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

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and 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.)

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Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary an officer of each Borrower with respect to incumbency and 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. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a1) this Agreement; (b2) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (3) an opinion of Borrower's counsel; (4) financing statements (Forms UCC-1); (5) insurance certificate; (6) payment of the fees and Bank Expenses then due specified in Section 2.3 hereof;

Appears in 3 contracts

Samples: Loan and Security Agreement (Learningstar Inc), Loan and Security Agreement (Smarterkids Com Inc), Loan and Security Agreement (Smarterkids Com Inc)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the followingsuch documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation: (a) duly executed original signatures to this Agreement; (b) a certificate duly executed original signatures to the Borrowing Resolutions for Borrower (to be delivered in accordance with the requirements of Section 3.3 hereof); and (c) payment of the Secretary of Borrower with respect to incumbency fees and resolutions authorizing the execution and delivery of this Agreement;Bank Expenses then due as specified in Section 2.4 hereof.

Appears in 2 contracts

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

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

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. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of each Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 2 contracts

Samples: Loan and Security Agreement (Bacterin International Holdings, Inc.), Loan and Security Agreement (Document Capture Technologies, Inc.)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a an officer’s certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) agreement to provide insurance; (d) payment of the fees and Bank Expenses then due specified in Section 2.5; and (e) such other documents or certificates, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Masergy Communications Inc)

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

Appears in 2 contracts

Samples: Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (Auriga Laboratories, Inc.)

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

Appears in 2 contracts

Samples: Loan and Security Agreement (Jl Halsey Corp), Loan and Security Agreement (Pac-West Telecomm Inc)

Conditions Precedent to Initial Credit Extension. The obligation of ------------------------------------------------ Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, Bank the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) financing statements (Forms UCC-1); (d) insurance certificate; (e) payment of the fees and Bank Expenses then due specified in Section 2.4 hereof;

Appears in 1 contract

Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a1) this Agreement; (b2) a Negative Pledge Agreement; (3) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (4) an opinion of Borrower's counsel; (5) financing statements (Forms UCC-1); (6) insurance certificate; (7) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof;

Appears in 1 contract

Samples: Loan and Security Agreement (Juno Online Services Inc)

Conditions Precedent to Initial Credit Extension. The Each Bank's obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the followingfollowing conditions precedent: (a) this Agreementreceipt of the agreements, documents and fees they require; (b) a certificate due diligence inquiry conducted by the Banks to their reasonable satisfaction and which does not result in the discovery of any facts or circumstances which would negatively affect, in the Banks' sole discretion, collectibility of any Credit Extensions; and; (c) receipt by the Banks of copies of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;insurance policies required by Section 5.5.

Appears in 1 contract

Samples: Loan Agreement (Advanced Energy Industries Inc)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the followingsuch documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation: (a) this Agreementduly executed Loan Documents; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

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

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) an Opinion of Borrower's Counsel; (d) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof;

Appears in 1 contract

Samples: Loan and Security Agreement (Eprise Corp)

Conditions Precedent to Initial Credit Extension. The effectiveness of this Agreement and Bank’s obligation of Bank to make the initial Credit Extension is shall be subject to the condition precedent that Bank shall have receivedsatisfaction or waiver, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;following conditions precedent:

Appears in 1 contract

Samples: Loan and Security Agreement (Tenaya Therapeutics, Inc.)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, it receive the following: (a) this Agreement;the agreements, documents and fees it requires; and (b) evidence satisfactory to Bank in Bank’s sole discretion of a certificate minimum investment of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;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. The Bank's obligation of Bank to make the initial Credit Extension is subject to the condition precedent precedents that Bank shall have received, in form and substance satisfactory to Bank, the followingreceives: (a) an executed copy of this Agreement;Agreement along with a completed Schedule; and (b) a certificate all Bank Expenses due (as of such date) and the Secretary of Borrower with respect loan fee pursuant to incumbency and resolutions authorizing the execution and delivery of this Agreement;Section 2.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Cancervax Corp)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension after the Closing Date is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to the certificate of incorporation, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) an intellectual property security agreement; (d) affirmations of subordination from certain Persons; and (e) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmchem Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance reasonably satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) financing statements (Forms UCC-1);

Appears in 1 contract

Samples: Loan and Security Agreement (Novatel Wireless Inc)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension after the Effective Date is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the followingsuch documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

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

Conditions Precedent to Initial Credit Extension. The Bank's obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) the Revolving Promissory Note, the Equipment Term Note, the negative pledge agreement covering intellectual property; (d) financing statements (Forms UCC-1);

Appears in 1 contract

Samples: Loan and Security Agreement (Atherogenics Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Evolving Systems Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of each Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (d) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Kana Software Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) : this Agreement; a promissory note evidencing the amounts owing under Sections 2.1.1 hereof; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

Samples: Loan and Security Agreement (Home Director Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreementfinancing statement (Form UCC-1);

Appears in 1 contract

Samples: Loan and Security Agreement (Force10 Networks Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: 12 14 (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Loan Agreement (Lojack Corp)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the followingfollowing conditions precedent: (ai) this Agreement; Borrower’s financial projections, approved by Borrower’s board of directors, in a format reasonably acceptable to Bank (b) a certificate and Bank hereby acknowledges that the format of Borrower’s projections delivered to Bank prior to the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;Effective Date is acceptable).

