TABLE OF EXHIBITS AND SCHEDULES. Exhibit A: Advance Request Attachment to Advance Request Exhibit B-1: Term Note A Note Exhibit B-2: Term B Note B Exhibit B-3: Revolving Note Exhibit C: Name, Locations, and Other Information for Borrowers Exhibit D: Borrowers’ Patents, Trademarks, Copyrights and Licenses Exhibit E: Borrowers’ Deposit Accounts and Investment Accounts Exhibit F: Compliance Certificate Exhibit G: Joinder Agreement Exhibit H: Borrowing Base Certificate Exhibit I: ACH Debit Authorization Agreement Exhibit J: Form of Collateral Assignment of Acquisition Documents Exhibit K Form of Registration Rights Agreement Schedule 1 Subsidiaries Schedule 1A Existing Permitted Indebtedness Schedule 1B Existing Permitted Investments Schedule 1C Existing Permitted Liens Schedule 5.3 Consents, Etc. Schedule 5.5 Actions Before Governmental Authorities Schedule 5.8 Tax Matters Schedule 5.9 Intellectual Property Claims Schedule 5.10 Intellectual Property Schedule 5.11 Borrower Products Schedule 5.14 Capitalization and Subsidiaries Schedule 7.14 Deposit Accounts To: Lender: Date: , 20 Hercules Technology Growth Capital, Inc. 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 000-000-0000 Attn: Infologix, Inc., on behalf of itself and InfoLogix Systems Corporation, Embedded Technologies, LLC, Opt Acquisition LLC and InfoLogix-DDMS, Inc. (collectively, the “Borrowers”) hereby request from Hercules Technology Growth Capital, Inc. (“Lender”) [a [Revolving Loan Advance] [an Equipment Term Loan Advance] in the amount of Dollars ($ ) on , 20 (the “Advance Date”) pursuant to the, [which is at least two (2) Business Days following the date hereof for any Revolving Loan Advance] [which is at least two (2) Business Days following the date hereof for any Equipment Term Loan Advance], pursuant to the Amended and Restated Loan and Security Agreement, dated as of November 20, 2009 among Borrowers and Lender (as amended and in effect from time to time, the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please:
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TABLE OF EXHIBITS AND SCHEDULES. Exhibit A: Advance Request Attachment to Advance Request Exhibit B-1: Term Note A Note Exhibit B-2: Term B Note B Exhibit B-3: Revolving Note Exhibit C: Name, Locations, and Other Information for Borrowers Exhibit D: Borrowers’ Patents, Trademarks, Copyrights and Licenses Exhibit E: Borrowers’ Deposit Accounts and Investment Accounts Exhibit F: Compliance Certificate Exhibit G: Joinder Agreement Exhibit H: Borrowing Base Certificate Exhibit I: ACH Debit Authorization Agreement Exhibit J: Form of Collateral Assignment of Acquisition Documents Exhibit K Form of Registration Rights Agreement Schedule 1 Subsidiaries Schedule 1A Existing Permitted Indebtedness Schedule 1B Existing Permitted Investments Schedule 1C Existing Permitted Liens Schedule 5.3 Consents, Etc. Schedule 5.5 Actions Before Governmental Authorities Schedule 5.8 Tax Matters Schedule 5.9 Intellectual Property Claims Schedule 5.10 Intellectual Property Schedule 5.11 Borrower Products Schedule 5.14 Capitalization and Subsidiaries Schedule 7.14 Deposit Accounts To: Lender: Date: , 20 Hercules Technology Growth Capital, Inc. 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 000-000-0000 Attn: Infologix, Inc., on behalf of itself and InfoLogix Systems Corporation, Embedded Technologies, LLC, Opt Acquisition LLC and InfoLogix-DDMS, Inc. (collectively, the “Borrowers”) hereby request from Hercules Technology Growth Capital, Inc. (“Lender”) [a [Revolving Loan Advance] [an Equipment Term Loan Advance] in the amount of Dollars ($ ) on , 20 (the “Advance Date”) pursuant to the, [which is at least two (2) Business Days following the date hereof for any Revolving Loan Advance] [which is at least two (2) Business Days following the date hereof for any Equipment Term Loan Advance], pursuant to the Amended and Restated Loan and Security Agreement, dated as of November 20, 2009 Agreement among Borrowers and Lender (as amended and in effect from time to time, the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please:
