Common use of Reporting Covenant Required Complies Clause in Contracts

Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash ³ $5,000,000 WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% Yes No No Net Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Yes No No The following Intellectual Property was registered (or a registration application submitted) after the Second Amendment Closing Date (if no registrations, state “None”) All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).

Appears in 4 contracts

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

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Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash ³ $5,000,000 15,000,000* WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 15,000,000* WSJ Prime + 1.75% Yes No No Net Cash Non-Formula Loans Net Cash Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 15,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 15,000,000 WSJ Prime + 1.25% Yes No No Adjusted Quick Ratio (monthly) 1.25:1.00 :1.00 Yes No Net Cash $15,000,000 $ Yes No The following Intellectual Property was registered (or a registration application submitted) after financial covenant analysis and other information set forth in Schedule 1 attached hereto are true and accurate as of the Second Amendment Closing Date (if no registrations, state “None”) date of this Certificate. All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).Date

Appears in 4 contracts

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

Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash ³ $5,000,000 15,000,000* WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 15,000,000* WSJ Prime + 1.75% Yes No No Net Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 15,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 15,000,000 WSJ Prime + 1.25% Yes No No Adjusted Quick Ratio (monthly)* 1.25:1.00 :1.00 Yes No Net Cash* $15,000,000 $ Yes No Unrestricted Cash and Cash Equivalents at Bank and Bank Affiliates** $25,000,000 $ Yes No * Commencing with the month ending November 30, 2017 ** Through October 31, 2017 The following Intellectual Property was registered (or a registration application submitted) after financial covenant analysis and other information set forth in Schedule 1 attached hereto are true and accurate as of the Second Amendment Closing Date (if no registrations, state “None”) date of this Certificate. All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).Date

Appears in 3 contracts

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

Reporting Covenant Required Complies. Annual financial statements (CPA Audited) FYI within 180 days Yes No Monthly financial statements with (consolidated), Compliance Certificate and deferred revenue report Monthly within 30 days Yes No Quarterly financial statements (consolidating) Quarterly within 30 days Yes No 10K and 10Q (as applicable) Yes No Annual financial statement (CPA Audited) + XX XXX within 180 operating budget, sales projections and operating plans approved by board of directors Annual no later than 30 days after the end of each fiscal year Yes No A/R & A/P Agings Monthly Agings, Inventory Report, Borrowings Base Certificate Prior to each Credit Extension, and monthly within 30 20 days Yes No Deferred Revenue A/R Audit Initial (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval close) and Semi-Annual thereafter Yes No Net Cash ³ $5,000,000 WSJ Prime + 0.35% Inventory Exam Prior to any Advance on “Eligible Inventory” and Annually thereafter Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% IP Report Annually within 30 days, and promptly after filings with the USPTO and/or Copyright Office Yes No No Net Deposit balances with Bridge Bank $ Deposit balances with Comerica Bank $ Deposit balances outside Bridge Bank or Comerica Bank (explain on attachment) $ Amount/% of Total Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% maintained with foreign subsidiaries $ /% (may not exceed 5%) Yes No Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Minimum Asset Coverage Ratio (monthly) 1.50: 1.00 :1.00 Yes No Minimum Tangible Net Worth (quarterly) $ 8,000,000 * $ Yes No The following Intellectual Property was registered Minimum Unrestricted Cash in DDA at each of Bridge and Comerica $ 1,000,000 ** $ Yes No Received by: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status Yes No DATE * increasingly by (or a registration application submittedi) 25% of New Equity, (ii) 25% of Investors’ indebtedness actually advanced (after the Second Amendment Closing Date (if no registrations, state “None”) All other representations and warranties in this Agreement are true and correct in all material respects on this dateinitial advance thereof, and Borrower represents that there is no existing Event (iii) 70% of Default. Sincerely, TINTRI, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT quarterly net profit after tax (this “Amendment”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY BANK, a California corporation (“Bank”determined in accordance with GAAP), not to exceed $10,000,000 through 12/31/11. ** to increase to $3,000,000 ($4,000,000 in the event of any advance of the Investors’ Indebtedness) at Bridge and TINTRI, INC$2,000,000 ($3,000,000 in the event of any advance of the Investors’ Indebtedness) at Comerica in the event Borrower’s quarterly revenue is <80% of the Board-approved forecast delivered to Lenders in accordance with Section 6.3., a Delaware corporation (“Borrower”).

