Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 17 contracts
Samples: Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Mezzanine Loan and Security Agreement (Velo3D, Inc.)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or the Lenders 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 each LenderAgent’s sole discretion.
Appears in 11 contracts
Samples: Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Nupathe Inc.)
Covenant to Deliver. Borrower agrees to shall deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 7 contracts
Samples: 2023 Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.), Loan and Security Agreement (Ziopharm Oncology Inc), Loan and Security Agreement (AVROBIO, Inc.)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or 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 each LenderAgent’s sole discretion.
Appears in 6 contracts
Samples: Loan Modification Agreement, Loan and Security Agreement (GAIN Capital Holdings, Inc.), Loan Modification Agreement (Meru Networks Inc)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or the Lenders 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 each Lender’s sole discretion.
Appears in 4 contracts
Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Tetraphase Pharmaceuticals Inc)
Covenant to Deliver. Borrower agrees to deliver to Lenders and Agent and each Lender each item required to be delivered to Lender or Agent and each 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 Lender or Agent and each Lender of any such item shall not constitute a waiver by Lender or Agent or Lenders 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 each Lender’s and Agent’s sole discretion.
Appears in 3 contracts
Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Arcadia Biosciences, Inc.), Loan and Security Agreement (BioAmber Inc.)
Covenant to Deliver. Borrower agrees (a) Borrowers agree to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders of a Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in each Lender’s sole discretionthe discretion of Required Lenders.
Appears in 3 contracts
Samples: Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or 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 each LenderAgent’s sole discretion.
Appears in 3 contracts
Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Cryocor Inc), Loan and Security Agreement (Peregrine Pharmaceuticals Inc)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 3 contracts
Samples: Subordinated Loan and Security Agreement (Everyday Health, Inc.), Loan and Security Agreement (Chimerix Inc), Loan and Security Agreement (Chimerix Inc)
Covenant to Deliver. Except as otherwise provided in Section 6.13, Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or the Lenders 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 each LenderAgent’s sole discretion.
Appears in 2 contracts
Samples: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each Lender 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Avalara Inc)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Collateral Agent and each 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 Agent and each any Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)
Covenant to Deliver. Borrower agrees (1) Borrowers agree to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders of a Borrower’s obligation to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in each Lender’s sole discretionthe discretion of Required Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s Lenders’ sole discretion.
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Apptio Inc)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or the Lenders 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 each Lender’s Agent's sole discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (Furiex Pharmaceuticals, Inc.)
Covenant to Deliver. Each Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each Lender 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders Lender of a 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 each Lender’s sole discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (WaferGen Bio-Systems, Inc.)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each Lender under this Agreement as a condition precedent to any the Credit Extension. Borrower expressly agrees that a the extension of the Credit Extension made prior to the receipt by Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders Lender 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 each Lender’s sole discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (ARYx Therapeutics, Inc.)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or 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 each Lender’s Lenders’ sole discretion.
Appears in 1 contract
Covenant to Deliver. Borrower agrees to deliver to Agent and the Agent, with a copy to each Lender Lender, each item required to be delivered to the Agent and each Lender under this Agreement as a condition precedent to any Credit Extension. Borrower expressly agrees that the making of a Credit Extension made prior to the receipt by the Agent and each Lender of any such item shall not constitute a waiver by the Agent or Lenders any 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 each LenderAgent’s sole discretion.
Appears in 1 contract
Covenant to Deliver. Borrower agrees to shall deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 1 contract
Covenant to Deliver. Borrower agrees (not as a condition but as a covenant) to deliver to Agent and each Lender each item required to be delivered to Agent and each Lender under this Agreement and/or Lenders as a condition precedent to any each Credit Extension, if such Credit Extension is advanced. Borrower expressly agrees that a the extension of such Credit Extension made prior to the receipt by Agent and each Lender or Lenders of any such item shall not constitute a waiver by Agent or 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 each Lender’s Lenders’ sole discretion.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Intarcia Therapeutics, Inc)
Covenant to Deliver. Borrower agrees to deliver to Agent Lenders and each Lender the Agents each item required to be delivered to Lender or the respective Agent and each 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 Agent and each Lender or the Agents of any such item shall not constitute a waiver by Agent Lender or Lenders the Agents 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 each the Lender’s sole discretion, subject to the consent of the Agents.
Appears in 1 contract
Covenant to Deliver. Except as set forth in Section 6.15, Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or the Lenders 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 each Lender’s sole discretion.
Appears in 1 contract
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each LenderAgent’s sole discretion.
Appears in 1 contract
Covenant to Deliver. Borrower Xxxxxxxx agrees to deliver to Agent Xxxxxxx and each Lender the Agents each item required to be delivered to Lender or the respective Agent and each 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 Agent and each Lender or the Agents of any such item shall not constitute a waiver by Agent Lender or Lenders the Agents 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 each the Lender’s sole discretion, subject to the consent of the Agents.
Appears in 1 contract
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders Lender 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 each Lender’s sole discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)
Covenant to Deliver. Except as set forth in Section 6.13, Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 1 contract
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s Agent's sole discretion.
Appears in 1 contract
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s 's sole discretion.
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Nebula Caravel Acquisition Corp.)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s Agent's sole discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (Healthcare Acquisition Corp)
Covenant to Deliver. Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or the Lenders 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 each Lender’s sole discretion.
Appears in 1 contract
Covenant to Deliver. Each Borrower agrees to deliver to the Agent and each Lender each item required to be delivered to the Agent and each Lender 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 the Agent and each Lender of any such item shall not constitute a waiver by the Agent or Lenders of Borrower’s obligation Borrowers’ obligations to deliver such item, and the making of any Credit Extension in the absence of a required item shall be in each Lenderthe Agent’s sole discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (EnergyConnect Group Inc)
Covenant to Deliver. Except as otherwise provided in Section 6.11 hereof, Borrower agrees to deliver to Agent and each Lender each item required to be delivered to Agent and each 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 Agent and each Lender of any such item shall not constitute a waiver by Agent or Lenders 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 each Lender’s sole discretion.
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Grove Collaborative Holdings, Inc.)