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TABLE OF EXHIBITS AND SCHEDULES. Exhibit A: Advance Request Attachment to Advance Request Exhibit B-1X-x: Term A Note A Note Exhibit B-2: Term B Note B Exhibit B-3: Revolving Note Exhibit B-4 Equipment Term Loan Note Exhibit C: Name, Locations, and Other Information for Borrowers Exhibit D: Borrowers’ Patents, Trademarks, Copyrights and Licenses Exhibit E: Borrowers’ Deposit Accounts and Investment Accounts Exhibit F: Compliance Certificate Exhibit G: Joinder Agreement Exhibit H: Borrowing Base Certificate Exhibit I: ACH Debit Authorization Agreement Exhibit J: Form of Collateral Assignment of Acquisition Documents Exhibit K Form of Registration Rights Agreement Schedule 1 Subsidiaries Schedule 1A Existing Permitted Indebtedness Schedule 1B Existing Permitted Investments Schedule 1C Existing Permitted Liens Schedule 5.3 Consents, Etc. Schedule 5.5 Actions Before Governmental Authorities Schedule 5.8 Tax Matters Schedule 5.9 Intellectual Property Claims Schedule 5.10 Intellectual Property Schedule 5.11 Borrower Products Schedule 5.14 Capitalization and Subsidiaries Schedule 7.14 Deposit Accounts To: Lender: Date: , 20 Hercules Technology Growth Capital, Inc. 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 000-000-0000 Attn: Infologix, Inc., on behalf of itself and InfoLogix Systems Corporation, Embedded Technologies, LLC, Opt Acquisition LLC and InfoLogix-DDMS, Inc. (collectively, the “Borrowers”) hereby request from Hercules Technology Growth Capital, Inc. (“Lender”) [a [Revolving Loan Advance] [an Equipment Term Loan Advance] in the amount of Dollars ($ ) on , 20 (the “Advance Date”) pursuant to the), [which is at least two (2) Business Days following the date hereof for any Revolving Loan Advance] [which is at least two (2) Business Days following the date hereof for any Equipment Term Loan Advance], pursuant to the Amended and Restated Loan and Security Agreement, dated as of November 20, 2009 among Borrowers and Lender (as amended and in effect from time to time, the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please:
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Samples: Loan and Security Agreement (Hercules Technology I, LLC)
TABLE OF EXHIBITS AND SCHEDULES. Exhibit A: Advance Request Attachment to Advance Request Exhibit B-1B: Term Note A Note Exhibit B-2: Term B Note B Exhibit B-3: Revolving Promissory Note Exhibit C: Name, Locations, and Other Information for Borrowers Borrower Exhibit D: Borrowers’ Borrower’s Patents, Trademarks, Copyrights and Licenses Exhibit E: Borrowers’ Borrower’s Deposit Accounts and Investment Accounts Exhibit F: Compliance Certificate Exhibit G: Joinder Agreement Exhibit H: Borrowing Base Certificate Exhibit I: ACH Debit Authorization Agreement Exhibit J: Form of Collateral Assignment of Acquisition Documents Exhibit K Form of Registration Rights Agreement Schedule 1 Subsidiaries Schedule 1A Existing Permitted Indebtedness Indebtedness to AFCO in connection with the financing of Borrower’s insurance premiums in an amount equal to $52,370.60. Indebtedness to Applied Biosystems in connection with a capital lease in an amount equal to $183,200.00. Schedule 1B Existing Permitted Investments Investments with Munder Capital and SVB Securities in accordance with the Panacos Pharmaceuticals, Inc. Investment Policy Investments on the listing attached hereto Schedule 1C Existing Permitted Liens UCC to be filed in connection with Master Lease Agreement with Applied Bioysystems Schedule 5.3 Consents, Etc. None Schedule 5.5 Actions Before Governmental Authorities None Schedule 5.8 Tax Matters None Schedule 5.9 Intellectual Property Claims Any patent or trademark applications in Exhibit D that have not yet been granted are not yet valid or enforceable. Schedule 5.10 Intellectual Property See Exhibit D Schedule 5.11 Borrower Products None Schedule 5.14 Capitalization and Subsidiaries Schedule 7.14 Deposit 5.12 Financial Accounts See Exhibit E To: Lender: Date: , 20 Hercules Technology Growth Capital, Inc. 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 000-000-0000 Attn: InfologixPANACOS PHARMACEUTICALS, Inc., on behalf of itself and InfoLogix Systems Corporation, Embedded Technologies, LLC, Opt Acquisition LLC and InfoLogix-DDMS, Inc. INC. (collectively, the “BorrowersBorrower”) hereby request requests from Hercules Technology Growth Capital, Inc. (“Lender”) [a [Revolving Loan Advance] [an Equipment Term Loan Advance] Advance in the amount of Dollars ($ ) on , 20 (the “Advance Date”) pursuant to the, [which is at least two (2) Business Days following the date hereof for any Revolving Loan Advance] [which is at least two (2) Business Days following the date hereof for any Equipment Term Loan Advance], pursuant to the Amended and Restated Loan and Security Agreement, dated as of November 20, 2009 among Borrowers Agreement between Borrower and Lender (as amended and in effect from time to time, the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please:.