Appears in 1 contract

Samples: Loan and Security Agreement (Kosan Biosciences Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary Clerk of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) payment of the fees and Bank Expenses then due specified in Section 2.4 hereof;

Appears in 1 contract

Samples: Loan and Security Agreement (LTX Corp)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a financing statement (Form UCC-1);

Appears in 1 contract

Samples: Loan and Security Agreement (MSC Software Corp)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) agreement to provide insurance; (d) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (e) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Bsquare Corp /Wa)

Conditions Precedent to Initial Credit Extension. The obligation ------------------------------------------------ of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) automatic payment form; (d) payment of the fees and Bank Expenses then due specified in Section 2.4 hereof; and (e) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan Agreement (Logicvision Inc)

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Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (d) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Persistence Software Inc)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have receivedit receive the agreements, in form documents and substance satisfactory to Bankfees that are required under this Agreement, including without limitation the following: (a) Borrower shall execute and deliver this Agreement;Agreement and this Agreement shall be accepted by Bank; and (b) a certificate of Borrower shall pay to Bank the Secretary of Borrower with respect to incumbency Facility Fee and resolutions authorizing the execution and delivery of this Agreement;Bank Expenses.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Loan and Security Agreement (NMS Communications Corp)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Soundbite Communications Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a1) this Agreement; (b2) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (3) financing statements (Forms UCC-1); (4) insurance certificate; (5) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (6) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Laserscope)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the followingsuch documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation: (a) this Agreementduly executed signatures to the Loan Documents; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

Samples: Loan and Security Agreement (Similarweb Ltd.)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a legal opinion of Borrower's in-house counsel, in form and substance acceptable to Bank;

Appears in 1 contract

Samples: Loan and Security Agreement (Ibasis Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension after the Closing Date is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) an intellectual property security agreement; and (d) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmchem Laboratories Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this AgreementAgreement and the other Loan Documents required by Bank; (b) a an officer’s certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this AgreementAgreement and the other Loan Documents; (c) the Pricing Addendum; (d) a financing statement (Form UCC-1);

Appears in 1 contract

Samples: Loan and Security Agreement (K2 Therapeutics, Inc.)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, each the followingfollowing items and completed each of the following requirements: (a) this Agreement; (b) a an officer’s certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

Samples: Loan and Security Agreement (Active Network Inc)

Conditions Precedent to Initial Credit Extension. The obligation of ------------------------------------------------ Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this AgreementAgreement executed by the Borrower; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

Samples: Loan and Security Agreement (Open Market Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Agenus Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank bank to make the initial Credit Extension is subject to n the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) an agreement to provide insurance; (d) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; (e) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Scientific Learning Corp)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that following conditions precedent: (a) receipt by Bank shall have receivedof a fully executed Securities Account Control Agreement, in form and substance satisfactory to Bank, the following: (a) this Agreement;with respect to Borrower’s investment accounts maintained at SVB Securities, Inc.; and (b) a certificate receipt by Bank of the Secretary of Borrower with respect to incumbency all other agreements, documents and resolutions authorizing the execution and delivery of this Agreement;fees that Bank may require.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexar Media Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) two financing statements (Form UCC-1);

Appears in 1 contract

Samples: Loan and Security Agreement (Aspect Medical Systems Inc)

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) agreement to provide insurance; (d) payment of the fees and Bank Expenses then due specified in Section 2.4 hereof; and (e) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan Agreement (Persistence Software Inc)

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

Appears in 1 contract

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

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a warrant; (d) a financing statement (Form UCC-1); and (e) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Appears in 1 contract

Samples: Loan and Security Agreement (Musicmaker Com Inc)

Conditions Precedent to Initial Credit Extension. The Bank’s obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: such documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate, including, without limitation: (a) this Agreement; duly executed Loan Documents; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement;

Appears in 1 contract

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

Conditions Precedent to Initial Credit Extension. The obligation of Bank to make the initial Credit Extension is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) financing statements (Forms UCC-1);

Appears in 1 contract

Samples: Loan and Security Agreement (E Loan Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Synaptics Inc)

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