Common use of Information Correct and Current Clause in Contracts

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by Borrower’s Board of Directors.

Appears in 10 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Acelrx Pharmaceuticals Inc), Loan and Security Agreement (Revance Therapeutics, Inc.)

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Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to Borrower’s Board of Directors.

Appears in 6 contracts

Samples: Loan and Security Agreement (BioAmber Inc.), Loan and Security Agreement (Rockwell Medical, Inc.), Loan and Security Agreement (Plures Technologies, Inc./De)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto (other than forecasts, budgets or projections) contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements thereintherein taken as a whole, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by Borrower’s Board of Directors.

Appears in 3 contracts

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

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto containedthereto, when taken together with all such other reports, statements or other documents or writings, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender shall be at the time delivered (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to Borrower’s Board of Directors.

Appears in 3 contracts

Samples: Loan and Security Agreement (Concert Pharmaceuticals, Inc.), Loan and Security Agreement (Concert Pharmaceuticals, Inc.), Joinder Agreement (Merrimack Pharmaceuticals Inc)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain (taken as a whole) any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender Lender, whether prior to or after the Closing Date, shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to Borrower’s Board of Directors.

Appears in 3 contracts

Samples: Loan and Security Agreement (Zev Ventures Inc.), Loan and Security Agreement (Zev Ventures Inc.), Loan and Security Agreement (Your Internet Defender, Inc)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to Borrower’s Board of Directors.

Appears in 2 contracts

Samples: Loan and Security Agreement (Dicerna Pharmaceuticals Inc), Loan and Security Agreement (Dicerna Pharmaceuticals Inc)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of a Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by such Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to such Borrower’s Board of Directors.

Appears in 2 contracts

Samples: Loan and Security Agreement (BIND Therapeutics, Inc), Loan and Security Agreement (Pacira Pharmaceuticals, Inc.)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading in any material respect at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on upon assumptions believed to be reasonable at the most current data and information available to Borrower, and (ii) the most current of such projections approved by Borrower’s Board of Directorstime.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aveo Pharmaceuticals Inc), Loan and Security Agreement (Aveo Pharmaceuticals Inc)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by BorrowerInc’s Board of Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (Cleveland Biolabs Inc)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of such Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by such Borrower to Lender shall be (i) provided in good faith and based on reasonable assumptions at the most current data and information available to Borrower, and (ii) the most current of such projections approved by Borrower’s Board of Directorstime made.

Appears in 1 contract

Samples: Loan and Security Agreement (InfoLogix Inc)

Information Correct and Current. No The information, reportreports, Advance RequestRequests, financial statementstatements, exhibit or schedule exhibits and schedules furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto containedthereto, contains or will taken as a whole, do not contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, were not misleading at the time such statement information was furnished to Lender (it being understood that no representation or warranty is made in this sentence with respect to any financial projections or deemed madeforecasts). Additionally, any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to Borrower’s Board of Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (Ocz Technology Group Inc)

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Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by any Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to such Borrower, and (ii) the most current of such projections approved by provided to such Borrower’s Board of DirectorsDirectors or Representatives, as applicable.

Appears in 1 contract

Samples: Loan and Security Agreement (Cempra Holdings, LLC)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Borrower to the Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by any Borrower to the Lender shall be (i) provided in good faith and based on the most current data and information available to such Borrower, and (ii) the most current of such projections approved by provided to such Borrower’s Board of Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (Insmed Inc)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain contain, to the knowledge of Borrower, any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any Any and all financial or business projections provided by Borrower to Lender shall be (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to Borrower’s Board of Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower Parent to Lender shall be (i) provided in good faith and based on the most current data and information available to BorrowerParent, and (ii) the most current of such projections approved by Borrowerprovided to Parent’s Board of Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (Identive Group, Inc.)

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of Borrower to Lender Agent in connection with any Loan Document or included therein or delivered pursuant thereto contained, or, when taken as a whole, contains or will contain any material misstatement of fact or, when taken together with all other such information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by Borrower to Lender Agent, whether prior to or after the Closing Date shall be (or, in the case of any such information provided prior to the Closing Date, were) (i) provided in good faith and based on the most current data and information available to Borrower, and (ii) the most current of such projections approved by provided to Borrower’s Board of Directors.

Appears in 1 contract

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

Information Correct and Current. No information, report, Advance Request, financial statement, exhibit or schedule furnished, by or on behalf of any Borrower to the Lender in connection with any Loan Document or included therein or delivered pursuant thereto contained, contains or will contain any material misstatement of fact or, when taken together with all other such information or documents, omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were, are or will be made, not misleading at the time such statement was made or deemed made. Additionally, any and all financial or business projections provided by any Borrower to the Lender shall be (i) provided in good faith and based on the most current data and information available to such Borrower, and (ii) the most current of such projections approved by provided to such Borrower’s Board of Directors.

Appears in 1 contract

Samples: Loan and Security Agreement (Anthera Pharmaceuticals Inc)

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