Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 370 contracts
Samples: Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Outbrain Inc.)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 104 contracts
Samples: Loan and Security Agreement (Siebert Financial Corp), Loan and Security Agreement (NewAge, Inc.), Loan and Security Agreement (Thayer Ventures Acquisition Corp)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 75 contracts
Samples: Loan and Security Agreement (Yodle Inc), Loan and Security Agreement (T2 Biosystems, Inc.), Loan and Security Agreement (T2 Biosystems, Inc.)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 63 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Xilio Therapeutics, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the any projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 24 contracts
Samples: Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 19 contracts
Samples: Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 16 contracts
Samples: Loan and Security Agreement (Everyday Health, Inc.), Loan and Security Agreement (Audience Inc), Loan and Security Agreement (Exa Corp)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of Bank by Borrower in connection with the date such representation, warranty, or other statement was madetransaction contemplated by this Agreement, taken together with all such written certificates and written statements given to Bankas a whole, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (it being recognized by the Bank that the projections and forecasts provided by Borrower in are based on Borrower's reasonable and good faith and based upon reasonable assumptions are not viewed as facts assessment of the probabilities of future events and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 9 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement, August 1999 Loan Modification Agreement (Imanage Inc)
Full Disclosure. No written representation, warranty or other statement of Co-Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Co-Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 7 contracts
Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Verona Pharma PLC), Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 5 contracts
Samples: Loan Modification Agreement (Cyoptics Inc), First Loan Modification Agreement (Cyoptics Inc), Loan and Security Agreement (GlobalOptions Group, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 5 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (ARYx Therapeutics, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower or any of its Subsidiaries in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank pursuant to this Agreement (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by misleading. Bank recognizes that the projections projections, forecasts, and forecasts business plans provided by Borrower or any of its Subsidiaries in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 4 contracts
Samples: Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (Radisys Corp)
Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 4 contracts
Samples: Loan and Security Agreement (BK Technologies Corp), Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Internet Brands, Inc.)
Full Disclosure. No written representation, warranty or other statement of made by a Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 4 contracts
Samples: Loan and Security Agreement (Compass Therapeutics, Inc.), Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given give to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 4 contracts
Samples: Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (Ocz Technology Group Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 3 contracts
Samples: Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which such representation, warranty or statement was made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 3 contracts
Samples: Loan, Guaranty and Security Agreement (Cinedigm Corp.), Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, Bank and Borrower’s filings with the Securities & Exchange Commission) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 3 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation)
Full Disclosure. No written representation, warranty or other statement of Borrower Borrowers in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 3 contracts
Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Overland Storage Inc)
Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by a Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
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)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (as of the date made or provided, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 3 contracts
Samples: Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Jl Halsey Corp)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances under which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Masergy Communications Inc), Loan and Security Agreement (TorreyPines Therapeutics, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the any projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the any projected or forecasted results).
Appears in 3 contracts
Samples: Mezzanine Loan and Security Agreement, Mezzanine Loan and Security Agreement (Impinj Inc), Mezzanine Loan and Security Agreement (Impinj Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower any Credit Party in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Ikanos Communications, Inc.), Loan and Security Agreement (Alphatec Holdings, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank or Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank or Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given by Borrower to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Satsuma Pharmaceuticals, Inc.), Loan and Security Agreement (Harmonic Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized understood and agreed by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (TerraVia Holdings, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bankeither Lender, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Banksuch Lender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Zonare Medical Systems Inc), Loan and Security Agreement (MAP Pharmaceuticals, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankBank in connection with this Agreement, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or other written statement given submitted to BankLender, as of the date such representation, warranty, warranty or other statement was made, taken together with all such written certificates and written statements given to Bankin the aggregate, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements statement contained in the such certificates or other written statements not misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions as of the time made are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (zSpace, Inc.), Loan and Security Agreement (zSpace, Inc.)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any Loan Document, certificate or written statement given furnished to Bank, as of the date such representation, warranty, Agent or other statement was madeany Lender, taken together with all such written certificates certificates, Loan Documents and written statements given to Bankstatements, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such Loan Documents, certificates or statements not misleading (misleading, it being recognized by Bank Agent and Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Urgent.ly Inc.), Loan and Security Agreement (Tempo Automation Holdings, Inc.)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which such statements were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Adicet Bio, Inc.), Loan and Security Agreement (resTORbio, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower Maker in any certificate or written statement given to BankHolder, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankHolder, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Holder that the projections and forecasts provided by Borrower Maker in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (US Dry Cleaning Services Corp), Loan and Security Agreement (US Dry Cleaning Services Corp)
Full Disclosure. No material written representation, material warranty or other material statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Corium International, Inc.), Loan and Security Agreement (Corium International, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the written statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Miragen Therapeutics, Inc.)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not materially misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may materially differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Unum Therapeutics, Inc.), Loan and Security Agreement (Unum Therapeutics, Inc.)
