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 368 contracts
Samples: Loan and Security Agreement (Moneylion Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global 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 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 34 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. 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 '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 's sole discretion.
Appears in 22 contracts
Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Radisys Corp)
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.), Loan and Security Agreement (Quantenna Communications 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 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 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 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 5 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 5 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. (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 4 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. Borrower agrees Co-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 Co-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 Co-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 4 contracts
Samples: Loan and Security Agreement (Verona Pharma PLC), Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Savara 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 and Security Agreement (Enernoc 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 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 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 3 contracts
Samples: Loan and Security Agreement (Alphatec Holdings, Inc.), Loan and Security Agreement (Covad Communications Group Inc), Loan and Security Agreement (Sunrise Telecom 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, Loan and Security Agreement (AtriCure, Inc.), Loan and Security Agreement (Stereotaxis, 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. 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 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. 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 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 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. 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 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. 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. 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 Loan and Security Agreement (Axcelis Technologies Inc), Loan and Security Agreement (Microfluidics International Corp)
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 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 2 contracts
Samples: Loan and Security Agreement (HashiCorp, Inc.), Loan and Security Agreement (HashiCorp, 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 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. 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 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 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. 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. 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
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 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
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
Covenant to Deliver. Borrower (a) Except as otherwise provided in Section 3.3(b), Xxxxxxxx agrees to deliver to Bank each item required to be delivered to Bank under this Agreement as a condition 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 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 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 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
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. Borrower agrees to deliver to Bank each item required to be delivered to Bank under this Agreement (on or prior to the Effective Date as set forth in Sections 3.1 and 3.2 and, thereafter, as set forth in Section 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
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
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
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
Covenant to Deliver. Borrower agrees (a) The Obligors agree to deliver or procure the delivery to Bank the Bank, of each item required to be delivered to the Bank under this Agreement as a condition precedent requirement to any Credit Extension. Borrower .
(b) The Obligors expressly agrees agree that a Credit Extension made prior to the receipt by the Bank of any such item shall not constitute a waiver by the Bank of Borrower’s the Obligors’ obligation to deliver such item, and the making of any such Credit Extension in the absence of a required item shall be made in the Bank’s sole discretion.
Appears in 1 contract
Samples: Loan Agreement (Midatech Pharma PLC)
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
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
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.Credit
Appears in 1 contract
Samples: Loan and Security Agreement (Aclaris Therapeutics, 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
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
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.. 3 CREATION OF SECURITY INTEREST 3.1
Appears in 1 contract
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. 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. 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
Covenant to Deliver. Borrower agrees to deliver to Bank each item required to be delivered to Bank (a) under Section 3.1 and Section 3.2 of this Agreement as a condition precedent to any the initial Credit Extension, and (b) under Section 3.2 of this Agreement as a condition precedent to each 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 (Sagent Pharmaceuticals, 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
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
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
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. 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
Covenant to Deliver. Borrower agrees Loan Parties 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 Each Loan Party 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 Borrowerany Loan Party’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 (PROCEPT BioRobotics Corp)
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
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. 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
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
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
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
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. 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. (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
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
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
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 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. 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)
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: Export Import Bank Loan and Security Agreement (Stereotaxis, 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 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
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.)