Common use of Government Consents Clause in Contracts

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 148 contracts

Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Thayer Ventures Acquisition Corp), Loan and Security Agreement (On24 Inc.)

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Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 36 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (DPW Holdings, Inc.)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 18 contracts

Samples: Loan and Security Agreement (Scientific Learning Corp), Loan and Security Agreement (Traffic.com, Inc.), Loan and Security Agreement (Cardiodynamics International Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 11 contracts

Samples: Loan and Security Agreement (Genoptix Inc), Loan and Security Agreement (Us Search Corp Com), Loan and Security Agreement (Us Search Corp Com)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 11 contracts

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

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 10 contracts

Samples: Secured Short Term Loan Agreement, Loan and Security Agreement (NTN Buzztime Inc), Loan and Security Agreement (NTN Buzztime Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 7 contracts

Samples: Loan and Security Agreement (N2h2 Inc), Loan and Security Agreement (Uol Publishing Inc), Loan and Security Agreement (N2h2 Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 7 contracts

Samples: Loan and Security Agreement (E Piphany Inc), Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Alteon Websystems Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan and Security Agreement (Ditech Communications Corp), Loan Agreement (Clarient, Inc), Loan and Security Agreement (Avistar Communications Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Biomarin Pharmaceutical Inc), Loan and Security Agreement (Rigel Pharmaceuticals Inc), Loan Agreement (Safeguard Scientifics Inc)

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Everside Health Group, Inc.), Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc)

Government Consents. Borrower and each Subsidiary of Borrower have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Bellicum Pharmaceuticals, Inc), Loan and Security Agreement (Violin Memory Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where to the extent that any failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Verity Inc \De\), Loan and Security Agreement (Verity Inc \De\), Loan and Security Agreement (Accrue Software Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain such consent, approval or authorization, to make any such declaration or filing or to give any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Annual Report, Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Lightwaves Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where to the extent that failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Sonus Networks Inc)

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would in each case as could not have or reasonably be expected to cause result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)

Government Consents. Borrower and each Subsidiary have has obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Snowball Com Inc), Loan and Security Agreement (Inktomi Corp)

Government Consents. Borrower and each Subsidiary have obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Loudeye Technologies Inc), Loan Agreement (Logicvision Inc), Loan and Security Agreement (Egain Communications Corp)

Government Consents. Borrower and each Subsidiary have Subsidiary, has obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)

Government Consents. Such Borrower and each Subsidiary of its Subsidiaries have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of BorrowerXxxxxxxx’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc)

Government Consents. Such Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s its business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan Agreement (Fifth Street Senior Floating Rate Corp.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's or such Subsidiary's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ilx Lightwave Corp), Loan and Security Agreement (Ilx Lightwave Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals approvals, and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the any failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hybrid Networks Inc), Loan and Security Agreement (Ribogene Inc / Ca/)

Government Consents. The Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all material declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of the Borrower’s business as currently conducted, except where to the extent the failure to do so obtain, make or file the same would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all all 9. notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (GenMark Diagnostics, Inc.)

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s and its Subsidiaries’ business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (U-Swirl, Inc.), Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Bodies that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse EffectEffect on Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Starbase Corp), Loan and Security Agreement (Borland Software Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Environmental Energy Services Inc), Term Loan and Security Agreement (Blaze Energy Corp.)

Government Consents. Each Borrower and each Subsidiary have has obtained all consents, approvals approvals, and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)

Government Consents. Subject to Section 6.11, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)

Government Consents. Borrower Borrower, each Parent Guarantor and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrowereach Obligor’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of BorrowerBxxxxxxx’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Ault Alliance, Inc.), Loan and Security Agreement (Imperalis Holding Corp.)

Government Consents. The Borrower and each Subsidiary of its Subsidiaries have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of the Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Government Consents. Each Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of such Borrower’s business as currently conducted, except where the failure to do so would in each case as could not have or reasonably be expected to cause result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, conducted except where the failure to do so obtain such consents, declarations, notices or filings would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Borrower and each Subsidiary have of its Subsidiaries has obtained all consents, approvals approvals, franchises, certificates, licenses, permits and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrowersuch Person’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

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

Government Consents. Each Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrowereach Borrowers’ or any Subsidiary’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect, including without limitation, all licenses, permits or authorizations from any regulatory authority with respect to the insurance business.

Appears in 2 contracts

Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)

Government Consents. Borrower Borrowers and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s Borrowers’ business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Limeade, Inc)

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Seebeyond Technology Corp)

Government Consents. Each of Borrower and each Restricted Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of Borrower’s 's and each Restricted Subsidiary's business as currently conducted, except where other than those consents, approvals or authorizations the failure of which to do so obtain would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Organic Inc)

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s such Borrowers’ business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so obtain such consent, approval or authorization, to make any such declaration or filing or to give any such notice would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Imanage Inc)

Government Consents. Borrower and each Subsidiary have obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxim Wireless Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, ; except in each case where the failure of any of the foregoing to do so would be true and correct could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Credit Agreement (Domark International Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the any failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Viant Corp)

Government Consents. Borrower and each Subsidiary have has obtained all ----- ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except conducted where the failure to do so take such actions would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Seachange International Inc)