Full Disclosure. No written representation, warranty or other written statement of Borrower Purchaser in any certificate or written statement given to BankCompany, as of the date such representation, warranty, or other written statement was made, taken together with all such written certificates and written statements given to BankCompany, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Purchaser in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Sell Agreement (InFinT Acquisition Corp), Master XRP Commitment to Sell Agreement (InFinT Acquisition Corp)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any Loan Document, certificate or written statement given furnished to BankLender, as of the date such representation, warranty, or other statement was made, made and taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Knightscope, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower or Guarantor in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan Agreement (Aquinox Pharmaceuticals, Inc), Loan Agreement (Aquinox Pharmaceuticals (Usa) Inc)
Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by any Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Comverge, Inc.), Loan and Security Agreement (Luna Innovations Inc)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given furnished to Bank, when furnished contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the any projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).,
Appears in 2 contracts
Samples: Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Quantenna Communications Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower any Credit Party in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Tenable Holdings, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower any Loan Party in any certificate or written statement given to Bankthe Lender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bankthe Lender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower the Loan Parties in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Learn SPAC HoldCo, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Joinder Agreement (Yodle Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements statements, in light of the circumstances in which they were made, not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Onesource Information Services Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by when taken together with all such written certificates and written statements to Bank and Borrower’s filings with the Securities and Exchange Commission. Bank recognizes that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by a Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Lender taken together with all such written certificates and written statements given furnished to Bank, Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank Lender that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankBank in connection with this Agreement, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).. 5.12
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions at such time are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankLender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not materially misleading (it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Interpace Biosciences, Inc.)
Full Disclosure. No As of the Effective Date, no written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Co-Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates ce1tificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Co-Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Augme Technologies, Inc.)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, warranty or other statement was made, taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections projections, forecasts and forecasts forward-looking statements may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of either Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to BankAgent, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankAgent, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Agent that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Apptio Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given instrument delivered to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements instruments given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements instruments not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of either Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (BigBand Networks, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements statements, in light of the circumstances under which they were made, not misleading (it misleading. It being recognized by Bank that the projections and forecasts provided by Borrower have been prepared in good faith and are based upon reasonable assumptions and are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written writ ten certificates and written statements given to Bank, ) contains any untrue statement of a material fact or or, when taken as a whole, omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (in light of the circumstances in which they were made, with it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Vascular Solutions Inc)
Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by each Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading when made (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Full Disclosure. No written To the best of their knowledge, no representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan Agreement (Qad Inc)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Lender taken together with all such written certificates and written statements given furnished to Bank, Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Master Security Agreement
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances under which they were made, it being recognized by Bank that the projections and forecasts have been provided by Borrower Borrowers in good faith and based upon reasonable assumptions and are not to be viewed as facts representations, warranties, statements or facts, and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by any Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Agent taken together with all such written certificates and written statements given furnished to Bank, Lenders contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Credit Agreement (Trupanion Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).. 5.12
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any document, certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written documents, certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such documents, certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other written statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).. 6
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, Bank and Borrower's filings with the Securities & Exchange Commission) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Quicklogic Corporation)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made; it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).. PogoTec, Inc. – Loan Agreement 7
Appears in 1 contract
Samples: Loan Agreement (PogoTec, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such other written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted resultsresults and such differences could be material).
