Common use of Taxes; Pensions Clause in Contracts

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 138 contracts

Samples: Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Couchbase, Inc.)

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Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 66 contracts

Samples: Loan and Security Agreement (Impel Neuropharma Inc), Loan and Security Agreement (Millendo Therapeutics, Inc.), Loan and Security Agreement (Sutro Biopharma, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 42 contracts

Samples: Loan and Security Agreement (Homology Medicines, Inc.), Loan and Security Agreement (HTG Molecular Diagnostics, Inc), Loan and Security Agreement (Phreesia, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 18 contracts

Samples: Loan and Security Agreement (Zeltiq Aesthetics Inc), Loan and Security Agreement (Axcelis Technologies Inc), Loan and Security Agreement (Ocz Technology Group Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 13 contracts

Samples: Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Nupathe Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefor and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 9 contracts

Samples: Loan and Security Agreement (Medallia, Inc.), Loan and Security Agreement (Medallia, Inc.), Loan and Security Agreement (Adaptive Insights Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and each Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 8 contracts

Samples: Loan and Security Agreement (Celcuity Inc.), Loan and Security Agreement (Rockwell Medical, Inc.), Loan and Security Agreement (MDxHealth SA)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 7 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Impinj Inc), Loan and Security Agreement (TrueCar, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested and pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 6 contracts

Samples: Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Loan and Security Agreement (Health Catalyst, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, promptly on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 5 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.7 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co), Subordinate Loan and Security Agreement (S&W Seed Co)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, provincial, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested or otherwise permitted pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Weave Communications, Inc.), Loan and Security Agreement (Weave Communications, Inc.), Loan and Security Agreement (Weave Communications, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demandits reasonable request, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc Inc), Loan Modification Agreement (Enernoc Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Avalara Inc), Loan and Security Agreement (Vericel Corp)

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.8, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Interpace Biosciences, Inc.), Mezzanine Loan and Security Agreement (BigCommerce Holdings, Inc.), Loan Agreement (Workhorse Group Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.10 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Phreesia, Inc.), Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Force10 Networks Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax Tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federalfederal and state Taxes, state and all material local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall ; deliver to BankCollateral Agent and the Lenders, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 4 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Fate Therapeutics Inc), Loan and Security Agreement (Fate Therapeutics Inc), Loan and Security Agreement (Advanced BioHealing Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 4 contracts

Samples: Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Eidos Therapeutics, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 4 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to in accordance with the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.10 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Virage Logic Corp), Loan and Security Agreement (Trubion Pharmaceuticals, Inc), Loan and Security Agreement (Glu Mobile Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Anacor Pharmaceuticals, Inc.), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Supernus Pharmaceuticals Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, as applicable, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Ardelyx, Inc.), Loan and Security Agreement (Achaogen Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (CVRx, Inc.), Loan and Security Agreement (Restoration Robotics, Inc.), Loan and Security Agreement (T2 Biosystems, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall ; deliver to BankLenders, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all material liabilities under any present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Visterra, Inc.), Loan and Security Agreement (Visterra, Inc.), Loan and Security Agreement (Pacira Pharmaceuticals, Inc.)

Taxes; Pensions. Timely Borrower shall timely file, and require cause each of its Subsidiaries to timely file, all required tax returns Tax Returns and reports and timely pay, and require cause each of its Subsidiaries to timely pay, all foreign, federal, state and local taxesall other Taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, in each case except for deferred payment of any taxes contested as permitted pursuant to the terms of Section 5.9 4.9 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions thereof and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Cytokinetics Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefor and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, provincial and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Sophiris Bio Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on written demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vitae Pharmaceuticals, Inc), Loan and Security Agreement (Vitae Pharmaceuticals, Inc), Loan and Security Agreement (Vitae Pharmaceuticals, Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement, Mezzanine Loan and Security Agreement (Impinj Inc), Mezzanine Loan and Security Agreement (Impinj Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on promptly upon demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc)

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.9, and shall deliver to BankAdministrative Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 3 contracts

Samples: Loan and Security Agreement (Alto Neuroscience, Inc.), Loan and Security Agreement (Alto Neuroscience, Inc.), Loan and Security Agreement (Molecular Templates, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required federal and other material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all federal, foreign, federalstate, state and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 3 contracts

Samples: Loan and Security Agreement (Syndax Pharmaceuticals Inc), Loan and Security Agreement (Syndax Pharmaceuticals Inc), Loan and Security Agreement (Syndax Pharmaceuticals Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Inspire Medical Systems, Inc.), Loan and Security Agreement (Inspire Medical Systems, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, respectively, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on promptly upon demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Durect Corp), Loan and Security Agreement (Durect Corp)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Axonics, Inc.), Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankAgent or any Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, pay all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Reval Holdings Inc), Loan and Security Agreement (Drugstore Com Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by each Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Internet Brands, Inc.), Loan and Security Agreement (Relm Wireless Corp)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Aspen Group, Inc.)

