Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 152 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's prior written consent.
Appears in 114 contracts
Samples: Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Ikanos Communications)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 111 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Xilio Therapeutics, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 87 contracts
Samples: Loan and Security Agreement (Zedge, Inc.), Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Backblaze, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt and the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision of any document evidencing such Subordinated Debt, except in compliance with the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 62 contracts
Samples: Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (Limeade, Inc), Loan and Security Agreement (NewAge, Inc.)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 54 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Cell Genesys Inc), Loan and Security Agreement (Saba Software Inc)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt Debt, without Bank's ’s prior written consent.
Appears in 30 contracts
Samples: Loan and Security Agreement, Security Agreement (Reval Holdings Inc), Loan and Security Agreement (Bluearc Corp)
Subordinated Debt. Make any payment in respect of any ----------------- Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 23 contracts
Samples: Loan and Security Agreement (Thermatrix Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan Modification Agreement (Orapharma Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank's rights contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 13 contracts
Samples: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Citadel Security Software Inc), Loan Agreement (Qad Inc)
Subordinated Debt. Make any payment in respect of any Subordinated ----------------- Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 11 contracts
Samples: Loan and Security Agreement (Copper Mountain Networks Inc), Loan Agreement (Logicvision Inc), Loan and Security Agreement (Natural Microsystems Corp)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's Lender’s prior written consent.
Appears in 7 contracts
Samples: Loan and Security Agreement (Qumu Corp), Loan and Security Agreement (Vuzix Corp), Assignment and Assumption Agreement (Vuzix Corp)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Agent’s or the Lenders’ rights contained in any documentation relating to the Subordinated Debt without Bank's Agent’s and the Required Lenders’ prior written consent.
Appears in 6 contracts
Samples: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without BankLender's prior written consent.
Appears in 5 contracts
Samples: Assignment and Assumption Agreement (Lc Capital Master Fund LTD), Loan and Security Agreement (Superconductor Technologies Inc), Security Agreement (Stevens Financial Group LLC)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's prior written consentDebt.
Appears in 5 contracts
Samples: Credit Reimbursement Agreement (Finisar Corp), Loan and Security Agreement (Art Technology Group Inc), Loan and Security Agreement (Deltagen Inc)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, ----------------- except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt Debt, without Bank's prior written consent.
Appears in 5 contracts
Samples: Loan and Security Agreement (Aml Communications Inc), Loan and Security Agreement (Switchboard Inc), Loan and Security Agreement (Lantronix Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's Banks' prior written consent.
Appears in 5 contracts
Samples: Loan and Security Agreement (Tegal Corp /De/), Loan and Security Agreement (Advanced Energy Industries Inc), Loan Agreement (Centigram Communications Corp)
Subordinated Debt. Make any payment in respect on account of any Subordinated Debt, or permit except to the extent the payment is allowed under any of its Subsidiaries to make any such payment, except in compliance subordination agreement entered into with the terms of such Subordinated DebtBank, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 4 contracts
Samples: Loan and Security Agreement (Spectrum Global Solutions, Inc.), Loan and Security Agreement (Catasys, Inc.), Loan and Security Agreement (MR2 Group, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent. For the abundance of caution, in no event shall Borrower make any payment under any Subordinated Debt if an Event of Default has occurred and is continuing or would occur as a result of such payment.
Appears in 4 contracts
Samples: Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (iSpecimen Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated DebtDebt or any intercreditor or subordination agreement, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's Required Lenders’ prior written consent.
Appears in 4 contracts
Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt and the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision of any document evidencing such Subordinated Debt, except in compliance with the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's prior written consentDebt.
Appears in 4 contracts
Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consentDebt.
Appears in 4 contracts
Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt and the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision of any document evidencing such Subordinated Debt, except in compliance with the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision affecting Lender’s rights contained in any documentation relating to the Subordinated Debt without Bank's Lender’s prior written consent.
Appears in 4 contracts
Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent, not to be unreasonably withheld or delayed.
