Common use of Conditions Precedent to Initial Credit Extension Clause in Contracts

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires.

Appears in 69 contracts

Samples: Loan and Security Agreement (Corillian Corp), Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)

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Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires.

Appears in 29 contracts

Samples: Loan and Security Agreement (Drugstore Com Inc), Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Alexza Pharmaceuticals Inc.)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreementsBank shall have received, documents in form and fees it requires.substance satisfactory to Bank, such documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation:

Appears in 7 contracts

Samples: Loan and Security Agreement (Owlet, Inc.), Loan and Security Agreement (Innovid Corp.), Loan and Security Agreement (Limelight Networks, Inc.)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive receives the agreements, documents and fees it requires.

Appears in 5 contracts

Samples: Loan and Security Agreement (Zynex Medical Holdings Inc), Loan and Security Agreement (Synthetech Inc), Loan and Security Agreement (Neah Power Systems, Inc.)

Conditions Precedent to Initial Credit Extension. Bank's The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that it receive Bank shall have received, in form and substance satisfactory to Bank, the agreements, documents following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and fees it requires.resolutions authorizing the execution and delivery of this Agreement;

Appears in 5 contracts

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

Conditions Precedent to Initial Credit Extension. Bank's The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that it receive Bank shall have received, in form and substance satisfactory to Bank, the agreements, documents following: (a) this Agreement; (b) a certificate of an officer of each Borrower with respect to incumbency and fees it requires.resolutions authorizing the execution and delivery of this Agreement;

Appears in 4 contracts

Samples: Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX Holdings LTD)

Conditions Precedent to Initial Credit Extension. Bank's obligation ’s obligations to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresre quires in order to effectuate the purposes of this Agreement and related transactions and such other items as the Bank may reasonably determine are necessary or advisable in connection herewith.

Appears in 2 contracts

Samples: Loan Agreement (Volcano CORP), Loan and Security Agreement (Volcano CORP)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents documents, and fees it requires.

Appears in 2 contracts

Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires. Borrowers will deliver to Bank with the request for the initial Advance under the Committed Guaranteed Revolving Line and the Term Loan a payoff letter from Banc One.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kanbay International Inc), Loan and Security Agreement (Kanbay International Inc)

Conditions Precedent to Initial Credit Extension. Bank's The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that it receive Bank shall have received, in form and substance satisfactory to Bank, the agreements, documents and fees it requires.following:

Appears in 2 contracts

Samples: Loan and Security Agreement (BlackSky Technology Inc.), Loan and Security Agreement (Rf Micro Devices Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresin this document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ramtron International Corp), Loan and Security Agreement (Ramtron International Corp)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive receives the agreements, documents and fees it requires.

Appears in 2 contracts

Samples: Loan and Security Agreement (Transoma Medical Inc), Loan and Security Agreement (Roxio Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequired hereunder, as well as verification of its first priority interest in the Collateral.

Appears in 2 contracts

Samples: Loan and Security Agreement (Optio Software Inc), Loan and Security Agreement (Optio Software Inc)

Conditions Precedent to Initial Credit Extension. Bank's The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that it receive Bank shall have received, in form and substance satisfactory to Bank, the agreements, documents and fees it requires.following: 12 14 (a) this Agreement;

Appears in 1 contract

Samples: Loan and Security Agreement (Va Linux Systems Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the Loan Documents and any other agreements, documents and fees it requires.

Appears in 1 contract

Samples: Loan Agreement (Manugistics Group Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive receives the agreements, documents and fees it requires. In addition, Bank’s obligation to make the initial Advance under the Committed Revolving Line is subject to Bank’s audit of Borrower’s Collateral, at Borrower’s expense, with results satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Xata Corp /Mn/)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive Bank receives the agreements, documents and fees it requiresprovided for herein.

Appears in 1 contract

Samples: Loan and Security Agreement (Anda Networks Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires. Prior to the initial Credit Extension (other than the Initial Equipment Advance), Bank shall audit Borrower's Collateral with results satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Alteon Websystems Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, agreements and documents that it reasonably requires and fees that it requires; provided, however, that fees shall not exceed $5,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Durect Corp)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreementsBank shall have received, documents in form and fees it requires.substance satisfactory to Bank, such documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation: (a) duly executed Loan Documents;

Appears in 1 contract

Samples: Loan and Security Agreement (SI-BONE, Inc.)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension after the Effective Date is subject to the condition precedent that it receive the agreementsBank shall have received, documents in form and fees it requires.substance satisfactory to Bank, such documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation:

Appears in 1 contract

Samples: Loan and Security Agreement (Rubicon Project, Inc.)

Conditions Precedent to Initial Credit Extension. Bank's Lenders' obligation to make the initial Credit Extension is subject to the condition precedent that it they receive the agreements, documents and fees it requiresthey require.

Appears in 1 contract

Samples: Loan and Security Agreement (Onyx Software Corp/Wa)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Initial Credit Extension is subject to the condition conditions precedent that Bank receive satisfactory results from an audit of Borrowers Accounts and it receive the agreements, documents and fees it requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Natus Medical Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires, including, without limitation, the warrant to purchase stock, the negative pledge agreement, certified corporate resolutions and the third party agreements regarding third party locations of Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Kintera Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires and Bank audits Borrower's Collateral with results satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Optika Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires and Bank's completion of Borrower's Collateral audit with results satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Fusion Medical Technologies Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents documents, and fees it requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires and further, the first Advance (but not the issuance of any Letters of Credit) is further subject to Bank's receipt of a satisfactory audit of the Borrower's Books and Records.

Appears in 1 contract

Samples: Loan and Security Agreement (Witness Systems Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive that: (a) Bank receives the agreements, documents and fees it requires, and (b) Bank completes a Collateral audit with results satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Novoste Corp /Fl/)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires and the completion of Borrower's initial public offering.

