Common use of Material Adverse Change Clause in Contracts

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 51 contracts

Samples: Loan and Security Agreement (Citadel Security Software Inc), Loan and Security Agreement (Spy Optic Inc), Loan and Security Agreement (Sequus Pharmaceuticals Inc)

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Material Adverse Change. If there occurs a material adverse ----------------------- change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 14 contracts

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

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's ’s security interests in the Collateral;

Appears in 8 contracts

Samples: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Nexsan Corp), Loan and Security Agreement (Irvine Sensors Corp/De/)

Material Adverse Change. If there occurs a material adverse change in the Borrower's ’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or there is a material impairment of the value or priority of the Bank's ’s security interests interest in the Collateral;, or if a Borrower who is a natural person shall die.

Appears in 7 contracts

Samples: Credit Agreement (Primoris Services Corp), Credit Agreement (Biolase Technology Inc), Credit Agreement (Alphatec Holdings, Inc.)

Material Adverse Change. If there occurs a material adverse change in the Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or there is a material impairment of the value or priority of the Bank's security interests interest in the Collateral;.

Appears in 5 contracts

Samples: Credit Agreement (Encad Inc), Credit Agreement (Scheid Vineyards Inc), Credit Agreement (Golden State Vintners Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 4 contracts

Samples: Loan and Security Agreement (Provide Commerce Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Multimedia Games Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's the Debtor’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations Indebtedness or there is a material impairment of the value or priority of the Bank's ’s security interests interest in the Collateral;.

Appears in 4 contracts

Samples: Security Agreement (Applied Signal Technology Inc), Security Agreement (Alphatec Holdings, Inc.), Security Agreement (Alphatec Holdings, Inc.)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Collateral Agent or Lender or a material impairment of the value or priority of Bank's Collateral Agent’s and Lender’s security interests interest in the Collateral;.

Appears in 4 contracts

Samples: Venture Loan and Security Agreement (IMV Inc.), Venture Loan and Security Agreement (CVRx, Inc.), Venture Loan and Security Agreement (Celsion CORP)

Material Adverse Change. If there occurs a material adverse change in the Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or there is a material impairment of the value or priority of the Bank's security interests interest in the Collateral;, or if a Borrower who is a natural person shall die.

Appears in 4 contracts

Samples: Loan Disbursement Instructions (Scientific Technologies Inc), Letter of Credit Sub Facility) (Golden State Vintners Inc), Credit Agreement (Volcom Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business ’s business, operations or condition (financial condition, or otherwise) or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of in the value perfection or priority of Bank's Lender’s security interests interest in the Collateral or in the value of such Collateral;.

Appears in 4 contracts

Samples: Security Agreement, Security Agreement (Ambit Biosciences Corp), Security Agreement (Ambit Biosciences Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionbusiness, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of the value or priority of BankLender's security interests in the Collateral;.

Appears in 3 contracts

Samples: Loan and Security Agreement (Soundbite Communications Inc), Loan and Security Agreement (Nextcard Inc), Loan and Security Agreement (Soundbite Communications Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business ’s business, operations or condition (financial condition, or otherwise) or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lenders or a material impairment of in the value perfection or priority of Bank's Lenders’ security interests interest in the Collateral or in the value of such Collateral;.

Appears in 3 contracts

Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Ambit Biosciences Corp), Venture Loan and Security Agreement (Ambit Biosciences Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of BankLender's security interests in the Collateral;

Appears in 3 contracts

Samples: Loan and Security Agreement (Pc Quote Inc), Loan and Security Agreement (Ardent Software Inc), Loan and Security Agreement (Physicians Insurance Co of Ohio)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's ’s security interests in the Collateral;

Appears in 3 contracts

Samples: Loan and Security Agreement (Newgistics, Inc), Loan and Security Agreement (Dexcom Inc), Loan and Security Agreement (Biolase Technology Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's security interests in the Collateral;

Appears in 3 contracts

Samples: Loan and Security Agreement (Electroglas Inc), Loan and Security Agreement (Iceweb Inc), Loan and Security Agreement (Iceweb Inc)

Material Adverse Change. If there occurs a Any material adverse change in Borrower's business Borrowers, business, property or financial conditioncondition has occurred or is imminent, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the Collateral value or priority of BankLender's security interests rights therein are materially impaired in the Collateral;any way.

Appears in 2 contracts

Samples: Business Loan Agreement (Genomic Solutions Inc), Shareholders Agreement (Genomic Solutions Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of the value or priority of Bank's Collateral Agent’s and Lenders’ security interests interest in the Collateral;.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (eASIC Corp), Venture Loan and Security Agreement (eASIC Corp)

Material Adverse Change. If there occurs a material adverse ----------------------- change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations condition or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 2 contracts

Samples: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment when due of any portion of the Obligations owing to Lenders or a material impairment of the value or priority of Bank's Collateral Agent’s or any Lender’s security interests interest in the Collateral;.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value (other than normal depreciation calculated in accordance with GAAP, consistently applied) or priority of Bank's ’s security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there occurs a material adverse change in any Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of in any Borrower's ability to repay any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's security interests in the Collateral;.