Appears in 3 contracts
Samples: Loan and Security Agreement (Vertro, Inc.), Loan and Security Agreement (Vertro, Inc.), Loan and Security Agreement (Miva, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt and the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision of any document evidencing such Subordinated Debt, except in compliance with the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision affecting Bank's rights contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (IsoPlexis Corp), Loan and Security Agreement (PhenomeX Inc.), Loan and Security Agreement (Cas Medical Systems Inc)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's Lender’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Exa Corp), Loan and Security Agreement (Senorx Inc), Guaranty and Security Agreement (Entropic Communications Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, Debt except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Security Agreement (Orchard Enterprises, Inc.), Credit Agreement (Internet Capital Group Inc)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's Agent’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Acclarent Inc), Loan and Security Agreement (Hansen Medical Inc), Loan Modification Agreement (Infinera Corp)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of the subordination agreement entered into with respect to such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt Debt, except in compliance with the terms of the subordination agreement entered into with respect to such Subordinated Debt, without Bank's ’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Everbridge, Inc.), Loan and Security Agreement (Everbridge, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, if an Event of Default exists at the time of such payment or would exist after giving effect to such payment, or make any payment on any Subordinated Debt except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (MSC Software Corp), Loan and Security Agreement (Pharmchem Inc), Loan and Security Agreement (Pharmchem Laboratories Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consentconsent except as permitted under the applicable subordination agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Evolving Systems Inc), Loan and Security Agreement (Evolving Systems Inc), Loan Agreement (Evolving Systems Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated DebtDebt (including any subordination agreement executed in favor of Bank), or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Jl Halsey Corp), Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Lyris, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated DebtDebt (including the Investor Subordination Agreement), or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 3 contracts
Samples: Loan and Security Modification Agreement, Loan and Security Modification Agreement (EverQuote, Inc.), Loan and Security Modification Agreement (EverQuote, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent, which consent shall not be unreasonably withheld.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ekso Bionics Holdings, Inc.), Loan and Security Agreement (Auriga Laboratories, Inc.), Loan and Security Agreement (TorreyPines Therapeutics, Inc.)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt in a manner adverse to Bank without Bank's prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Onyx Software Corp/Wa), Loan and Security Agreement (Onyx Software Corp/Wa)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any material provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vidamed Inc), Loan and Security Agreement (Tci Solutions Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt, other than any amendment reducing the interest rate of such Subordinated Debt or extending the time for any payment of principal or interest under such Subordinated Debt, without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated DebtDebt and as would not otherwise result in an Event of Default hereunder, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Tivo Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's prior written consentDebt.
Appears in 2 contracts
Samples: Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank's rights contained in any documentation relating to the Subordinated Debt without Bank's prior written consentconsent which shall not be unreasonably withheld.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vitalstream Holdings Inc), Loan and Security Agreement (Safeguard Scientifics Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt Debt, except in compliance with the terms of such Subordinated Debt, without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (BioNano Genomics, Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make payment on any such paymentSubordinated ----------------- Debt, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt Debt, without Bank's prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (LTX Corp), Security Agreement (Switchboard Inc)
Subordinated Debt. Make any payment or repayment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such paymentpayment or repayment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt Debt, without Bank's the Administrative Agent’s prior written consent, except as expressly permitted under the terms of the subordination, intercreditor, or other similar agreements to which such Subordinated Debt is subject.
Appears in 2 contracts
Samples: Loan and Security Agreement (TechTarget Inc), Loan and Security Agreement (TechTarget Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision adversely affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Igi Laboratories, Inc), Loan and Security Agreement (Nanometrics Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (Aviza Technology, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt to increase the interest rate thereof, provide for earlier or greater principal, interest or other payments thereon, or accelerate the maturity thereof without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its respective Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt and the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision of any document evidencing such Subordinated Debt, except in compliance with the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max International Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debtany subordination agreement entered into with Bank, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt, other than any amendment reducing the interest rate of such Subordinated Debt or extending the time for any payment of principal or interest under such Subordinated Debt, without Bank's Administrative Agent’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt or the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Auspex Pharmaceuticals, Inc.), Loan and Security Agreement (Auspex Pharmaceuticals, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Multimedia Games Inc), Loan and Security Agreement (Multimedia Games Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of the subordination agreement applicable to such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt Debt, without Bank's Bank s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt that would reasonably be expected to cause a Material Adverse Change without Bank's prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Isis Pharmaceuticals Inc), Loan and Security Agreement (Cancervax Corp)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained (other than an amendment extending the term of any such Subordinated Debt) in any documentation document relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Xenogen Corp), Loan and Security Agreement (Xenogen Corp)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Lender’s rights contained in any documentation relating to the Subordinated Debt without Bank's Lender’s prior written consent.
Appears in 2 contracts
Samples: Credit Agreement (Trupanion Inc.), Loan and Security Agreement (Complete Genomics Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.. 7.11
Appears in 2 contracts
Samples: Loan and Security, Agreement (Jetfax Inc), Loan and Security Agreement (Arthrocare Corp)
Subordinated Debt. Make any payment in respect of any Subordinated ----------------- Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated DebtDebt and the Intercreditor Agreement, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 1 contract
Subordinated Debt. Make any any-payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Sagent Technology Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Lender’s rights contained in any documentation relating to the Subordinated Debt without Bank's Agent’s prior written consent.
Appears in 1 contract
Samples: Credit Agreement (Trupanion Inc.)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any material provision contained in any documentation document relating to the Subordinated Debt that would affect either Bank's first priority status with respect to the Collateral or Bank's senior right to payment, without Bank's prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Plumtree Software Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Material Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Wj Communications Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make payment on any such payment, Subordinated Debt except in compliance with (a) Permitted Payments or (b) under the terms of such the Subordinated Debt, or amend any material provision contained in any documentation document relating to the Subordinated Debt without Bank's prior written consentin a manner materially adverse to Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Inspire Pharmaceuticals Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the Subordination Agreement signed in connection with this Agreement or with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without in a manner adverse to Bank's prior written consentinterest (as reasonably determined by Bank).
Appears in 1 contract
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's ’s prior written consent.. 7.9
Appears in 1 contract
Samples: Loan and Security Agreement (Tanisys Technology Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent, which shall not be unreasonably withheld.
