Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements), Borrower shall provide written notice to Bank.
Appears in 3 contracts
Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material inbound license or other similar agreement (other than commercial off-the-shelf such license agreementsor agreement entered into in the Ordinary Course of Business of Borrower), Borrower shall provide written notice to BankBank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 3 contracts
Samples: Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.), Loan and Security Agreement (Santarus Inc), Loan and Security Agreement (Santarus Inc)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial offlicenses for over-the-shelf license agreementscounter software or technology that is commercially available to the public), Borrower shall provide written notice to BankBank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 3 contracts
Samples: Loan and Security Agreement (Northern Power Systems Corp.), Loan and Security Agreement (Wind Power Holdings Inc), Loan and Security Agreement (Wind Power Holdings Inc)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements), Borrower shall provide written notice to BankLender.
Appears in 2 contracts
Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements)agreement, Borrower shall provide written notice to BankBank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 2 contracts
Samples: Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (Neurobiological Technologies Inc /Ca/)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material inbound license or other similar agreement (other than commercial off-the-shelf license agreements)agreement, Borrower shall shall: (i) provide written notice to Bank.Bank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition; and (ii) in good faith use commercially reasonable efforts to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for Borrower’s interest in such licenses or contract rights to be deemed Collateral and for Bank to have a security interest in it that might otherwise be restricted by the terms of the applicable license
Appears in 2 contracts
Samples: Loan and Security Agreement (Cirius Therapeutics, Inc.), Loan and Security Agreement (Cirius Therapeutics, Inc.)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license inbound license, the failure, breach or other similar agreement (other than commercial off-the-shelf license agreements)termination of which could reasonably be expected to have a Material Adverse Effect, Borrower shall provide written notice to BankBank of the material terms of such license with a description of its likely impact on Borrower’s business or financial condition.
Appears in 1 contract
Samples: Loan and Security Agreement (TorreyPines Therapeutics, Inc.)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements)outside the ordinary course of Borrower’s business, Borrower shall provide written notice to BankBank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 1 contract
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements)agreement, failure of which to maintain in force and effect could reasonably be expected to have a Material Adverse Effect, Borrower shall provide written notice to BankBank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 1 contract
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material inbound license or other similar agreement (other than commercial off-the-shelf license agreements)agreement, Borrower shall shall: (i) provide written notice to Bank.Bank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition; and (ii) in good faith use commercially reasonable efforts to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for
Appears in 1 contract
Samples: Loan and Security Agreement (Liquidia Technologies Inc)
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements)agreement, Borrower shall provide written notice to BankLender of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 1 contract
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements)after the Closing Date, Borrower shall provide written notice to BankBank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 1 contract
Consent of Inbound Licensors. Prior to entering into or becoming bound by any material license or other similar agreement (other than commercial off-the-shelf license agreements)agreement, Borrower shall provide written notice to BankBank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition.
Appears in 1 contract
Samples: Loan and Security Agreement (Rainmaker Systems Inc)