Common use of Consent of Inbound Licensors Clause in Contracts

Consent of Inbound Licensors. Prior to entering into or becoming bound by any inbound license that is material to the conduct of its business (other than commercially available off-the-shelf software or open source software) in the future, Borrower shall: (i) provide written notice to Lender of the material terms of such license 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 Lender to have a security interest therein, provided, however, that the failure to obtain any such consent or waiver shall not constitute a default under this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Talend SA), Loan and Security Agreement (Talend SA), Loan and Security Agreement (Talend SA)

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Consent of Inbound Licensors. Prior to entering into or becoming bound by any material inbound license that is material to or agreement in the conduct of its business future (other than commercially available off-the-with respect to off the shelf software licenses or open source software) in the futureagreements), Borrower shall: (i) provide written notice to Lender 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 Lender to have a security interest therein, provided, however, that the failure to obtain any such consent or waiver shall not constitute a default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Xtera Communications, Inc.)

Consent of Inbound Licensors. Prior to entering into or becoming bound by any inbound license that is material to the conduct of its business or similar agreement (other than excluding commercially available off-the-shelf commercial software or open source software) in the futurelicenses), Borrower shall: (i) provide written notice to Lender 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 best 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 Lender Bank to have a security interest thereinin it that might otherwise be restricted by the terms of the applicable license or agreement, provided, however, that whether now existing or entered into in the failure to obtain any such consent or waiver shall not constitute a default under this Agreementfuture.

Appears in 1 contract

Samples: Loan and Security Agreement (Safeguard Scientifics Inc)

Consent of Inbound Licensors. Prior to entering into or becoming bound by any inbound license or agreement that is reasonably likely to have a material to the conduct of its impact on Borrowers' business (other than commercially available off-the-shelf software or open source software) in the futurefinancial condition, Borrower Borrowers shall: (i) provide written notice to Lender Bank of the material terms of such license or agreement with a description of its likely impact on Borrower’s Borrowers' business or financial condition; and (ii) in good faith use commercially reasonable efforts take such steps as Bank requests to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for Borrower’s Borrowers' interest in such licenses or contract rights to be deemed Collateral and for Lender Bank to have a security interest thereinin it that might otherwise be restricted by the terms of the applicable license or agreement, provided, however, that whether now existing or entered into in the failure to obtain any such consent or waiver shall not constitute a default under this Agreementfuture.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

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Consent of Inbound Licensors. Prior to entering into or becoming bound by any inbound license that is material to the conduct of its business (other than commercially available off-the-shelf software or open source software) and licenses for equipment and “IT” Operations entered into in the futurenormal course of business) or agreement relating to the license or use of technology (“IT Agreement”), Borrower shall: (i) provide written notice to Lender Bank of the material terms of such license IT 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 Lender Bank to have a security interest thereinin it that might otherwise be restricted by the terms of the applicable IT Agreement, whether now existing or entered into in the future, provided, however, that the failure to obtain any such consent or waiver shall not constitute a default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Vistaprint LTD)

Consent of Inbound Licensors. Prior to entering into or becoming bound in the future by any inbound license that is or agreement material to the conduct business of its business (other than Borrower and not readily commercially available off-the-shelf software or open source software) in to the futurepublic, Borrower shall: (i) provide written notice to Lender 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 Lender to have a security interest therein, provided, however, that the failure to obtain any such consent or waiver shall not constitute a default under this Agreement.

Appears in 1 contract

Samples: Security Agreement (Accelerize New Media Inc)

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