Loan and Security Sample Clauses

Loan and Security. Subject to the terms and conditions of this Master Agreement, Lender may agree, upon Borrower’s request, to make Loans (defined below) to Borrower from time to time, within Lender’s sole and absolute discretion, such agreement to be evidenced by one or more loan supplements (each a “Loan Supplement,” collectively the “Loan Supplements”), in the form provided by Lender each of which shall be considered a separate and enforceable agreement incorporating the terms and conditions of this Master Agreement. Each Loan Supplement and all documentation attached thereto or delivered pursuant thereto, together with the Master Agreement, as the same may from time to time be amended, supplemented or otherwise modified is hereinafter referred to as a “Loan Agreement”. “Loan” shall mean the amount of money that Lender lends Borrower, under a Loan Agreement, and shall be deemed made on the date on which Borrower shall have received Loan proceeds (“Loan Closing Date”). Each Loan shall be evidenced by one or more notes (each a “Note,” collectively the “Notes”) in the form provided by Lender. Borrower shall use the principal amount of any Loan only for the acquisition by Borrower of any software products (the “Licensed Software”), any hardware (“Hardware”) and the right to receive consulting or other services related thereto (the “Services”) (collectively the “Financed Product”), as set forth on the applicable Loan Supplement, from either Microsoft Corporation, a Washington corporation, or any of its affiliates (collectively, excluding Microsoft Capital Corporation (“MCC”), a Nevada corporation, “Microsoft”), a Microsoft authorized provider or other designated third party, as applicable (individually, a “Product Provider”). By executing and delivering a Loan Supplement and/or Note, Borrower authorizes Lender to pay the applicable Product Provider(s) the Principal Amount(s) set forth in any such Loan Supplement(s) and/or Note(s). To secure the prompt payment of all amounts due and payable under each Loan and the applicable Note(s), Borrower hereby grants to Lender, and each Assignee (defined below), if any, a first priority security interest in all of Borrower’s right, title and interest in and to, as applicable, the Licensed Software and the Hardware, as applicable, described in the applicable Loan Supplement, together with all attachments, replacements, substitutions and additions to such Licensed Software and Hardware, whenever acquired, the Proceeds (defined below) thereo...
Sample 1
AutoNDA by SimpleDocs
Loan and Security. Agreements This Loan and Security Agreement No. 4561 (this “Agreement”) is entered into as of March 29, 2005, by and between Lighthouse Capital Partners V, L.P. (“Lender”) and Fluidigm Corporation, a California corporation (“Borrower” or sometimes referred to herein as “Debtor”) and sets forth the terms and conditions upon which Lender will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows: 1. Definitions and Construction 1.1
Sample 1
Loan and Security 
Sample 1Sample 2Sample 3

Related to Loan and Security

  • Loan and Security Agreement Performance of all obligations of Borrower (as such term is defined in the Loan and Security Agreement, and hereafter used with such meaning) under the terms of the Loan and Security Agreement, any of the Guaranty Agreements or Security Documents referred to in the Loan and Security Agreement, and any other loan agreement, tri-party financing agreement or other agreement between Grantor and Beneficiary, GNI and any other parties pertaining to the use of the proceeds of the Notes."

  • Collateral and Security Section 10.01

  • Access and Security Customer shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Hosted Services; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data for Processing by the Hosted Services.

  • Terms Defined in Loan and Security Agreement All capitalized terms used in this Amendment (including in the recitals hereof) and not otherwise defined herein shall have the meanings assigned to them in the Loan and Security Agreement.

  • Guaranty and Security Agreement The security interest granted pursuant to this [Copyright] [Patent] [Trademark] Security Agreement is granted in conjunction with the security interest granted to Agent pursuant to the Guaranty and Security Agreement and each Grantor hereby acknowledges and agrees that the rights and remedies of Agent with respect to the security interest in the [Copyright] [Patent] [Trademark] Collateral made and granted hereby are more fully set forth in the Guaranty and Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein.

  • Amendments to the Loan and Security Agreement (a) The Loan and Security Agreement shall be amended as follows effective as of the Amendment Effective Date:

  • Pledge and Security Agreement The security interest granted pursuant to this Agreement is granted in conjunction with the security interest granted to the Security Agent for the Secured Parties pursuant to the Pledge and Security Agreement, and the Grantors hereby acknowledge and affirm that the rights and remedies of the Security Agent with respect to the security interest in the Trademark Collateral made and granted hereby are more fully set forth in the Pledge and Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event that any provision of this Agreement is deemed to conflict with the Pledge and Security Agreement, the provisions of the Pledge and Security Agreement shall control.

  • Collateral and Security Documents The due and punctual payment of the principal of, premium and interest on the Notes when and as the same shall be due and payable, whether on a Payment Date, at the Maturity Date, or by acceleration, repurchase, redemption or otherwise, and interest on the overdue principal of, premium and interest on the Notes to the Holders or the Indenture Trustee under this Indenture, the Notes and the other Security Documents, and all other amounts in respect of the Secured Obligations according to the terms hereunder or thereunder, shall be secured by a security interest in the Collateral as provided in the Security Documents, which define the terms of the Liens that secure the Secured Obligations. The Issuer hereby acknowledges and agrees that the Indenture Trustee holds the Collateral in trust for the benefit of the Holders, pursuant to the terms of the Security Documents. Each Holder, by accepting a Note, consents and agrees (subject to Section 4.11) to the terms of the Security Documents (including the provisions providing for the possession, use, release and foreclosure of Collateral) as the same may be in effect or may be amended from time to time in accordance with their respective terms and this Indenture, and authorizes and directs the Indenture Trustee to enter into the Security Documents and, subject to the provisions of this Indenture, to perform its obligations and exercise its rights thereunder in accordance herewith and therewith. The Issuer shall take any and all actions reasonably required to cause the Security Documents to create and maintain at all times, as security for the Secured Obligations of the Issuer hereunder, a valid and enforceable perfected Lien on all of the Collateral, in favor of the Indenture Trustee for the benefit of the Holders under the Security Documents. The Issuer hereby covenant (A) to perform and observe its obligations under the Security Documents and (B) take any and all commercially reasonable actions (including without limitation the covenants set forth in the Security Documents and in this Article 9) required to cause the Security Documents to create and maintain, as security for the Secured Obligations contained in this Indenture, the Notes and the other Security Documents, valid and enforceable, perfected (except as expressly provided herein or therein) security interests in and on all the Collateral, in favor of the Indenture Trustee, superior to and prior to the rights of all third Persons, and subject to no other Liens, in each case, except as expressly permitted herein or therein. The Issuer shall do or cause to be done, at its sole cost and expense, all such actions and things as may be necessary, or as may be required by the provisions of the Security Documents, to confirm to the Indenture Trustee the security interests in the Collateral contemplated hereby and by the Security Documents, as from time to time constituted, so as to render the Collateral available for the security and benefit of this Indenture and of the Notes secured hereby, according to the intent and purpose herein and therein expressed.

  • Guarantee and Security Agreement The Guarantee and Security Agreement, duly executed and delivered by each of the parties to the Guarantee and Security Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!