Merger Without Assumption. Borrower is acquired by or merges into any other business entity, and such acquirer or resulting entity either: (i) does not provide an unconditional, unlimited guaranty of the Obligations in form and substance satisfactory to Lender or (ii) is of a credit quality unacceptable to Lender in its commercially reasonable judgment.
Appears in 3 contracts
Samples: Loan and Security Agreement (ARYx Therapeutics, Inc.), Loan and Security Agreement (ARYx Therapeutics, Inc.), Loan and Security Agreement (ARYx Therapeutics, Inc.)
Merger Without Assumption. Borrower is acquired by or merges into any other business entityentity with respect to any merger that is not a Liquidation Event, and such acquirer or resulting entity either: (i) does not provide an unconditional, unlimited guaranty of the Obligations in form and substance satisfactory to Lender or (ii) is of a credit quality unacceptable to Lender in its commercially reasonable judgmentLender.
Appears in 2 contracts
Samples: Loan and Security Agreement (GlassHouse Technologies Inc), Loan and Security Agreement (GlassHouse Technologies Inc)
Merger Without Assumption. Borrower is acquired by or merges into any other business entity, and such acquirer or resulting entity either: (i) does not provide an unconditional, unlimited guaranty of the Obligations in form and substance satisfactory to Lender or (ii) is of a credit quality unacceptable to Lender in its commercially reasonable judgmentLender.
Appears in 2 contracts
Samples: Loan and Security Agreement (Concentric Medical Inc), Loan and Security Agreement (Combinatorx, Inc)
Merger Without Assumption. Borrower is acquired by or merges into any other business entity, and such acquirer or resulting entity either: (i) does not provide an unconditional, unlimited guaranty of the Obligations in form and substance satisfactory to Lender or (ii) is of a credit quality unacceptable to Lender (an acquirer or entity that, in its commercially the reasonable judgmentopinion of Lender, has the same or better credit worthiness as Borrower shall be acceptable).
Appears in 1 contract
Samples: Loan and Security Agreement (NxStage Medical, Inc.)
Merger Without Assumption. Either Borrower or any Subsidiary of Borrower is acquired by or merges into any other business entity, and such acquirer or resulting entity either: (i) does not provide an unconditional, unlimited guaranty of the Obligations in form and substance satisfactory to Lender or (ii) is of a credit quality unacceptable to Lender in its commercially reasonable judgmentLender.
Appears in 1 contract