Appears in 3 contracts

Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Reporting Covenant Required Complies. Monthly financial statements with Compliance Monthly within 30 days Yes No Annual (CPA Audited) FYE within 120 days Yes No A/R Agings and Borrowing Base Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Maintain on a Monthly Basis: Minimum Quick Ratio 1.50:1.0 :1.0 Yes No A/R & A/P Agings Monthly within 30 days Maintain on a Quarterly Basis: Minimum Revenue: 9/30/01 $ 11,400,000 $ Yes No Deferred Revenue (if applicable) Monthly within 30 days 12/31/01 $ 12,700,000 $ Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days 3/31/02 $ 13,400,000 $ Yes No Board Projections FYE within 30 days of Board Approval 6/30/02 $ 14,700,000 $ Yes No Net Cash ³ $5,000,000 WSJ Prime + 0.35% 9/30/02 $ 16,200,000 $ Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% 12/31/02 $ 16,900,000 $ Yes No No Net Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% Profitability 12/31/02 and thereafter $ $ Yes No Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Comments Regarding Exceptions: See Attached. BANK USE ONLY Sincerely, Received by: Authorized Signer Signature Date: Title Verified Authorized Signer Date Date: Compliance Status: Yes No No LOAN AGREEMENT SUPPLEMENT No. [ ], dated , 200 (“Supplement”), to the Loan and Security Agreement dated as of , 2001 (the “Loan Agreement) by and among the undersigned (“Borrowers”), and Silicon Valley Bank (“Bank”). Capitalized terms used herein but not otherwise defined herein are used with the respective meanings given to such terms in the Loan Agreement. To secure the prompt payment by Borrowers of all amounts from time to time outstanding under the Loan Agreement, and the performance by Borrowers of all the terms contained in the Loan Agreement, Borrowers grant Bank, a first priority security interest in each item of equipment and other property described in Annex A hereto, which equipment and other property shall be deemed to be additional Financed Equipment and Collateral. The following Intellectual Property was registered Loan Agreement is hereby incorporated by reference herein and is hereby ratified, approved and confirmed. Annex A (or a registration application submittedEquipment Schedule) after and Annex B (Loan Terms Schedule) are attached hereto. The proceeds of the Second Amendment Closing Loan should be transferred to Company’s account with Bank set forth below: Bank Name: Silicon Valley Bank Account No.: Borrowers hereby certify that (a) the foregoing information is true and correct and authorizes Bank to endorse in its respective books and records, the Basic Rate applicable to the Funding Date of the Loan contemplated in this Loan Agreement Supplement and the principal amount set forth in the Loan Terms Schedule; (if no registrations, state “None”b) All other the representations and warranties made by Borrowers in this the Loan Agreement are true and correct in all material respects on this date, the date hereof and Borrower represents that there is no existing will be true and correct on such Funding Date. No Event of DefaultDefault has occurred and is continuing under the Loan Agreement. SincerelyThis Supplement may be executed by Borrowers and Bank in separate counterparts, TINTRIeach of which when so executed and delivered shall be an original, INCbut all such counterparts shall together constitute but one and the same instrument. Signature Title Date This Supplement is delivered as of this day and year first above written. SILICON VALLEY BANK By: By: Name: Name: Title: Title: Annex A - Description of Financed Equipment Annex B - Loan Terms Schedule The Financed Equipment being financed with the Equipment Advance which this Loan Agreement Supplement is being executed is listed below. Upon the funding of such Equipment Advance, this schedule automatically shall be deemed to be a part of the Collateral. Description of Equipment: Make Mxxxx Xxxxxx # Xxxxxxx # Loan Funding Date: , 200 Original Loan Amount: $ Basic Rate: 9.00% Loan Factor: % Scheduled Payment Dates and Amounts*: One (1) payment of $ due payment of $ due monthly in advance from through . Maturity Date: * / The amount of each Scheduled Payment will change as the Loan Amount changes. Outstanding Equipment Advances: 1100068718 $ 151,962.34 Prime +1% Floating March 14, 2002 N/A 1100087850 $ 1,000,241.20 9.38 (Fixed) August 1, 2003 5 % 1100092258 $ 528,921.47 8.88% (Fixed) November 1, 2003 5 % THIS THIRD FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “AmendmentAgreement”) is entered into this 6th day as of FebruaryJanuary 11, 20152002, by and between among (i) SILICON VALLEY BANK, a California corporation chartered bank, doing business in Virginia as “Silicon Valley East” (“Bank”) with its principal place of business at 3000 Xxxxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxxx 00000 and with a loan production office located at 10000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxx 00000, (ii) BLACKBOARD INC., a Delaware corporation, having an address at 1000 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000 (“Company”), and TINTRI(ii) BLACKBOARD ACQUISITION COMPANY, LLC, a Delaware limited liability company having an address at 1000 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000 (“Blackboard Acquisition”), (iii) BLACKBOARD CAMPUSWIDE, INC., a Delaware corporation, (iv) BLACKBOARD ICOLLEGE, INC., a Delaware corporation having an address at 1000 X Xxxxxx, X..X., Xxxxxxxxxx, X.X. 00000, (v) AT&T CAMPUSWIDE ACCESS SOLUTIONS, INC., a Delaware corporation having an address at 1000 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000, (vi) AT&T CAMPUSWIDE ACCESS SOLUTIONS OF TEXAS, INC., a Texas corporation having an address at 1000 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000 (each an “Original Borrower” and collectively, the “Original Borrowers”), and Bb ACQUISITION CORP., a Delaware corporation, having an address at 1000 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000 (the “New Borrower” and together with the Original Borrowers, each a “Borrower” and collectively, the “Borrowers”).