Government Consents. Borrower and each Subsidiary have has obtained ------------------- all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for where the continued operation of failure so to do could be reasonably likely to have a material adverse effect on Borrower’s 's ability to operate its business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Matrixone Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where ; which the failure to do so would not reasonably be expected to cause obtain could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Quovadx Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Safeguard Scientifics Inc)

Government Consents. To the best of Borrower’s knowledge, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Provide Commerce Inc)

Government Consents. Each of Borrower and each Subsidiary have its Subsidiaries has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s the business of each of Borrower and its Subsidiaries as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Orchid Biosciences Inc)

Government Consents. Such Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that which are necessary for the continued operation of such Borrower’s 's business as currently conducted, except where the failure to do so obtain such consent, approval or authorization, to make any such declaration or filing or to give any such notice would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Cymer Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings (except UCC filings) with, and given all notices to, all governmental authorities that are necessary for the execution, delivery and performance of this Agreement and the other Loan Documents and the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

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Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so obtain any such consent, approval or authorization, to make any such declaration or filing or to given any such notice would not reasonably be expected to cause a have Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Abgenix Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s Xxxxxxxx's business as currently conducted, conducted except where the failure to do so would obtain such consent, approval or authorization, to make any such declaration or filing or to give any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Annual Report

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so of which would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Faxsav Inc)

Government Consents. Borrower and each Subsidiary have has obtained all ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where to the extent that failure to do so would not reasonably be expected to cause have a Material Adverse EffectEffect on the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Corsair Communications Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Concur Technologies Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, with and given all notices to, to all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, conducted except where the failure got obtain any such consent, approval or authorization, to do so would make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Odetics Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so obtain such consent, approval or authorization, to make any such declaration or filing or to give any such notice would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (MMC Networks Inc)

Government Consents. Borrower and each Subsidiary have has obtained all ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental 14 authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Novatel Wireless Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Innerdyne Inc)

Government Consents. Each Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of each Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Proteinsimple)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals approvals, and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s Borrowers’ business as currently conducted, conducted except where the failure to do so would is not reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Nextg Networks Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, with and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (PogoTec, Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would obtain such consents, approvals and authorizations, make such declarations or filings or give such notices could not reasonably be expected to cause result in a Material Adverse Effect.

Appears in 1 contract

Samples: Letter of Credit Agreement (Internet Capital Group Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, of made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (GLAUKOS Corp)

Government Consents. Borrower and each Subsidiary have of Borrower has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's and each such Subsidiary's business as currently conducted, except where the failure of which to do so obtain would not reasonably be expected to cause have a Material Adverse EffectEffect on Borrower's financial condition, operations or business.

Appears in 1 contract

Samples: Loan and Security Agreement (Vtel Corp)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, with and given all notices to, to all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure got obtain any such consent, approval or authorization, to do so would make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Va Linux Systems Inc)

Government Consents. Borrower and each Subsidiary have ------------------- obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause obtain which could have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Logicvision Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Bacterin International Holdings, Inc.)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which is reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Tci Solutions Inc)

Government Consents. Borrower and each Subsidiary have of Borrower has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the for any failure to do so would which is not reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Mobius Management Systems Inc)

Government Consents. To its knowledge, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Nuvasive Inc)

Government Consents. Borrower and each Subsidiary have has obtained all material consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where to the extent the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiac Pathways Corp)

Government Consents. Borrower and each Subsidiary of Borrower have obtained all consents, approvals approvals, and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, conducted except where the failure to do so would obtain any such consent, approval, or authorization, to make any such declaration or filing, or to be given any such notice could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Southwall Technologies Inc /De/)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities Governmental Authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Apex Technology Acquisition Corp)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where to the extent that failure to do so would not reasonably be expected to cause have a Material Adverse EffectEffect on Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartport Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not obtain which is reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Therma Wave Inc)

Government Consents. Borrower and each Subsidiary have has obtained all ------------------- consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not conducted noncompliance with which could reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s Borrowers’ business as currently conducted, conducted except where the failure to do so would is not reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Aviza Technology, Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so obtain which would not be reasonably be expected likely to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Women Com Networks Inc)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities and third parties that are necessary or advisable for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would could not reasonably be expected to cause have a Material Adverse Effect, or to permit the consummation of the transactions contemplated by the Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD)

Government Consents. Each Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of each Borrower’s 's business as currently conducted, conducted except in each case where the failure of any of the foregoing to do so would be true and correct could not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Uniphase Corp /Ca/)

Government Consents. Borrower Borrowers and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of each Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Compass Therapeutics, Inc.)

Government Consents. Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Akesis Pharmaceuticals, Inc.)

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that which are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would not reasonably be expected to cause have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

Government Consents. Except as disclosed in the Schedule, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

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

Government Consents. Borrower and each Subsidiary have has obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure of which to do so obtain would not reasonably be expected to cause have a Material Adverse EffectEffect on Borrower's financial condition, operations or business.

Appears in 1 contract

Samples: Loan and Security Agreement (Vtel Corp)

Government Consents. To the best of Borrower's knowledge, Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s 's business as currently conducted, except where the failure to do so would could not reasonably be expected to cause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Vitalstream Holdings Inc)

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