Common use of Conditions Precedent to any and all Advances Clause in Contracts

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice of Borrowing with respect to the proposed Advance; (iv) Lender’s security interests in the Collateral are valid and first priority, except for Permitted Liens; and (v) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.

Appears in 7 contracts

Samples: Secured Promissory Note (Kythera Biopharmaceuticals Inc), Loan and Security Agreement (AtriCure, Inc.), Loan and Security Agreement (Fluidigm Corp)

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Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice of Borrowing with respect to the proposed Advance; (iv) Lender’s 's security interests in the Collateral are valid and first priority, except for Permitted Liens; (v) Borrower shall have opened a new account #00000-00000 with Bank of America and Lender shall have received a signed Control Agreement for such account and any other new accounts with said institution; and (vvi) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item.

Appears in 3 contracts

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

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole reasonable discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice of Borrowing with respect to the proposed Advance; (iv) Lender’s security interests in the Collateral are valid and first priority, except for Permitted Liens; and (v) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. satisfied in order to establish or verify compliance with the terms of this Agreement or perfect the security interests contemplated by this Agreement, The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cerulean Pharma Inc.), Loan and Security Agreement (Cerulean Pharma Inc.)

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, Advance and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) Lender’s receipt of all items of due diligence requested; (iii) all third party consents required by Lender; (iv) no Default or Event of Default has occurred and is continuing; (iiiv) delivery of a Notice of Borrowing with respect to the proposed Advance; (ivvi) Lender’s security interests in the Collateral are valid and first priority, except for Permitted Liens; and (vvii) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.

Appears in 2 contracts

Samples: Loan and Security Agreement (GlassHouse Technologies Inc), Loan and Security Agreement (GlassHouse Technologies Inc)

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice of Borrowing with respect to the proposed Advance; (iv) Lender’s security interests in the Collateral are valid and first priority, except for Permitted Liens; and (v) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Fluidigm Corporation

Appears in 1 contract

Samples: Secured Promissory Note (Fluidigm Corp)

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Stock Pledge Agreements, the Warrant, and all other UCC financing statements, statements and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice of Borrowing with respect to the proposed Advance; (iv) Lender’s security interests in the Collateral are valid and first priority, except for Permitted Liens; and (v) all such other items as Lender may reasonably deem necessary or appropriate (which shall not include account control agreements unless Lender and Borrower agree otherwise) have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.

Appears in 1 contract

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

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, the Deed of Trust, a Note evidencing the Advance, the Warrant, Advance and all other UCC financing statements, statements and other documents (including the Loan Documents) required or as specified herein have been duly authorized, executed and delivereddelivered to Lender; (ii) all third party consents required by Lender; (iii) no Default or Event of Default has occurred and is continuing; (iiiiv) delivery of a Notice of Borrowing with respect to the proposed Advance; Advance (ivv) Lender’s security interests in the Collateral are valid and first priority, except for priority (subject and subordinate only to the Permitted Liens); and (vvi) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.

Appears in 1 contract

Samples: Loan Agreement (Sterling Equity Holdings Inc)

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance reasonably satisfactory to Lender in its sole discretionLender: (i) this Agreement, a Note evidencing the Advance, the Warrant, and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice of Borrowing with respect to the proposed Advance; (iv) Lender’s 's security interests in the Collateral are valid and first priority, except for Permitted Liens; and (v) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item.

Appears in 1 contract

Samples: Loan and Security Agreement (NovaCardia Inc)

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Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, Advance and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) Lender's receipt of all items of due diligence requested, including copies of agreements referenced in SECTION 5.11; (iii) all third party consents required by Lender; (iv) no Default or Event of Default has occurred and is continuing; (iiiv) delivery of a Notice of Borrowing with respect to the proposed Advance; Advance (ivvi) Lender’s 's security interests in the Collateral are valid and first priority, except for Permitted Liens; and (vvii) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item.

Appears in 1 contract

Samples: Loan and Security Agreement (Combinatorx, Inc)

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice notice of Borrowing with respect to the proposed Advance; (iv) Lender’s security interests in the Collateral are valid and first priority, except for Permitted Liens; : and (v) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.

Appears in 1 contract

Samples: Loan and Security Agreement (Restore Medical, Inc.)

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole reasonable discretion: (i) this AgreementAgreement duly executed by each Borrower, a Note evidencing the AdvanceAdvance duly executed by Parent, the WarrantWarrant duly executed by Parent, the Stock Pledge Agreements and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) no Default or Event of Default has occurred and is continuing; (iii) delivery of a Notice of Borrowing with respect to the proposed Advance; (iv) Lender’s security interests in the Collateral are valid and first priority, except for Permitted Liens; and (v) all such other items as Lender may reasonably deem necessary or appropriate have been delivered or satisfiedsatisfied in order to establish or verify compliance with the terms of this Agreement or perfect the security contemplated by it. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s obligation to deliver such item.

Appears in 1 contract

Samples: Share Pledge Agreement (Zipcar Inc)

Conditions Precedent to any and all Advances. The obligation of Lender to make any Advances is subject to each and every of the following conditions precedent in form and substance satisfactory to Lender in its sole discretion: (i) this Agreement, a Note evidencing the Advance, the Warrant, Advance and all other UCC financing statements, and other documents required or as specified herein have been duly authorized, executed and delivered; (ii) Lender's receipt of all items of due diligence requested; (iii) all third party consents reasonably required by Lender; (iv) no Default or Event of Default has occurred and is continuing; (iiiv) delivery of a Notice of Borrowing with respect to the proposed Advance; Advance (ivvi) Lender’s 's security interests in the Collateral are valid and first priority, except for Permitted Liens; and (vvii) all such other items terms as Lender may reasonably deem necessary or appropriate have been delivered or satisfied. The extension of an Advance prior to the receipt by Lender of any of the foregoing shall not constitute a waiver by Lender of Borrower’s 's obligation to deliver such item.

Appears in 1 contract

Samples: Loan and Security Agreement (NxStage Medical, Inc.)

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