Appears in 1 contract
Samples: Loan and Security Agreement (Interpace Biosciences, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).” and inserting in lieu thereof the following:
Appears in 1 contract
Samples: Joinder and Fourth Loan Modification Agreement (MTBC, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower Debtor in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the any projections and forecasts provided by Borrower Debtor in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (in light of the circumstances in which such statements were made, with it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Samples: Loan Agreement (Ats Medical Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the any projections and forecasts provided by Borrower in good faith and 11 based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).. 6
Appears in 1 contract
Samples: Loan and Security Agreement
Full Disclosure. No written representation, warranty or other statement of Borrower any Obligor in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized recognised by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan Agreement (Affimed N.V.)
Full Disclosure. No written representation, warranty or other statement of Borrower Borrowers in any certificate or written statement given to Bank, as of the date such representationrepresentations, warrantywarranties, or other statement was statements were made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (MRV Communications Inc)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, when furnished, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions at the time such projections and forecasts are provided are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was madeLender, taken together with all such written certificates and written statements given furnished to BankLender, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank Lender that the projections and forecasts provided by Borrower will be prepared in good faith and based upon reasonable appropriate business and industry assumptions but are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ materially from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Mercury Computer Systems Inc)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or or, together with the Company’s Exchange Act Filings, omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Cas Medical Systems Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank) in connection with, or in contemplation of entering into, this Agreement and related documents, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (misleading, with it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement (other than projections and forecasts) given to Bank, as of the date such representation, warranty, or other statement was made, Bank (taken together with all such written certificates and written statements given to Bank, ) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the misleading. All projections and forecasts provided by Borrower were prepared in good faith and are based upon reasonable assumptions assumptions. Bank acknowledges that projections and forecasts are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or and forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Concurrent Computer Corp/De)
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or or, together with the Company's Exchange Act Filings, omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Cas Medical Systems Inc)
Full Disclosure. No written representation, warranty or other statement made by Borrower or by any of Borrower the other Credit Parties in any certificate or written statement given to Bank, as of the date such representation, warranty, Loan Documents or in any certificates or other statement was made, taken together with all such written certificates and written statements given furnished to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in any of the Loan Documents or in any such certificates or statements not materially misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results, and it being understood that forecasts and projections by their nature involve approximations and uncertainties).
Appears in 1 contract
Samples: Loan and Security Agreement (NightHawk Radiology Holdings Inc)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bankany Lender, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to BankLenders, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank, as of Bank in connection with the date such representation, warranty, or other statement was madetransactions contemplated by the Loan Documents, taken together with all such written certificates and written statements given furnished to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (misleading, it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of either Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given by either Borrower to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by any Borrower in any certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was made, Lender taken together with all such written certificates and written statements given furnished to Bank, Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading (in light of the circumstances in which they were made, it being recognized by Bank Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Credit Agreement (Trupanion Inc.)
Full Disclosure. No As of the Closing Date, to Borrower's knowledge, no written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, Bank taken together with all such written certificates and written statements given to Bank, Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of made by Borrower in any Loan Document, certificate or written statement given furnished to Bank, as of the date such representation, warranty, or other statement was madeany Agent or, taken together with all such written certificates certificates, Loan Documents and written statements given to Bankstatements, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such Loan Documents, certificates or statements not misleading (misleading, it being recognized by Bank Agents and Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Beyond Meat, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements BN 22796152v7 not misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ materially from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading (it being recognized by Bank that the projections and forecasts have been provided and prepared by Borrower in good faith and based upon reasonable assumptions and are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract
Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank, as of the date such representation, warranty, or other statement was made, taken together with all such written certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not materially misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected or forecasted results).
Appears in 1 contract