Common use of Defective Perfection Clause in Contracts

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;

Appears in 42 contracts

Samples: Loan and Security Agreement (NewAge, Inc.), Loan and Security Agreement (Thayer Ventures Acquisition Corp), Loan and Security Agreement

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Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the reportsuch SOS Report;

Appears in 33 contracts

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

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s 's security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;

Appears in 10 contracts

Samples: Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (Nuvasive Inc), Loan and Security Agreement (Citadel Security Software Inc)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s 's security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the reportsuch SOS Report;

Appears in 4 contracts

Samples: Loan and Security Agreement (Genoptix Inc), Loan and Security Agreement (Source Energy Corp /Ut/), Loan and Security Agreement (Trubion Pharmaceuticals, Inc)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Prior Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;

Appears in 4 contracts

Samples: Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (Apex Technology Acquisition Corp)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the reportreport and the security interests or Liens in question involve an amount in excess of $250,000 in the aggregate;

Appears in 3 contracts

Samples: Loan, Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in any material part of the Collateral (determined in Bank’s reasonable discretion, exercised from the perspective of a secured, commercial lender) is not prior to all other security interests or Liens of record reflected in the report;

Appears in 3 contracts

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

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;.

Appears in 2 contracts

Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max International Inc)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s 's security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;report and any such Lien is not discharged within five days of Bank's notice to any Borrower of such Lien.

Appears in 2 contracts

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

Defective Perfection. If Bank shall receive at any time following the Closing Effective Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;

Appears in 2 contracts

Samples: Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (NTN Buzztime Inc)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in Lien on the Collateral is not prior to all other security interests or Liens of record reflected in the report;, unless Bank’s Lien on such collateral was not timely or properly perfected by Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Siebert Financial Corp), Loan and Security Agreement (Siebert Financial Corp)

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Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s 's security interest in the Collateral is not prior to all other security interests or Liens of record reflected in such SOS Report, except to the reportextent the same is the result of Bank's negligence or willful malfeasance, or failure to take appropriate action with respect to Bank's security interest in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Vitalstream Holdings Inc)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s 's security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the reportreport and Borrower has not restored the priority of Bank's security interest in the Collateral within thirty (30) days after written notice thereof by Bank;

Appears in 1 contract

Samples: Loan and Security Agreement (Orasure Technologies Inc)

Defective Perfection. If Bank shall receive at any time following the Closing Amended and Restated Effective Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;

Appears in 1 contract

Samples: Loan and Security Agreement (On24 Inc)

Defective Perfection. If Bank shall receive receive, at any time following the Closing Date an Date, any SOS Report indicating that that, except for Permitted Liens, Bank’s 's security interest interests and Liens in all or any part of the Collateral is are not prior to all other security interests or Liens of record reflected in the report;

Appears in 1 contract

Samples: Loan and Security Agreement (Orchid Biosciences Inc)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;; 8.5

Appears in 1 contract

Samples: Loan and Security Agreement

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in a material portion of the Collateral is not prior to all other security interests or Liens of record reflected in the report;

Appears in 1 contract

Samples: Loan and Security Agreement (GLAUKOS Corp)

Defective Perfection. If Bank shall receive at any time following the Closing Date an SOS Report indicating that that, except for Permitted Liens, Bank’s 's security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;

Appears in 1 contract

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

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