Appears in 2 contracts

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

Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No A/R & A/P Agings Monthly within 30 days Yes No Deferred Recurring Revenue (if applicable) Report Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE Monthly financial statements Monthly within 30 days of Board Approval Yes No Net Cash ³ $5,000,000 WSJ Prime + 0.35Compliance Certificate Monthly within 30 days Yes No Annual financial statements (CPA Audited) FYE within 180 days Yes No Annual operating budget, sales projections and operating plans approved by board of directors Annually no later than 30 days following the beginning of each fiscal year or board approval, whichever is earlier Yes No A/R Audit Initial and Annual Yes No IP Report Annual Yes No Deposit balances with Bank $ Deposit balance outside Bank $ Financial Covenant Required Actual Complies Minimum MRR Renewal Rate (measured quarterly, on a rolling 4 quarters basis) 90% % Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% Comments Regarding Exceptions: See Attached. BANK USE ONLY Received by: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE Date: TITLE Compliance Yes No No Net Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Status DATE This Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Yes No No The following Intellectual Property was registered (or a registration application submitted) after the Second Amendment Closing Date (if no registrationsand Security Modification Agreement is entered into as of February 22, state “None”) All other representations 2016 by and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRIbetween EVERBRIDGE, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this AmendmentBorrower”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY WESTERN ALLIANCE BANK, a California corporation successor in interest to Bridge Bank, National Association (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).

Appears in 2 contracts

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

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Reporting Covenant Required Complies. Monthly financial statements with Compliance Certificate Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No A/R & A/P Agings Monthly within 30 days Yes No Deferred Revenue (if applicable) Monthly within 30 days Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash ³ $5,000,000 15,000,000* WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 15,000,000* WSJ Prime + 1.75% Yes No No Net Cash Non-Formula Loans Net Cash Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Eligible* Net Cash ³ $20,000,000 15,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 15,000,000 WSJ Prime + 1.25% Yes No No *-Borrower shall be Non-Formula Loan Eligible regardless of Borrower’s Net Cash through July 15, 2017 Adjusted Quick Ratio (monthly)* 1.25:1.00 :1.00 Yes No Net Cash* $15,000,000 $ Yes No Unrestricted Cash and Cash Equivalents at Bank and Bank’s Affiliates** $25,000,000 $ Yes No Either: Upon IPO prior to 7/15/17, deposit gross proceeds from IPO at Bank Otherwise, draw Subordinated Debt before July 15, 2017 $70,000,000 $20,000,000 $ $ Yes No Yes No * Commencing with the month ending November 30, 2017 ** Through October 31, 2017 but excluding month ending June 30, 2017 The following Intellectual Property was registered (or a registration application submitted) after financial covenant analysis and other information set forth in Schedule 1 attached hereto are true and accurate as of the Second Amendment Closing Date (if no registrations, state “None”) date of this Certificate. All other representations and warranties in this Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day of February, 2015, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).Date