Appears in 2 contracts

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

Material Adverse Change. If there occurs a Any material adverse change in Borrower's business Borrowers' business, property or financial conditioncondition has occurred or is imminent, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the Collateral value or priority of BankLender's security interests rights therein are materially impaired in the Collateral;any way.

Appears in 2 contracts

Samples: Business Loan Agreement (Genomic Solutions Inc), Business Loan Agreement (Genomic Solutions Inc)

Material Adverse Change. If there occurs The occurrence, in Bank’s opinion, of a material adverse change in Borrower's ’s business or financial condition, or if if, in Bank’s opinion, there is a material an impairment of the prospect of repayment of any portion of the Obligations or a material an impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 2 contracts

Samples: Loan and Security Agreement (Unilens Vision Inc), Loan and Security Agreement (Cea Acquisition Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of the value or priority of Bank's Lender’s security interests interest in the Collateral;.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Singulex Inc), Venture Loan and Security Agreement (Cereplast Inc)

Material Adverse Change. If there occurs a material adverse an event or change in Borrower's ’s business or financial conditioncondition that is a Material Adverse Effect, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's Lender’s security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;of

Appears in 2 contracts

Samples: Loan and Security Agreement (Freeshop Com Inc), Loan and Security Agreement (First Virtual Corp)

Material Adverse Change. If there occurs a any material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests ------------------------- in the Collateral;financial condition of Borrower or Guarantor.

Appears in 2 contracts

Samples: Loan and Security Agreement (Equivest Finance Inc), Loan and Security Agreement (Equivest Finance Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the CollateralObligations;

Appears in 2 contracts

Samples: Credit Agreement (Brocade Communications Systems Inc), Loan Agreement (Centigram Communications Corp)

Material Adverse Change. If there occurs a material adverse change in the Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Applied Signal Technology Inc), Credit Agreement (Volcom Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's Borrowers' business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 2 contracts

Samples: Loan and Security Agreement (Pfsweb Inc), Loan and Security Agreement (Inphonic Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations condition or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there occurs a material ----------------------- adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of BankCreditor's security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there occurs a material adverse ----------------------- change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of BankCreditor's security interests in the Collateral;

Appears in 2 contracts

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

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionMaterial Adverse Change, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;; 8.4

Appears in 1 contract

Samples: Loan and Security Agreement (Consilium Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Nuvasive Inc)

Material Adverse Change. If there occurs a material adverse change Material Adverse Change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Accrue Software Inc)

Material Adverse Change. If there occurs The occurrence of a material adverse change in Borrower's ’s business or financial condition, or if there is a material an impairment of the prospect of repayment of any portion of the Obligations or a material an impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;; 8.4

Appears in 1 contract

Samples: Loan and Security Agreement (Arthrocare Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionbusiness, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lenders or a material impairment of the value or priority of Bank's Lenders' security interests interest in the Collateral;.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Myogen Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;Obligations.

Appears in 1 contract

Samples: Loan Agreement (Stanford Microdevices Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's ----------------------- Borrowers' business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)

Material Adverse Change. If there occurs a Of any existing or forecasted material adverse change in Borrower's business the business, operations, assets, Property, prospects or financial conditioncondition of any Borrower or any Guarantor, or if there is a material impairment of which would otherwise adversely affect the prospect of repayment of any portion of Lender’s rights under the Obligations or a material impairment of the value or priority of Bank's security interests in the CollateralLoan Documents;

Appears in 1 contract

Samples: Loan Agreement (Reliv International Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;:

Appears in 1 contract

Samples: Loan and Security Agreement (3dfx Interactive Inc)

Material Adverse Change. If there occurs Any material adverse change in Borrower or the Company's business or financial conditions, a material adverse change in Borrower's business a material portion of the Properties has occurred or financial conditionis imminent, if the full performance of any of the Obligations is materially impaired, or if there is a material impairment the value of the prospect of repayment of Collateral or Lender's rights therein are materially impaired in any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;way.

Appears in 1 contract

Samples: Credit Agreement (Agree Realty Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionbusiness, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of the value or priority of Bank's Lenders security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Portal Software Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's or any Guarantor's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Hall Kinion & Associates Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Opentable Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's the business or financial conditioncondition of Borrower, taken as a whole, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the CollateralObligations;

Appears in 1 contract

Samples: Loan Agreement (Advanced Energy Industries Inc)

Material Adverse Change. If there occurs a Any material adverse change in the Borrower's business or ’s business, financial condition, or the Property has occurred or is imminent: if there is a material impairment the full performance of the prospect of repayment obligations of any portion of Obligor is materially impaired: or if the Obligations or a material impairment of the Collateral and its value or priority Lender’s rights with respect thereto are materially impaired in any way. The existence or reasonable likelihood of Bank's security interests in litigation, governmental proceeding, default, or other event that may materially and adversely affect an Obligor’s business, financial condition, or the Collateral;Property.

