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's Borrower s representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (3d Systems Corp), Loan and Security Agreement (Synaptics Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section Article 5 must shall be materially true in all material respects on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section in Article 5 remain true. 4 CREATION OF SECURITY INTERESTtrue in all material respects.
Appears in 2 contracts
Samples: Loan Agreement (LTX Corp), Loan and Security Agreement (LTX Corp)
Conditions Precedent to all Credit Extensions. Bank's obligations obligation to make each Credit Extension, including the initial Credit Extension, is subject to the following:;
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST
Appears in 2 contracts
Samples: Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, Extension is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 2 contracts
Samples: Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Netlogic Microsystems Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true in all material respects on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTERESTtrue in all material respects.
Appears in 2 contracts
Samples: Loan and Security Agreement (Axs One Inc), Loan and Security Agreement (Aprimo, INC)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Payment/ Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTERESTtrue in all material respects.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. BankLender's obligations to make each Credit Extension, including the initial Credit Extension, is are subject to the following:
(a) timely receipt of any Loan Payment/Advance Request Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Loan Payment/Advance Request Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST
Appears in 1 contract
Samples: Loan and Security Agreement (Networth Technologies, Inc.)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true in all material respects on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely Timely receipt of any Payment/Advance Form; and
(b) the The representations and warranties in Section 5 must be materially true (subject to the materiality provisions in Section 5) on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section Article 5 must shall be materially true in all material respects on the date of the Payment/Advance Form any Credit Extension is requested by Borrower hereunder and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section in Article 5 remain true. 4 CREATION OF SECURITY INTERESTtrue in all material respects.
Appears in 1 contract
Samples: Letter of Credit Reimbursement Agreement (Finisar Corp)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTERESTINTEREST -----------------
Appears in 1 contract
Samples: Loan and Security Agreement (Crossworlds Software Inc)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) : timely receipt of any Payment/Advance Form; and
(b) and the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Samples: Loan and Security Agreement (Silicon Storage Technology Inc)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) : timely receipt of any Payment/Advance Form; and
(b) and the representations and warranties in Section 5 must shall be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Samples: Loan and Security Agreement (NMS Communications Corp)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form;
(b) timely receipt of a Transaction Report; and
(bc) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, Extension is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST4
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make --------------------------------------------- each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain materially true. 4 CREATION OF SECURITY INTERESTINTEREST -----------------------------
Appears in 1 contract
Samples: Loan and Security Agreement (Fusion Medical Technologies Inc)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt the satisfaction of any Payment/Advance Formthe conditions set forth in section 2.1.1 hereof with respect to the making of an Equipment Advance; and
(b) the representations and warranties in Section 5 hereof must be materially true on the date of the Payment/Advance Form submission of the Loan Supplement relating to the proposed Equipment Advances and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely Timely receipt of any Payment/Advance Transaction Report Form; and
(b) the The representations and warranties in Section 5 must be materially true (subject to the materiality provisions in Section 5) on the date of the Payment/Advance Transaction Report Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Samples: Loan and Security Agreement (Egain Communications Corp)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must shall be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Samples: Loan and Security Agreement (Genzyme Transgenics Corp)
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Loan Payment/Advance Request Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain materially true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section Article 5 must shall be materially true in all material respects on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may shall have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section in Article 5 remain true. 4 CREATION OF SECURITY INTERESTtrue in all material respects.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit ExtensionExtension for any Facility, including the initial Credit ExtensionExtension for that Facility, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's Borrowers' representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension Advance and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST
Appears in 1 contract
Samples: Loan and Security Agreement (Metro One Telecommunications Inc)
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and;
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST; and
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form, as applicable; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form Form, as applicable and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's ’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's ’s representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTERESTtrue as of such date.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following:
(a) timely receipt of any Payment/Advance Form, as applicable; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form Form, as applicable and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is Borrower's representation and warranty on that date that the representations and warranties of in Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Bank's obligations to make each Credit Extension, including the initial Credit Extension, is further subject to the following:
(a) timely receipt of any Payment/Advance Form; and
(b) the representations and warranties in Section 5 must be materially true on the date of the Payment/Advance Form and on the effective date of each Credit Extension and no Event of Default may have occurred and be continuing, or result from the Credit Extension. Each Credit Extension is the relevant Borrower's representation and warranty on that date that the representations and warranties of Section 5 remain true. 4 CREATION OF SECURITY INTEREST.
Appears in 1 contract