Appears in 1 contract

Samples: Loan and Security Agreement (Insilicon Corp)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreementsBank shall have received, documents in form and fees it requires.substance satisfactory to Bank, such documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation: (a) duly executed Loan Documents; (

Appears in 1 contract

Samples: Loan and Security Agreement (Sonder Holdings Inc.)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires and the representations and warranties in Section 5 must be true as of such date.

Appears in 1 contract

Samples: Loan and Security Agreement (Immunicon Corp)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive Bank's having received the agreements, documents and fees that it requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Exelixis Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresthat are required under this Agreement, including without limitation the following: (a) Borrower shall execute and deliver this Agreement and this Agreement shall be accepted by Bank; and (b) Borrower shall pay to Bank the Facility Fee and Bank Expenses.

Appears in 1 contract

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

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires relating to the transactions contemplated under this Agreement and all other Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Dpac Technologies Corp)

Conditions Precedent to Initial Credit Extension. Bank's Banks obligation to make the initial Credit Extension is subject to the condition precedent that it that: (a) It receive the agreements, documents and fees it requires; and (b) Bank completes a Collateral audit with results satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Synaptics Inc)

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Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive Bank shall have received, in form and substance satisfactory to Bank, the agreements, documents and fees it requires.following:

Appears in 1 contract

Samples: Loan and Security Agreement (Agenus Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension for each Facility is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires for that Facility.

Appears in 1 contract

Samples: Loan and Security Agreement (Click2learn Com Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires. Bank's obligation to make the initial Advance is further subject to Bank's examination and approval of Borrower's Eligible Accounts and Borrower's Collateral, as determined by the pre-funding examination and audit.

Appears in 1 contract

Samples: Loan and Security Agreement (Epoch Biosciences Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires; and Bank's receipt and satisfactory review of results from the initial audit of Borrower's Collateral. Bank's receipt of evidence of Borrower's application provided to the U.S. Copyright Office listing copyrights to be filed with such office.

Appears in 1 contract

Samples: Loan and Security Agreement (Webridge Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive following conditions precedent: (a) With respect to the initial Credit Extension under the Committed Revolving Line only, Bank shall have conducted a satisfactory field audit of the Borrower; and (b) Bank receives the agreements, documents and fees it reasonably requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Synchronoss Technologies Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires.. 4 CREATION OF SECURITY INTEREST 4.1

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiac Science Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition conditions precedent that it receive receives payment of the Loan Facility Fee, the results of the initial collateral audit (at Borrower's expense, which shall not exceed $2,000) satisfactory to Bank, and the agreements, documents and other fees it requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Imatron Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents documents, financial statements, certificates, assurances and fees required under the terms of this Agreement, including such additional agreements, documents, financial statements, certificates and assurances as it requiresmay reasonably request to accomplish the terms of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Preview Systems Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires in its good faith business judgment, and shall include, without limitation, the satisfaction of the audit condition set forth in Section 6.2(d) hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Vascular Solutions Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresset forth herein.

Appears in 1 contract

Samples: Loan and Security Agreement (Plumtree Software Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires; and Borrower shall pay in full any outstanding principal and interest under the existing term loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Metro One Telecommunications Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the following conditions precedent: (a) receipt by Bank of a fully executed Securities Account Control Agreement, in form and substance satisfactory to Bank, with respect to Borrower’s investment accounts maintained at SVB Securities, Inc.; and (b) receipt by Bank of all other agreements, documents and fees it requiresthat Bank may require.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexar Media Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive receives the agreements, documents and fees it reasonably requires, including the Guaranty of Partners Group.

Appears in 1 contract

Samples: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires and receipt of an opinion letter as total enforceability of this Agreement with respect to Applied Imaging International Limited .

Appears in 1 contract

Samples: Loan and Security Agreement (Applied Imaging Corp)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires in its good faith business judgment, including, without limitation, the delivery of a subordination agreement by Astoria Capital Partners, L.P. with respect to obligations owing by Borrower to such party and with such subordination agreement being acceptable to Bank in its discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Raining Data Corp)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents documents, Bank’s audit of Borrower’s Collateral and fees it requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Analogic Technologies Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive the following: (a) the agreements, documents and fees it requires; and (b) evidence satisfactory to Bank in Bank’s sole discretion of a minimum investment of new equity in an amount not less than $6,870,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Sigmatel Inc)

Conditions Precedent to Initial Credit Extension. Bank's Banks obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Actuate Software Corp)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requiresrequires and Borrower meets the criteria described in the definition of Committed Bridge Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Gric Communications Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it requires, including a Consent of Landlord from the landlord of each Borrower in the form attached as Exhibit E or such other form as may be approved by Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Perficient Inc)

Conditions Precedent to Initial Credit Extension. Bank's ’s obligation to make the initial Credit Extension is subject to the condition precedent that it receive Bank shall have received the agreementsfollowing, documents in form and fees it requires.substance satisfactory to Bank:

Appears in 1 contract

Samples: Loan Agreement (Lojack Corp)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent precedents that it receive Bank receives: (a) an executed copy of this Agreement along with a completed Schedule; and (b) all Bank Expenses due (as of such date) and the agreements, documents and fees it requiresloan fee pursuant to Section 2.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Cancervax Corp)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it that: (a) It receive the agreements, documents and fees it requires; and (b) Bank completes a Collateral audit with results satisfactory to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Synaptics Inc)

Conditions Precedent to Initial Credit Extension. Bank's obligation to make the initial Credit Extension is subject to the condition precedent that it receive the agreements, documents and fees it reasonably requires.

Appears in 1 contract

Samples: Loan and Security Agreement (Limelight Networks, Inc.)

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