Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 8 contracts
Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Jetfax Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 7 contracts
Samples: Loan and Security Agreement (Loudeye Technologies Inc), Loan and Security Agreement (Pointshare Corp), Loan and Security Agreement (Egain Communications Corp)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Abgenix Inc), Loan and Security Agreement (Infoseek Corp)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which bound where the default could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Loan and Security Agreement (EverQuote, Inc.), Loan and Security Agreement, Loan and Security Agreement (EverQuote, Inc.)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within such Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles each Borrowers' Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which any Borrower is a party or by which any Borrower is bound. No Borrower is not in default under any agreement to which it is a party or by which it is bound, bound which default could has not had and would not reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Loan and Security Agreement (Pharmchem Laboratories Inc), Loan and Security Agreement (MSC Software Corp), Loan and Security Agreement (Pharmchem Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan and Security Agreement (Audible Inc), Loan and Security Agreement (Open Market Inc), Loan and Security Agreement (C-Bridge Internet Solutions Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within each Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles or Certificate of Incorporation (as applicable) or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which except to the extent such default could have would not reasonably be expected to cause a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Trupanion Inc.), Loan and Security Agreement (Trupanion Inc.)
Due Authorization; No Conflict. The execution, delivery, ------------------------------ and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Thermatrix Inc), Loan and Security Agreement (Iprint Technologies Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ribogene Inc / Ca/), Loan and Security Agreement (Tegal Corp /De/), Loan and Security Agreement (Tegal Corp /De/)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bluestone Software Inc), Loan and Security Agreement (Natural Microsystems Corp)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could have reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (Natural Microsystems Corp)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nuko Information Systems Inc /Ca/), Loan and Security Agreement (MMC Networks Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Va Linux Systems Inc), Loan and Security Agreement (At Home Corp)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents Document are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to in which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are will not in conflict with nor with, and will not constitute a breach of of, any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they such execution, delivery and performance constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. bound Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation Organization or BylawsOperating Agreement, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Associates Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. .Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Somnus Medical Technologies Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within each Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which such Borrower is a party or by which such Borrower is bound. Such Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default other than defaults that could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Arcturus Therapeutics Ltd.)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents and the request for each Letter of Credit hereunder are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles any of Incorporation or BylawsBorrowers’ Charter Documents, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could have reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Letter of Credit Agreement (Internet Capital Group Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which bound where such default could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could be reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, ------------------------------ delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Iprint Technologies Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Borrower's-Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower 3orrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ---- ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Seachange International Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. , nor is Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles ’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default reasonably could be expected to have a Material Adverse Effect.;
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within such Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in such Borrower's Articles ’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which any Borrower is a party or by which any Borrower is bound. No Borrower is not in default under any agreement to which it is a party or by which it is bound, bound which default could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Wj Communications Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's corporate powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of all provisions of the Loan Documents relating to Borrower are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles any of Incorporation or BylawsBorrowers' Charter Document, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Except as disclosed in the Schedule, Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Letter of Credit Agreement (Internet Capital Group Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's Borrowers' powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in any Borrower's Articles articles of Incorporation incorporation or Bylawsbylaws, nor will they constitute an event of default under any material agreement to which any Borrower is a party or by which any Borrower is bound. No Borrower is not in default under any instrument or agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation Incorporation, bylaws, or Bylawsother governing documents, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan Agreement (Tripath Imaging Inc)
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within with Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Articles/Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. , nor is Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could have a Material Adverse Effect.
(g) To amend and restate in its entirety Section 6.3 as follows:
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, which default could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's Articles ’s Certificate of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any material agreement to which it is a party or by which it is bound, which default could would reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Due Authorization; No Conflict. The execution, delivery, and ------------------------------ performance of the Loan Documents are within Borrower's ’s powers, have been duly authorized, and are not in conflict with nor constitute a breach of any provision contained in Borrower's ’s Articles of Incorporation or Bylaws, nor will they constitute an event of default under any material agreement to which Borrower is a party or by which Borrower is bound. Borrower is not in default under any agreement to which it is a party or by which it is bound, bound in which the default could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Biomarin Pharmaceutical Inc)