Senior Loan Agreement. The occurrence of an Event of Default (as defined in the Senior Loan Agreement) under the Senior Loan Agreement (other than a default solely resulting from Borrower’s failure to comply with the financial covenant set forth in Section 6.9 of the Senior Loan Agreement).
Senior Loan Agreement. Unless otherwise defined herein or the context otherwise requires, terms used in this Agreement, including the introductory paragraph and Recitals hereto, that are defined in the Senior Loan Agreement (as in effect on the date hereof), have the meanings given to such terms in the Senior Loan Agreement (as in effect on the date hereof).
Senior Loan Agreement. The Senior Loan Agreement shall be in form and substance substantially as attached hereto as EXHIBIT F, shall have been duly authorized, executed and delivered by the Company and/or its Subsidiaries, shall be in full force and effect as of the Closing and shall not have been amended or modified in any material respect. All conditions to the obligations of the Senior Lenders to make loans under the Senior Loan Agreement shall have been satisfied in full (or duly waived without the payment of additional consideration in excess of $5,000,000 in the aggregate, together with all other payments of additional consideration for waivers to agreements in paragraphs 2F to 2I, inclusive, for such waiver), and the loans to be made thereunder by the Senior Lenders at the Closing shall have been advanced to the Company prior to or simultaneously with the Closing hereunder in accordance with the terms of the Senior Loan Agreement.
Senior Loan Agreement. The parties hereto agree to negotiate in good faith with a view to proceeding to definitive documentation with respect to the Senior Loan Agreement as soon as is reasonably practicable following the date hereof.
Senior Loan Agreement. (a) The occurrence of an Event of Default (as defined in the Senior Loan Agreement) resulting from Borrower’s failure to comply with Sections 2.1.1(b), 2.1.2(b) or 2.1.3(c) of the Senior Loan Agreement or (b) upon Bank’s exercise of remedies pursuant to Section 9.1(a) of the Senior Loan Agreement; or
Senior Loan Agreement. Senior Loan Agreement means the Loan and Security Agreement between Borrower and BlueCrest dated as of on or about the date hereof.
Senior Loan Agreement. The definition of "Senior Loan Agreement" in Section 1.1 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
Senior Loan Agreement. (a) Borrower shall not, without the prior written consent of Agent, enter into any amendment, restatement, supplement or modification to the Senior Loan Agreement that (i) modifies the provisions (including the definitions included therein) specifically relating to the borrowing base, eligible accounts receivable, eligible purchase orders or the advance rates with respect thereto, (ii) eliminates the borrowing base from the Senior Loan Agreement or (iii) adds any facility for advances not based on the borrowing base, other than Protective Advances. Notwithstanding the foregoing, Borrower shall be permitted to amend the Senior Loan Agreement without the consent of Agent solely to amend the eligibility requirements (i) with respect to eligible accounts receivable and eligible purchase orders, to include additional specific customers under any section that references a list of specific customers and (ii) with respect to eligible accounts receivable, to increase the number of days that an eligible account may be outstanding to up to 120 days from the original invoice date.
(b) Borrower shall provide written notice to Agent within three (3) Business Days of entering into any amendment, restatement, supplement or modification of the Senior Loan Agreement.”
(e) Section 7.01(c) of the Loan Agreement is hereby amended and restated in its entirety as follows:
Senior Loan Agreement. The Senior Loan Agreement duly executed by Bxxxxxxx and SVB, and evidence of satisfaction (or waiver) of all conditions precedent therein.
Senior Loan Agreement. The Purchaser shall have received an Officer's Certificate of the Company attaching a fully executed copy of the Senior Loan Agreement and certifying that such document is a true and complete copy thereof, and that neither the offer, issuance, sale or delivery of the Preferred Stock by the Company nor the execution, delivery or performance of this Agreement or the Other Agreements does or will conflict with or result in a breach of, or constitute a default under, such Senior Loan Agreement.
