Common use of Covenant to Deliver Clause in Contracts

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 367 contracts

Samples: Loan and Security Agreement (Moneylion Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.)

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Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 93 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Yodle Inc), Loan and Security Agreement (T2 Biosystems, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 35 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Axcelis Technologies Inc), Loan and Security Agreement (Solta Medical Inc)

Covenant to Deliver. Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 32 contracts

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

Covenant to Deliver. Except as otherwise provided in Section 3.3, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 25 contracts

Samples: Loan and Security Agreement (Spruce Biosciences, Inc.), Loan and Security Agreement (Spruce Biosciences, Inc.), Loan and Security Agreement (1Life Healthcare Inc)

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 10 contracts

Samples: Loan and Security Agreement (Grove Collaborative Holdings, Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Flux Power Holdings, Inc.)

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 9 contracts

Samples: Loan and Security Agreement (Progyny, Inc.), Loan and Security Agreement (Progyny, Inc.), Loan and Security Agreement (Codex DNA, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in BankLender’s sole discretion.

Appears in 9 contracts

Samples: Mezzanine Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Augmedix, Inc.), Mezzanine Loan and Security Agreement (BigCommerce Holdings, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s 's obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s 's sole discretion.

Appears in 8 contracts

Samples: Loan and Security Agreement (Nebula Caravel Acquisition Corp.), Loan and Security Agreement (TerraVia Holdings, Inc.), Mezzanine Loan and Security Agreement (Quantenna Communications Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 8 contracts

Samples: Loan and Security Agreement (Threshold Pharmaceuticals Inc), Loan and Security Agreement (OncoCyte Corp), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 8 contracts

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

Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 7 contracts

Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Couchbase, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in BankLender’s sole discretion.

Appears in 6 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (Complete Genomics Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 4 contracts

Samples: Loan and Security Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc Inc), Loan Modification Agreement (Enernoc Inc)

Covenant to Deliver. Borrower agrees Loan Parties agree to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower Loan Parties expressly agrees agree that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s Loan Parties’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in BankLender’s sole discretion.

Appears in 4 contracts

Samples: Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Appears in 4 contracts

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

Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extensionan Advance. Borrower expressly agrees that a Credit Extension made the extension of an Advance prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Tivo Inc), Loan and Security Agreement (Palmsource Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.01 and 3.02 of this Agreement as a condition precedent to any Credit Extension, as applicable. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement (Broadscale Acquisition Corp.), Loan and Security Agreement (HashiCorp, Inc.), Loan and Security Agreement (HashiCorp, Inc.)

Covenant to Deliver. (a) Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 3 contracts

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

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement prior to the Funding Date thereof, as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of such a required item shall be in Bank’s sole discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 3 contracts

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

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this EXIM Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement, Export Import Bank Loan and Security Agreement (AtriCure, Inc.), Export Import Bank Loan and Security Agreement (Stereotaxis, Inc.)

Covenant to Deliver. Borrower agrees Except as otherwise provided in Section 3.3, Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (Aviat Networks, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s 's obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s 's sole discretion.

Appears in 3 contracts

Samples: Loan and Security Agreement (Chyron Corp), Loan and Security Agreement (Spire Corp), Loan and Security Agreement (Spire Corp)

Covenant to Deliver. Each Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank any Lender under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of such Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.), Loan and Security Agreement (Alphatec Holdings, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any the Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be made in BankLender’s sole discretion.

Appears in 2 contracts

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

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Crossroads Systems Inc), Loan and Security Agreement (Sonic Foundry Inc)

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Singular Genomics Systems, Inc.), Loan and Security Agreement (Lipocine Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s ’ s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sensus Healthcare, Inc.), Loan and Security Agreement (Sensus Healthcare, LLC)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 2 contracts

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

Covenant to Deliver. Borrower agrees Except as otherwise provided in Section 3.3, Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Covenant to Deliver. Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank any Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hyperion Therapeutics Inc), Loan and Security Agreement (Ardea Biosciences, Inc./De)

Covenant to Deliver. Borrower agrees shall cause to deliver be delivered to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 2 contracts

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

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.,

Appears in 2 contracts

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

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 3.4

Appears in 2 contracts

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

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any the Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 2 contracts

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

Covenant to Deliver. Except as otherwise set forth in Section 3.3, each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Channeladvisor Corp)

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of each Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Comverge, Inc.), Loan and Security Agreement (Luna Innovations Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this EXIM Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 2 contracts

Samples: Export Import Bank Loan and Security Agreement (Axcelis Technologies Inc), Export Import Bank Loan and Security Agreement (Microfluidics International Corp)

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sunrise Telecom Inc), Loan and Security Agreement (Covad Communications Group Inc)

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of any Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 2 contracts

Samples: Loan and Security Agreement (Xata Corp /Mn/), Loan and Security Agreement (Ev3 Inc.)

Covenant to Deliver. Borrower agrees Borrowers, jointly and severally, agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 2 contracts

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

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of each Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

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

Covenant to Deliver. Borrower agrees to and General Partner shall each deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s and/or General Partner’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Appears in 1 contract

Samples: Loan and Security Agreement

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this EXIM Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

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

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of either Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (BK Technologies Corp)

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (U S Wireless Data Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s 's obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s Lender's sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (S&W Seed Co)

Covenant to Deliver. Borrower agrees to deliver to Bank the Lender each item required to be delivered to Bank the Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank the Lender of any such item shall not constitute a waiver by Bank the Lender of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bankthe Lender’s sole discretion.

