Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 110 contracts
Samples: Loan and Security Agreement (Syros Pharmaceuticals, Inc.), Loan and Security Agreement (Syros Pharmaceuticals, Inc.), Loan and Security Agreement (Mersana Therapeutics, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 25 contracts
Samples: Loan and Security Agreement (Kezar Life Sciences, Inc.), Loan and Security Agreement (ObsEva SA), Loan and Security Agreement (Inhibrx, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 14 contracts
Samples: Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Neuronetics, Inc.), Loan and Security Agreement (Spectrum Pharmaceuticals Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loan shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 6 contracts
Samples: Loan and Security Agreement (MDxHealth SA), Loan and Security Agreement (CVRx, Inc.), Loan and Security Agreement (Codexis, Inc.)
Insolvency. (a) Borrower or any of or, Borrower and its Subsidiaries on a consolidated basis, is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 5 contracts
Samples: Loan and Security Agreement (Poseida Therapeutics, Inc.), Loan and Security Agreement (Poseida Therapeutics, Inc.), Loan and Security Agreement (Poseida Therapeutics, Inc.)
Insolvency. (a) Borrower or any of and its Subsidiaries is or becomes Subsidiaries, taken as a whole, are Insolvent; (b) Borrower or any of its Subsidiaries Subsidiary begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries Subsidiary and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower any of the conditions described in clauses (b) or any Subsidiary is Insolvent (c) exist and/or until any Insolvency Proceeding is dismissed);
Appears in 4 contracts
Samples: Loan and Security Agreement (Domo, Inc.), Loan Agreement (Domo, Inc.), Loan and Security Agreement (Domo, Inc.)
Insolvency. (a) Borrower becomes Insolvent or any of Borrower and its Subsidiaries is or becomes (taken as a whole) become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-forty five (45) days (but no Credit Extensions Term Loan shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 4 contracts
Samples: Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Rockwell Medical, Inc.), Loan and Security Agreement (Celcuity Inc.)
Insolvency. (a) Borrower becomes Insolvent, or any of Borrower and its Subsidiaries is or becomes Subsidiaries, taken as a whole, become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 3 contracts
Samples: Loan and Security Agreement (Foghorn Therapeutics Inc.), Loan and Security Agreement (Sigilon Therapeutics, Inc.), Loan and Security Agreement (Sigilon Therapeutics, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolventinsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed)days;
Appears in 3 contracts
Samples: Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp)
Insolvency. (a) Borrower or any of (when taken on a consolidated basis with its Subsidiaries Subsidiaries) is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 3 contracts
Samples: Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc)
Insolvency. (a) Borrower and its Subsidiaries, on a consolidated basis, are or any of its Subsidiaries is or becomes become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any Subsidiary is and its Subsidiaries, on a consolidated basis, are Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 3 contracts
Samples: Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolventfail to be solvent as described under Section 5.6; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);
Appears in 3 contracts
Samples: Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (iRhythm Technologies, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five sixty (4560) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 2 contracts
Samples: Loan and Security Agreement (SOC Telemed, Inc.), Loan and Security Agreement (Nanosphere Inc)
Insolvency. (a) Borrower and its Subsidiaries, taken as a whole, are or any of its Subsidiaries is or becomes become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 2 contracts
Samples: Loan and Security Agreement (Cytori Therapeutics, Inc.), Loan and Security Agreement (Cytori Therapeutics, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-forty five (45) days (but no Credit Extensions Term Loan shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 2 contracts
Samples: Loan and Security Agreement (Eiger BioPharmaceuticals, Inc.), Loan and Security Agreement (Apollo Endosurgery, Inc.)