Appears in 1 contract

Samples: Business Loan Agreement (MDS Energy Public 2013-B Lp)

Material Adverse Change. If there occurs a material adverse change ----------------------- in Borrower's business or financial conditioncondition or prospects, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

Material Adverse Change. If there occurs a material adverse change in the Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or there is a material impairment of the value or priority of the Bank's security interests interest in the Collateral;. 7.10

Appears in 1 contract

Samples: Agreement (Golden State Vintners Inc)

Material Adverse Change. If there occurs a material adverse ----------------------- change in Borrower's business or financial conditionbusiness, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lenders or a material impairment of the value or priority of Bank's Lenders' security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Copper Mountain Networks Inc)

Material Adverse Change. If there occurs a material adverse change in any Co-Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Collateral Agent or Lender or a material impairment of the value or priority of Bank's Collateral Agent’s and Lender’s security interests interest in the Collateral;.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Mohawk Group Holdings, Inc.)

Material Adverse Change. If there occurs a material adverse change in Borrower's the business or financial condition, condition of Borrower or if there is a material impairment of the prospect of repayment of any portion of the Obligations Indebtedness owing by Borrower under this Agreement and the other Loan Documents, or a material impairment of the value or priority of Bank's Lender’s security interests in the Collateral;.

Appears in 1 contract

Samples: Credit Agreement (Vertical Capital Income Fund)

Material Adverse Change. If there occurs a material adverse change in either Borrower's ’s prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Proteinsimple)

Material Adverse Change. If there occurs a material adverse change in the Borrower's ’s business or financial condition, taken as a whole, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;Obligations,.

Appears in 1 contract

Samples: Credit Agreement (Cheesecake Factory Incorporated)

Material Adverse Change. If there occurs a material adverse change ----------------------- in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of BankCreditor's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Iprint Technologies Inc)

Material Adverse Change. If there occurs a material adverse change in the Borrower's ’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or there is a material impairment of the value or priority of the Bank's ’s security interests interest in the Collateral;, or if a Borrower who is a natural person shall die. 7.9

Appears in 1 contract

Samples: Finance Credit Agreement

Material Adverse Change. If there occurs a material adverse change in the financial condition of Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations Indebtedness owing by Borrower under this Agreement and the other Loan Documents, or a material impairment of the value or priority of BankLender's security interests in the Collateral;.

Appears in 1 contract

Samples: Credit Agreement (Loudeye Technologies Inc)

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Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;; provided that any going-concern qualifications to the Borrower's financial statements due to the possible failure of the Merger to be consummated shall not be considered to be an Event of Default under this Section 8.3.

Appears in 1 contract

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

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Collateral Agent or Lenders or a material impairment of the value or priority of Bank's Collateral Agent’s security interests interest in the Collateral;Collateral for the benefit of the Lenders.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Titan Pharmaceuticals Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of in the prospect of repayment of Borrower's ability to repay any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (E Piphany Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionthat could reasonably be expected to have a material adverse effect on the ability of Borrower to perform its obligations under this Agreement, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of the value or priority of BankLender's security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Vnus Medical Technologies Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the aggregate value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Wj Communications Inc)

Material Adverse Change. If there occurs a material adverse change Material Adverse Effect in Borrower's ’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations Loan or there is a material impairment of the value or priority of Bank's Lender’s security interests interest in the Collateral;.

Appears in 1 contract

Samples: Credit Agreement (Lake Area Corn Processors LLC)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s prospects, business or financial conditioncondition taken as a whole, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value (taken as a whole) or priority of Bank's ’s security interests in the CollateralCollateral (except as provided in the Schedule);

Appears in 1 contract

Samples: Loan and Security Agreement (Proxim Wireless Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;owing to Lender.

Appears in 1 contract

Samples: Convertible Loan Agreement (Titan Pharmaceuticals Inc)

Material Adverse Change. If there occurs a circumstance or circumstances that could reasonably be expected to have a material adverse change in Borrower's business effect on (i) the business, operations or financial condition, or if there is a material impairment condition of Borrower and (ii) the prospect ability of repayment of any portion of Borrower to repay the Obligations or a material impairment of otherwise perform its obligations under the value or priority of Bank's security interests in the CollateralLoan Documents;

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Solutions/Ca/)

Material Adverse Change. If there occurs a material adverse change in the Borrower's ’s prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the CollateralLoan;

Appears in 1 contract

Samples: Loan Agreement (Ark7 Properties LLC)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's ’s security interests in the Collateral;.

