Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 27 contracts
Samples: Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.; or
Appears in 3 contracts
Samples: Loan and Security Agreement (Jamdat Mobile Inc), Loan and Security Agreement (Xenogen Corp), Loan and Security Agreement (Valueclick Inc/Ca)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Digital Impact Inc /De/)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Critical Therapeutics Inc), Loan and Security Agreement (Critical Therapeutics Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank Lenders or to induce Bank Lenders to enter this Agreement or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (TorreyPines Therapeutics, Inc.), Loan and Security Agreement (SGX Pharmaceuticals, Inc.)
Misrepresentations. If Borrower or any Person acting for Borrower ------------------ makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (LTX Corp), Loan and Security Agreement (Phase2media Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement at the time made now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Stratex Networks Inc), Loan and Security Agreement (Stratex Networks Inc)
Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)
Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement Agreement, any Loan Document, or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kanbay International Inc), Loan and Security Agreement (Kanbay International Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Exim Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Exim Agreement or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Daleen Technologies Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.;
Appears in 1 contract
Samples: Loan and Security Agreement (Sunrise Technologies International Inc)
Misrepresentations. If Borrower or any Person which the Bank reasonably believes is acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any ------------------ material misrepresentation or material omission or misstatement now or later in any warranty or representation in this Agreement or in any nay communication delivered to Bank Agent or to induce Bank Agent to enter this Agreement or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Exodus Communications Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Credit Document.
Appears in 1 contract
Samples: Letter of Credit Reimbursement Agreement (Finisar Corp)
Misrepresentations. If In the Bank's reasonable judgement, if Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to either Bank or to induce either Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or in order to induce Bank to enter this Agreement or any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Invision Technologies Inc)
Misrepresentations. If any Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.; or
Appears in 1 contract
Misrepresentations. If a Borrower or any Person acting for a Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank Agent or to Lenders or to induce Bank Lenders to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now as of the date made or later deemed made in any warranty or representation in this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.; or
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower Borrower, makes any material misrepresentation or material misstatement misstatement, in light of the circumstances in which it was made, now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or in order to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.;
Appears in 1 contract
Misrepresentations. If Borrower Borrower, any of its Material Subsidiaries, or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Breakaway Solutions Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in representation. In this Agreement or in any communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter into this Agreement or any Loan Document.; or
Appears in 1 contract
Samples: Loan and Security Agreement (Ultimate Software Group Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank any Lender or to induce Bank any Lender to enter this Agreement or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Onyx Software Corp/Wa)
Misrepresentations. If either Borrower or any Person acting for either Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any and Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later as of the date made in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower Borrower, or any Person acting for Borrower Borrower, makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or in order to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan DocumentAgreement.
Appears in 1 contract
Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank Agent or Lenders or to induce Bank Agent and Lenders to enter this Agreement or any Loan Document.
Appears in 1 contract
Misrepresentations. If Borrower Borrower, any of its Material Subsidiaries, or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement, the Purchase Agreement or in any communication delivered to Bank Lender or to induce Bank Lender to enter this Agreement or Agreement, any Loan DocumentDocument or the Purchase Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Breakaway Solutions Inc)
Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement when made now or later in any warranty or representation in this Agreement or in any communication writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Commerce One Inc / De/)