Appears in 1 contract
Samples: Loan Modification Agreement (Alteon Websystems Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with to the terms of extent such Subordinated Debtpayments are permitted under a subordination agreement between Bank and the applicable subordinated creditor, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Genaissance Pharmaceuticals Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt and the terms of the subordination agreement with Bank relating to such Subordinated Debt, or amend any provision of any document evidencing such Subordinated Debt, except in compliance with the terms of the subordination agreement relating to such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
Appears in 1 contract
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained in any documentation document relating to the Subordinated Debt Debt, without Bank's prior Bank’sprior written consent.
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Samples: Loan and Security Agreement (American Science & Engineering Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated DebtDebt (including terms prohibiting such payments in the applicable subordination agreement in favor of Bank), or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any material provision affecting Bank's rights contained in any documentation relating to the Subordinated Debt without Bank's prior written consentconsent which shall not be unreasonably withheld or delayed.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any material provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consentconsent which shall not be unreasonably withheld.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt in any manner which could directly or indirectly modify, terminate or impair the subordination of the Subordinated Debt or the subordination of the security interest or lien that the subordinated creditor may have in any property of Borrower without Bank's prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt in a manner that directly or indirectly terminates or impairs the subordination of the Subordinated Debt or the subordination of the security interest or lien that the subordinated creditor may have in any property of Borrower without Bank's prior written consent.
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Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its the Subsidiaries to make any such payment, except in compliance with any applicable subordination agreement or with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.documentation
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's Agent’s prior written consentconsent which shall not be unreasonably withheld, conditioned, or delayed.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its the Subsidiaries to make any such payment, except in compliance with any applicable subordination agreement or with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent, which approval shall not be unreasonably withheld, conditioned or delayed.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Administrative Agent’s rights contained in any documentation relating to the Subordinated Debt without Bank's Administrative Agent’s prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent, except in compliance with the terms of the applicable Subordination Agreement.
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Samples: Loan and Security Agreement (Cidara Therapeutics, Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, payment except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consentconsent which shall not be unreasonably withheld.
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Samples: Loan and Security Agreement (Reliant Technologies Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without BankServicing Agent's prior written consent.
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Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt which could reasonably be expected to adversely affect Bank or the seniority of Bank's debt, without Bank's prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated DebtDebt or any subordination agreement entered into with Bank, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.. 7.10
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Domestic Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the Subordination Agreement signed in connection with this Agreement or with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt in a manner that directly or indirectly terminates or impairs the subordination of the Subordinated Debt or the subordination of the security interest or lien that the subordinated creditor may have in any property of Grantor without Bank's prior written consent.
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Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make payment on any such payment, Subordinated Debt except in compliance with under the terms of such the Subordinated Debt, or amend any provision contained provision, in any documentation document relating to the Subordinated Debt without Bank's prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated ----------------- Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating relaxing to the Subordinated Debt without Bank's prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated ----- ------------------ Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.
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Samples: Loan and Security Agreement (Seachange International Inc)
Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit except as permitted by any of its Subsidiaries to make any such payment, except in compliance applicable subordination agreement with the terms of such Subordinated DebtBank, or amend any provision contained in any documentation document relating to the Subordinated Debt without Bank's ’s prior written consent.
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Subordinated Debt. Make or permit any payment in respect of on any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with under the terms of such the Subordinated Debt, Debt or amend any provision contained in any documentation document relating to the Subordinated Debt Debt, without Bank's ’s prior written consent.
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Samples: Loan and Security Agreement (Technest Holdings Inc)
Subordinated Debt. Make any payment in respect of any ----------------- Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent, which consent shall not be unreasonably withheld or delayed.
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Samples: Loan and Security Agreement (Loudeye Technologies Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, without Bank’s prior written consent, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without which would increase the amount thereof or adversely affect the subordination thereof to Obligations owed to Bank's prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's prior written consent.,
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Lender’s rights contained in any documentation relating to the Subordinated Debt without Bank's prior written consentDebt.
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Samples: Credit Agreement (Trupanion Inc.)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision affecting Bank’s rights contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent. Notwithstanding the foregoing, Parent may repurchase the Subordinated Notes with the proceeds of the Term Loan and New Equity in accordance with the terms and conditions of this Agreement.
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Samples: Loan and Security Agreement (Pac-West Telecomm Inc)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision in a manner adverse to Bank’s interest hereunder (as determined by Bank) contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.. 7.10
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Samples: Loan and Security Agreement (Scientific Learning Corp)
Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, or amend any provision contained in any documentation relating to the Subordinated Debt in a manner adverse to Bank without Bank's ’s prior written consent.
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Subordinated Debt. Make any payment in respect of any Subordinated Debt, or permit any of its Subsidiaries to make any such payment, except in compliance with the terms of such Subordinated Debt, payment or amend any provision contained in any documentation relating to the Subordinated Debt without Bank's ’s prior written consent.
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Samples: Loan and Security Agreement (Egain Communications Corp)