Appears in 1 contract

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

Reporting Covenant Required Complies. Monthly A/R and A/P agings, reconciliations and Transaction Report, deferred revenue schedule, inventory report and Consigned Collateral report Monthly within 20 days Yes No Monthly financial statements with Compliance Certificate Certificate; with information sufficient to permit Bank to calculate AQR Monthly within 30 days Yes No Annual financial statement (CPA Audited) + XX XXX within 180 days Yes No A/R & A/P Agings Monthly within 30 Annual projections 60 days after FYE Yes No Deferred Revenue Transaction Report (if applicableAQR is less than [***]) Monthly within 30 days More frequent of weekly or with each request for an Advance Yes No Borrowing Base Certificate (if Borrowing Base Eligible 10-Q, 10-K and any Advances are outstanding) Monthly within 30 8-K Within 5 days after filing with SEC Yes No Board Projections FYE within 30 days of Board Approval Maintain at all times, measured monthly: Minimum Adjusted Quick Ratio as follows: From 6/30/2011 through 9/29/2011 [ ***] ____:1.00 Yes No Net Cash ³ $5,000,000 WSJ Prime + 0.35% From 9/30/2011 through 12/30/2011 [ ***] ____:1.00 Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% From and after 12/31/2011 [ ***] ____:1.00 Yes No No Net Maintain at all times, measured quarterly: Minimum Free Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% Flow as follows: from 4/1/11 through 12/31/11 [ ***] $ Yes No From and after 1/1/2012 [ ***] $ Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Yes No No The following Intellectual Property was registered are the exceptions with respect to the certification above: (or a registration application submitted) after the Second Amendment Closing Date (if If no registrationsexceptions exist, state “NoneNo exceptions to note.”) All other representations The following analysis and warranties information set forth in this Agreement Schedule 1 attached hereto are true and correct in all material respects on accurate as of the date of this date, and Borrower represents that there is no existing Event of DefaultCertificate. Sincerely, TINTRIALPHATEC SPINE, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day of FebruaryLENDERS’ USE ONLY By: Received by: Name: AUTHORIZED SIGNER Title: Date: Verified: DATE: Compliance Status: Yes No BORROWER: ALPHATEC SPINE, 2015INC. DATE: August __, by and between 2011 BANK: SILICON VALLEY BANKBANK I hereby certify as follows, a California corporation (“Bank”), and TINTRI, INC., a Delaware corporation (“Borrower”).as of the date set forth above:

Appears in 1 contract

Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)

Reporting Covenant Required Complies. Monthly financial statements (consolidated and consolidating Borrower and Subsidiaries; balance sheets and funds flow (including note amount) to/from RSPEs) with Compliance Certificate Monthly within 30 days Yes No Quarterly financial statements (full combination of Borrower, Subsidiaries and RSPE’s; true-up of funds flows (including note amount) to/from RSPE’s) with Compliance Certificate Quarterly within 30 days Yes No Annual financial statement (consolidated and consolidating Borrower and Subsidiaries; combined with RSPEs) (CPA Audited) + XX XXX with Compliance Certificate FYE within 180 days Yes No A/R & A/P Agings Monthly within 30 Annual Board Approved Financial Projections Earlier of 7 days of board approval or 60 days after FYE Yes No Deferred Revenue How much is Borrower’s Consolidated Cash (if applicablei.e. combined with Related Special Purpose Entities): $ Aggregate RSPE Loans made in immediately preceding fiscal quarter: $ (Maximum Permitted $2,000,000 per fiscal quarter) Monthly Has any RSPE failed to make payments of at least 85% of the applicable RSPE Loan within 30 90 days following funding of such RSPE Loan? Yes No Borrowing Base Certificate (if Borrowing Base Eligible and any Advances are outstanding) Monthly within 30 days Yes No Board Projections FYE within 30 days of Board Approval Yes No Net Cash ³ $5,000,000 WSJ Prime + 0.35% Yes No Yes Net Cash < $5,000,000 WSJ Prime + 1.75% Yes No No Net Cash Non-Formula Loans Non-Formula Applicable Rate Applies Non-Formula Loan Eligible Net Cash ³ $20,000,000 WSJ Prime + 1.25% Yes No Yes Net Cash < $20,000,000 WSJ Prime + 1.25% Yes No No No. If Yes, please explain: The following Intellectual Property was registered are the exceptions with respect to the certification above: (or a registration application submitted) after the Second Amendment Closing Date (if If no registrationsexceptions exist, state “NoneNo exceptions to note.”) All other representations aTyr Pharma, Inc. BANK USE ONLY By: Received by: Name: AUTHORIZED SIGNER Title: Date: Verified: Date: Compliance Status: Yes No This First Amendment to Loan and warranties in this Security Agreement are true and correct in all material respects on this date, and Borrower represents that there is no existing Event of Default. Sincerely, TINTRI, INC. Signature Title Date THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 6th day as of FebruaryJuly 24, 20152013, by and between SILICON VALLEY BANK, a California corporation Silicon Valley Bank (“Bank”)) and aTyr Pharma, and TINTRI, INC.Inc., a Delaware corporation (“Borrower”)) whose address is 3500 Xxxx Xxxxxxx Court, #250, San Diego, CA 92121.

Appears in 1 contract

Samples: Loan and Security Agreement (aTYR PHARMA INC)

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