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Samples: Loan and Security Agreement (Panacos Pharmaceuticals, Inc.)
TABLE OF EXHIBITS AND SCHEDULES. Exhibit A: Advance Request Attachment to Advance Request Exhibit B-1: Term Note A Note Exhibit B-2: Term B Note B Exhibit B-3: Revolving Note Exhibit C: Name, Locations, and Other Information for Borrowers Exhibit D: Borrowers’ Patents, Trademarks, Copyrights and Licenses Exhibit E: Borrowers’ Deposit Accounts and Investment Accounts Exhibit F: Compliance Certificate Exhibit G: Joinder Agreement Exhibit H: Borrowing Base Certificate Exhibit I: ACH Debit Authorization Agreement Exhibit J: Form of Collateral Assignment of Acquisition Documents Exhibit K Form of Registration Rights Agreement Schedule 1 Subsidiaries Schedule 1A Existing Permitted Indebtedness Schedule 1B Existing Permitted Investments Schedule 1C 1 C Existing Permitted Liens Schedule 5.3 Consents, Etc. Schedule 5.5 Actions Before Governmental Authorities Schedule 5.8 Tax Matters Schedule 5.9 Intellectual Property Claims Schedule 5.10 Intellectual Property Schedule 5.11 Borrower Products Schedule 5.14 Capitalization and Subsidiaries Schedule 7.14 Deposit Accounts To: Lender: Date: , 20 Hercules Technology Growth Capital, Inc. 000 Xxxxxxxx Xxxxxx, Suite 310 Palo Alto, CA 94301 Facsimile: 000-000-0000 Attn: Infologix, Inc., on behalf of itself and InfoLogix Systems Corporation, Embedded Technologies, LLC, Opt Acquisition LLC and InfoLogix-DDMS, Inc. (collectively, the “Borrowers”) hereby request from Hercules Technology Growth Capital, Inc. (“Lender”) [a [[]Revolving Loan Advance] [an Equipment Term Loan Advance] in the amount of Dollars ($ ) on , 20 (the “Advance Date”) )[ pursuant to the], [which is at least two (2) Business Days following the date hereof for any Revolving Loan Advance] [which is at least two (2) Business Days following the date hereof for any Equipment Term Loan Advance], pursuant to the Amended and Restated Loan and Security Agreement, dated as of November 20, 2009 among Borrowers and Lender (as amended and in effect from time to time, the “Agreement”). Capitalized words and other terms used but not otherwise defined herein are used with the same meanings as defined in the Agreement. Please: Issue a check payable to Parent Borrower or Wire Funds to Parent Borrower’s account Bank: Address: ABA Number: Account Number: Account Name: With respect to any Equipment Term Loan Advance, wire Funds to the account of [Name of Equipment Supplier]: [Each][(Other than the continuation of the Specified Anticipatory Defaults and the Specified Events of Default, each as defined in the First Amendment),](1) each Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date (other than to the extent that any representation and warranty is already qualified by materiality, in which case, such representation and warranty shall be true and correct as of such date) with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that each Borrower is in compliance in all material respects with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Each Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable discretion, Lender may decline to fund the requested Advance. Each Borrower hereby represents that no Borrower’s corporate and limited liability company status and locations have changed since the date of this Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWERS: INFOLOGIX, INC., ON BEHALF OF ITSELF AND INFOLOGIX SYSTEMS CORPORATION OPT ACQUISITION LLC EMBEDDED TECHNOLOGIES, LLC INFOLOGIX — DDMS, INC. By: Print Name: Title:
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