Appears in 1 contract

Samples: Subordination Agreement (Pulmonx Corp)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required at the time of any Credit Extension to be delivered to Bank under this Agreement as a condition precedent to any such Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Millennial Media Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not not, unless otherwise agreed to by Bank in writing, constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Calix Networks Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each Lender each item required to be delivered to Bank such Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank a Lender of any such item shall not constitute a waiver by Bank such Lender of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Banka Lender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (EnteroMedics Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item reasonably required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Endologix Inc /De/)

Covenant to Deliver. Except as otherwise provided in Section 3.3, in connection with each Credit Extension, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any such Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Dataworks Inc)

Covenant to Deliver. Except as otherwise provided in Section 3.3 and 3.4, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Fate Therapeutics Inc)

Covenant to Deliver. Except as otherwise provided in Section 3.4, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (TRIA Beauty, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 28059520v3

Appears in 1 contract

Samples: Loan and Security Agreement (Mobivity Holdings Corp.)

Covenant to Deliver. Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 2.4

Appears in 1 contract

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

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension; provided, however, such condition precedent shall not require Borrower to deliver any item required under this Agreement prior to the required delivery date under this Agreement. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Covenant to Deliver. Borrower agrees to shall deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in BankLender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)

Covenant to Deliver. If requested by the Lenders, Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank Lenders under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Appears in 1 contract

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

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Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such itemitem required to be delivered hereunder, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

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

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit ExtensionAdvance. Borrower expressly agrees that a Credit Extension an Advance made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension Advance in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Intersections Inc)

Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan Modification Agreement (Imprivata Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.1 and 3.2 of this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Sentinel Labs, Inc.)

Covenant to Deliver. Borrower Bxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.1 and 3.2 of this Agreement as a condition precedent to any Credit Extension, as applicable. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

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

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not (unless otherwise agreed to by Bank in writing in its sole and absolute discretion) constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Genocea Biosciences, Inc.)

Covenant to Deliver. (a) Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 3 CREATION OF SECURITY INTEREST 3.1

Appears in 1 contract

Samples: Loan and Security Agreement (Innovid Corp.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole good faith business discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Marin Software Inc)

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement Section 3.1 and 3.2 hereof as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Shopify Inc.)

Covenant to Deliver. Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 3 CREATION OF SECURITY INTEREST 3.1

Appears in 1 contract

Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension an Advance made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension Advance in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Adept Technology Inc)

Covenant to Deliver. Except as otherwise provided in Section 3.3, each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement in accordance with Sections 3.1 and 3.2 as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of any Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Overland Storage Inc)

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of either Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Relm Wireless Corp)

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Financial Engines, Inc.)

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(a), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Calix, Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank Lenders each item required to be delivered to Bank Lenders under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s Lenders’ sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (MAP Pharmaceuticals, Inc.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in at Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Technest Holdings Inc)

Covenant to Deliver. Borrower agrees (a) Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Each Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of any Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Minerva Surgical Inc)

Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under Sections 3.01 and 3.02 of this Agreement as a condition precedent to any Credit Extension, as applicable. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadscale Acquisition Corp.)

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b) and 3.3(c) below, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Sierra Oncology, Inc.)

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Sienna Biopharmaceuticals, Inc.)

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank Lenders each item required to be delivered to Bank Lenders under this Agreement as a condition precedent to any Credit ExtensionAdvance. Borrower Borrowers expressly agrees agree that the extension of a Credit Extension made prior to the receipt by Bank Lenders of any such item shall not constitute a waiver by Bank Lenders of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole Lenders’ reasonable discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Capital Growth Systems Inc /Fl/)

Covenant to Deliver. Borrower agrees Borrowers jointly and severally agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees jointly and severally agree that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

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

Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (BioAge Labs, Inc.)

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b). Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Aspen Aerogels Inc)

Covenant to Deliver. (a) Borrower agrees to shall deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a A Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion. 3.

Appears in 1 contract

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

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of #2572901v4 233773760 v5 Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

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

Covenant to Deliver. Each Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit ExtensionExtension made to such Borrower. Each Borrower expressly agrees that a Credit Extension made to such Borrower prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of such Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Covenant to Deliver. Except as otherwise provided in Section 3.3, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement in accordance with Sections 3.1 and 3.2 as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Overland Storage Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.. 238310488 v3

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

Covenant to Deliver. (a) Except as otherwise provided in Section 3.3(b), Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition 5. precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Precision Biosciences Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit ExtensionTerm Loan Advance. Borrower expressly agrees that a Credit Extension Term Loan Advance made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension Term Loan Advance in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Beamr Imaging Ltd.)

Covenant to Deliver. Borrower agrees Borrowers agree to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s Borrowers’ obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Internet Brands, Inc.)

Covenant to Deliver. Except as otherwise provided in this Section 3.3, Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Similarweb Ltd.)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the extension of a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension such extension in the absence of a required item shall be in Bank’s sole but reasonable discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (St Francis Medical Technologies Inc)

Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in Bank’s sole reasonable discretion.. 3.4

Appears in 1 contract

Samples: Loan and Security Agreement (Lojack Corp)

Covenant to Deliver. (a) Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that a Credit Extension made prior to the receipt by Bank of any such item shall not constitute a waiver by Bank of Borrower’s obligation to deliver such item, and the making of any such Credit Extension in the die absence of a required item shall be made in Bank’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (GPS Industries, Inc.)

Covenant to Deliver. Borrower agrees (a) Borrowers agree to deliver to Bank Lender each item required to be delivered to Bank Lender under this Agreement as a condition precedent to any Credit Extension. Borrower Borrowers expressly agrees agree that a Credit Extension made prior to the receipt by Bank Lender of any such item shall not constitute a waiver by Bank Lender of Borrower’s Borrowers' obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in BankLender’s sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Zovio Inc)

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