Insolvency. If
(a) Borrower or any of its Subsidiaries is becomes insolvent, or becomes Insolvent; (b) an Insolvency Proceeding is commenced by Borrower or any of its Subsidiaries begins an Insolvency Proceeding; Subsidiaries, or (c) an Insolvency Proceeding is begun commenced against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five sixty (4560) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed)thereafter;
Appears in 2 contracts
Samples: Loan and Security Agreement (Verso Technologies Inc), Asset Purchase Agreement (Verso Technologies Inc)
Insolvency. (a) If Borrower or any of its Subsidiaries becomes insolvent, or if an Insolvency Proceeding is or becomes Insolvent; (b) commenced by Borrower or any of its Subsidiaries begins an Insolvency Proceeding; Subsidiaries, or (c) if an Insolvency Proceeding is begun commenced against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five sixty (4560) days (but provided that no Credit Extensions shall will be made while Borrower or any Subsidiary is Insolvent and/or until any prior to the dismissal of such Insolvency Proceeding is dismissedProceeding);.
Appears in 2 contracts
Samples: Loan and Security Agreement (Siebert Financial Corp), Loan and Security Agreement (Siebert Financial Corp)
Insolvency. (ai) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Material Subsidiaries begins an Insolvency Proceeding; or (cii) an Insolvency Proceeding is begun against Borrower or any of its Material Subsidiaries and not dismissed or stayed within forty-forty five (45) days (but no Credit Extensions shall will be made while Borrower or any Subsidiary is Insolvent and/or until before any Insolvency Proceeding is dismissed);
Appears in 2 contracts
Samples: Loan and Security Agreement (Breakaway Solutions Inc), Loan and Security Agreement (Breakaway Solutions Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed)days;
Appears in 2 contracts
Samples: Loan and Security Agreement (Cardiva Medical, Inc.), Loan and Security Agreement (Restoration Robotics, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 2 contracts
Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (Achaogen Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes becomes, or Borrower and its Subsidiaries, taken as a whole, are or become, Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 2 contracts
Samples: Loan and Security Agreement (Tobira Therapeutics, Inc.), Loan and Security Agreement (Tobira Therapeutics, Inc.)
Insolvency. (a) Borrower, or Borrower and its Subsidiaries, are or any of its Subsidiaries is or becomes become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 2 contracts
Samples: Loan and Security Agreement (Centrexion Therapeutics Corp), Loan and Security Agreement (Centrexion Therapeutics Corp)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes insolvent or Borrower and its Subsidiaries, taken as a whole, are or become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Aclaris Therapeutics, Inc.)
Insolvency. (a) Borrower or any of and Borrower and its Subsidiaries Subsidiaries, taken as a whole, is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions shall be made while Borrower is, or any Subsidiary is Borrower and its Subsidiaries, taken as a whole are, Insolvent and/or until any such Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries Subsidiaries, on a consolidated basis, is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolventinsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) 45 days (but no Credit Extensions shall be made while Borrower any of the conditions described in clause (a) exist or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent, or Borrower and its Subsidiaries, taken as a whole, are or become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Selecta Biosciences Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (scPharmaceuticals Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolventinsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five thirty (4530) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Castlight Health, Inc.)
Insolvency. (a) Borrower Holdings or any of its Subsidiaries is or becomes Insolvent; (b) Borrower Holdings or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower Holdings or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower Holdings or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Senseonics Holdings, Inc.)
Insolvency. (a) If Borrower or any of its Subsidiaries is (other than any Inactive Subsidiaries) shall become insolvent, or becomes Insolvent; (b) if any Insolvency Proceeding shall be commenced by Borrower or by any of its Subsidiaries begins an Insolvency Proceeding; Subsidiaries, or (c) an if any Insolvency Proceeding is begun shall be commenced against Borrower or any of its Subsidiaries and shall not be dismissed or stayed within forty-five (45) 45 days (but provided that Bank shall have no obligations to make any Credit Extensions shall be made while Borrower or prior to the dismissal of any Subsidiary is Insolvent and/or until any such Insolvency Proceeding is dismissedProceeding);
Appears in 1 contract
Samples: Loan and Security Agreement (Orchid Biosciences Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolventunable to pay its debts (including trade debts) as they become due; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed)) or (d) a Liquidation;
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-forty five (45) days (but no Credit Extensions Term Loan shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);; 8.6
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit 20 Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Bellicum Pharmaceuticals, Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (bi) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (cii) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five sixty (4560) days (but no Credit Extensions shall Advances will be made while Borrower or any Subsidiary is Insolvent and/or until any before such Insolvency Proceeding is dismissed);.