Appears in 1 contract

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

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition’s business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of the value or priority of Bank's Lender’s security interests in the Collateral;.

Appears in 1 contract

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

Material Adverse Change. If there occurs a material adverse change Material Adverse Change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Revolving Credit and Term (Motorvac Technologies Inc)

Material Adverse Change. If there occurs The occurrence, in Bank’s opinion, of a material adverse change in Borrower's ’s business or financial condition, or if if, in Bank’s opinion, there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's ’s security interests in the Collateral;.

Appears in 1 contract

Samples: Loan and Security Agreement (Adam Inc)

Material Adverse Change. If there occurs a material adverse ----------------------- change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the CollateralObligations;

Appears in 1 contract

Samples: Loan Agreement (Ultradata Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's ’s security interests in a material portion of the Collateral;

Appears in 1 contract

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

Material Adverse Change. If there occurs a material adverse ----------------------- change in a Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the CollateralCollateral from the condition that existed on the Closing Date;

Appears in 1 contract

Samples: Loan and Security Agreement (Ise Labs Inc)

Material Adverse Change. If there occurs a material ----------------------- adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Thermatrix Inc)

Material Adverse Change. If there occurs a material adverse change in a Borrower's ’s prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Jamdat Mobile Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's Borrowers’ business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's ’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Inphonic Inc)

Material Adverse Change. If there occurs a material adverse change ----------------------- in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations condition or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Inktomi Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's the Debtor’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations Indebtedness or a there is material impairment of the value or priority of the Bank's ’s security interests interest in the Collateral;.

Appears in 1 contract

Samples: Security Agreement (Biolase Technology Inc)

Material Adverse Change. If there occurs a material adverse change Material Adverse Effect in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations Loan or there is a material impairment of the value or priority of BankLender's security interests interest in the Collateral;.

Appears in 1 contract

Samples: Credit Agreement (Lake Area Corn Processors LLC)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of condition which could reasonably be expected to impair the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the CollateralObligations;

Appears in 1 contract

Samples: Loan and Security Agreement (Bladelogic Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionbusiness, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lender or a material impairment of the value or priority of BankLender's security interests interest in the Collateral;.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Anadys Pharmaceuticals Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionbusiness, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lenders or a material impairment of the value or priority of BankAgent's security interests interest in the Collateral;.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Egenera, Inc.)

Material Adverse Change. If there occurs a material adverse change in ----------------------- Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Verisity LTD)

Material Adverse Change. If there occurs a material adverse change in Borrower's prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of in the perfection, value or priority of Bank's security interests in the Collateral;.

Appears in 1 contract

Samples: Loan Agreement (Family Home Health Services, Inc.)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial conditionthe Co-Borrowers’ business, or if there is a material impairment of the prospect of repayment of any portion of the Obligations owing to Lenders or a material impairment of the value or priority of Bank's security interests Lenders’ Lien in the Collateral;.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Satcon Technology Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's ’s business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations condition or a material impairment of the value or priority of Bank's security interests Lender’s Security Interests in the Collateral;, or Lender believes the prospect of payment or performance of any of the Indebtedness is impaired.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Iridex Corp)

Material Adverse Change. If there occurs a material adverse change Material Adverse Change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's Lenders' security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

Material Adverse Change. If there occurs a material adverse change in the Borrower's ’s prospects, business or financial condition, or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;Loan.

Appears in 1 contract

Samples: Loan Agreement (Ark7 Properties LLC)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or consolidated financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Heartport Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material impairment of the prospect ability of repayment of Borrower to repay any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Viant Corp)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or financial condition, or if there is a material conditional impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Jetfax Inc)

Material Adverse Change. If there occurs a material adverse change Material Adverse ----------------------- Change in Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan Modification Agreement (Interwoven Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business ’s business, operations or condition (financial condition, or otherwise); or if there is a material impairment of in the prospect of repayment of any portion of the Obligations or the ability of Borrower to repay the Obligations; or if there occurs a material impairment of in the perfection, value or priority of Bank's Lender’s security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Vystar Corp)

Material Adverse Change. If there occurs a material adverse change in the Borrower's business or financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or there is a material impairment of the value or priority of the Bank's security interests interest in the Collateral;, or if a Borrower who is a natural person shall die. 7.10

Appears in 1 contract

Samples: Agreement (Golden State Vintners Inc)

Material Adverse Change. If there occurs a material adverse change in Borrower's business or or, financial condition, or if there is a material impairment of the prospect of repayment of any portion of the Obligations or a material impairment of the value or priority of Bank's security interests in the Collateral;

Appears in 1 contract

Samples: Loan and Security Agreement (Align Technology Inc)

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