Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (x) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (y) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 5 contracts
Samples: Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.), Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Alpha Teknova, Inc.)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (ax) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) as applicable, of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yb) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 5 contracts
Samples: Credit and Security Agreement (Sientra, Inc.), Credit and Security Agreement (Aziyo Biologics, Inc.), Credit and Security Agreement (Term Loan) (Aziyo Biologics, Inc.)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (x) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (y) if requested by Agent, back-up backup documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.), Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (ax) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) as applicable, of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in on a form and substance reasonably satisfactory to approved by Agent, detailing Borrowers’ calculations, and (yb) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter month as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (Novadaq Technologies Inc), Credit and Security Agreement (Revolving Loan) (Novadaq Technologies Inc)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (ax) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) as applicable, of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurredoccurred and is continuing. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yb) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter month as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (Sight Sciences, Inc.), Credit and Security Agreement (Sight Sciences, Inc.)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, as applicable and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xi) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yii) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 1 contract
Samples: Credit and Security Agreement (PTC Therapeutics, Inc.)
Evidence of Compliance. Borrowers Borrower shall furnish to Agent, as together with the monthly financial reporting required by Section 4.1of Borrower in this Agreement, a Compliance Certificate in accordance with Section 6.2(b) as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ Borrower compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred9. The Compliance Certificate shall include, without limitation, (xi) a statement and report, in on a form and substance reasonably satisfactory to approved by Agent, detailing Borrowers’ Borrower’s calculations, (ii) the monthly cash and cash equivalents of Borrower and Borrower and its consolidated Subsidiaries and, if requested by Agent, bank statements and (yiii) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 1 contract
Samples: Credit and Security Agreement (STRATA Skin Sciences, Inc.)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence (x) of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (by) of Borrowers’ compliance with the covenants in this Article, and (cz) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xa) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yb) if to the extent reasonably requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 1 contract
Samples: Credit and Security Agreement (TherapeuticsMD, Inc.)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (x) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (y) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations..
Appears in 1 contract
Samples: Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) as applicable, of Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xi) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yii) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.
Appears in 1 contract
Samples: Credit and Security Agreement (Revolving Loan) (HTG Molecular Diagnostics, Inc)
Evidence of Compliance. Borrowers shall furnish to Agent, as required by Section 4.1, a Compliance Certificate as evidence of (a) the monthly cash and Cash Equivalents cash equivalents of Borrowers and Borrowers and their Consolidated Subsidiaries, (b) as applicable, of Borrowers’ compliance with the covenants in this Article, and (c) that no Event of Default specified in this Article has occurred. The Compliance Certificate shall include, without limitation, (xi) a statement and report, in form and substance reasonably satisfactory to Agent, detailing Borrowers’ calculations, and (yii) if requested by Agent, back-up documentation (including, without limitation, bank statements, invoices, receipts and other evidence of costs incurred during such quarter as Agent shall reasonably require) evidencing the propriety of the calculations.. MidCap / HTG / Credit and Security Agreement (Term Loan) \\DC - 036639/000001 - 12092479
Appears in 1 contract
Samples: Credit and Security Agreement (Term Loan) (HTG Molecular Diagnostics, Inc)