Appears in 1 contract
Samples: Secured Loan Agreement (Neurocrine Biosciences Inc)
Insolvency. (a) Following the closing of the Equity Offering, Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolventinsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five thirty (4530) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed)days;
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loans shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);.
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent, or Borrower and its Subsidiaries, taken as a whole, are or become Insolvent; (b) Borrower or any of its Subsidiaries Guarantor begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries Guarantor and not dismissed or stayed within forty-forty five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Silk Road Medical Inc)
Insolvency. (a) If Borrower or any of its Subsidiaries becomes insolvent, or if an Insolvency Proceeding is or becomes Insolvent; (b) commenced by Borrower or any of its Subsidiaries begins an Insolvency Proceeding; Subsidiaries, or (c) if an Insolvency Proceeding is begun commenced against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but provided that no Credit Extensions shall will be made while Borrower or any Subsidiary is Insolvent and/or until any prior to the dismissal of such Insolvency Proceeding is dismissedProceeding);
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed)days;
Appears in 1 contract
Insolvency. (a) Borrower or any of Company, taken together with its Subsidiaries Subsidiaries, is or becomes Insolvent; (b) Borrower Company or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower Company or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower Company or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Development Funding Loan Agreement (Cytokinetics Inc)
Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolventinsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun commenced against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed)days;
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolventinsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Insolvency. (a) If Borrower or any of its Subsidiaries becomes insolvent, or if an Insolvency Proceeding is or becomes Insolvent; (b) commenced by Borrower or any of its Subsidiaries begins an Insolvency Proceeding; Subsidiaries, or (c) if an Insolvency Proceeding is begun commenced against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but provided that no Credit Extensions shall will be made while Borrower or any Subsidiary is Insolvent and/or until any prior to the dismissal of such Insolvency Proceeding is dismissedProceeding);; 8.7
Appears in 1 contract
Samples: Loan and Security Agreement
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolventfails to be solvent as described under Section 4.7 hereof; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) 30 days (but no Credit Extensions shall be made while Borrower any of the conditions described in clause (a) exist or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Samples: Loan and Security Agreement (Spartan Acquisition Corp. II)
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-forty five (45) days (but no Credit Extensions Advance shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
Appears in 1 contract
Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) [***] days (but no Credit Extensions Term Loan shall be made extended while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
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Insolvency. (a) (i) Borrower or any of (ii) Borrower and its Subsidiaries taken as a whole, is or becomes Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five forty‑five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
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Samples: Loan and Security Agreement (Viracta Therapeutics, Inc.)
Insolvency. (a) Borrower and its Subsidiaries, on a consolidated basis, are or any of its Subsidiaries is or becomes become Insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any Subsidiary is and its Subsidiaries, on a consolidated basis, are Insolvent and/or until any Insolvency Proceeding is dismissed);
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Insolvency. (a) Borrower Holdings or any of its Subsidiaries is is, or becomes becomes, Insolvent; (b) Borrower Holdings or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower Holdings or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower Holdings or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);.
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Insolvency. (a) Borrower or any of its Subsidiaries is or becomes Insolvent; ;
(b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);
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Samples: Loan and Security Agreement
Insolvency. (a1) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolvent; insolvent;
(b1) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c1) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five thirty (4530) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);
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Samples: Loan and Security Agreement (Castlight Health, Inc.)
Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes Insolventinsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within forty-five (45) days (but no Credit Extensions shall be made while Borrower or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);days.
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Insolvency. (a) Borrower and its Subsidiaries, on a consolidated basis, are or any of its Subsidiaries is or becomes become Insolvent; ;
(b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and not dismissed or stayed within forty-five (45) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any Subsidiary is and its Subsidiaries, on a consolidated basis, are Insolvent and/or until any Insolvency Proceeding is dismissed);
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