Taxes; Pensions. Timely file, and require each of its their Subsidiaries to timely file, all material required tax returns and reports and timely pay, and require each of its their Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by a Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested in each case, as otherwise permitted pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (10x Genomics, Inc.), Loan and Security Agreement (10X Genomics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions thereof and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Avidity Biosciences, Inc.), Loan and Security Agreement (Avidity Biosciences, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and Innovatus, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely filefile (or obtain timely extensions therefor), all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of Issuer or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.13 hereof, and shall ; deliver to Bankthe Purchasers, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Note Purchase Agreement (Senseonics Holdings, Inc.), Note Purchase and Exchange Agreement (Senseonics Holdings, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, pay all foreign, provincial, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan Modification Agreement (Eloqua, Inc.), Loan and Security Agreement (Eloqua, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bankthe Lenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each any Credit Party or any of its their Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all material liabilities under any present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Durata Therapeutics, Inc.), Loan and Security Agreement (Durata Therapeutics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by a Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower Borrower, and each of its Borrower’s Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Achaogen Inc), Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Comarco Inc), Loan and Security Agreement (Cardiovascular Systems Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely filefile (or obtain timely extensions therefor), all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of Holdings or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.10 hereof, and shall ; deliver to Bankthe Lenders, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Gamida Cell Ltd.), Loan and Security Agreement (Senseonics Holdings, Inc.)

Taxes; Pensions. Timely file, and require each of its their Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by a Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)

Taxes; Pensions. Timely file, and require each of its their Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its their Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower Borrowers and each of its their Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intellicheck Mobilisa, Inc.), Loan and Security Agreement (Derycz Scientific Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.6, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Agreement (RMG Networks Holding Corp), Loan and Security Agreement (RMG Networks Holding Corp)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankAgent, promptly on demand, appropriate certificates attesting to such payments, and pay all material amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc)

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Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on written demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Workiva LLC), Loan and Security Agreement (Workiva LLC)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demandwithin five (5) days, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms, except as would not reasonably be expected to result in any liability to Borrower in an amount in excess of $100,000.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, provincial, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, pay all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all federal, material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan and Security Agreement (Evoke Pharma Inc), Loan and Security Agreement (Evoke Pharma Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on after written demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Mezzanine Loan and Security Agreement (Ooma Inc), Mezzanine Loan and Security Agreement (Ooma Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely file and pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 2 contracts

Samples: Loan Modification Agreement (PTC Therapeutics, Inc.), Loan Modification Agreement (PTC Therapeutics, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefore and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 2 contracts

Samples: Loan and Security Agreement (Auspex Pharmaceuticals, Inc.), Loan and Security Agreement (Auspex Pharmaceuticals, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested or otherwise permitted pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms, except as otherwise permitted pursuant to the terms of Section 5.9 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Sagent Pharmaceuticals, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bankthe Lenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Transgenomic Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports reports, and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxesTaxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall ; deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, ; and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and each Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanosphere Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower Debtor and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 2.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Security Agreement (Akebia Therapeutics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, provincial, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Lantronix Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all material required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Extend Health Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefor and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and material local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

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

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports or extensions therefor and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, provincial and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Sophiris Bio Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material foreign and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and each Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Bionano Genomics, Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, promptly on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Paratek Pharmaceuticals Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankQLT, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Aegerion Pharmaceuticals, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required federal and material tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Hyperion Therapeutics Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports reports, or extensions therefor, and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Aviragen Therapeutics, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on reasonable demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan Modification Agreement (Imprivata Inc)

Taxes; Pensions. Timely file, and require cause each of its Subsidiaries to timely file, all required material tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower such Loan Party and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof5.9, and shall deliver to BankAdministrative Agent, promptly on demand, appropriate certificates attesting to such payments, and shall pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.. 6.5

Appears in 1 contract

Samples: Loan and Security Agreement (Acumen Pharmaceuticals, Inc.)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Betawave Corp.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower Borrower, and each of its Borrower’s Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates of Borrower attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Chyron Corp)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all material required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all material foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

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

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Ardea Biosciences, Inc./De)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports (or extensions thereof) and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by such Borrower and each of its Subsidiaries, in each case except for deferred payment of any taxes contested pursuant to the terms of extent provided for in Section 5.9 5.8 hereof, and shall deliver to BankLender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Zovio Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent and each Lender, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Aratana Therapeutics, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Nanosphere Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms. [****] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to omitted portions.

Appears in 1 contract

Samples: Loan and Security Agreement (Stemcells Inc)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely filefile (or obtain timely extensions therefor), all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of or its Subsidiaries, except for deferred payment of any taxes contested as otherwise permitted pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their termsthe terms of such plans.

Appears in 1 contract

Samples: Loan and Security Agreement (Scynexis Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to Bank, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.. 6.6

Appears in 1 contract

Samples: Loan and Security Agreement (Lojack Corp)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankLenders, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.)

Taxes; Pensions. Timely file, file and require each of its Subsidiaries to timely file, all required tax returns and reports and timely pay, and require each of its Subsidiaries to timely payfile, all foreign, federal, state state, and local taxes, assessments, deposits and contributions owed owned by Borrower and each of its Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 5.8 hereof, and shall deliver to BankCollateral Agent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.

Appears in 1 contract

Samples: Loan and Security Agreement (Complete Genomics Inc)

Taxes; Pensions. Timely file, and require each of its Subsidiaries to timely file, all required tax returns and reports (or extensions therefore) and timely pay, and require each of its Subsidiaries to timely pay, all foreign, federal, state and material local taxes, assessments, deposits and contributions owed by Borrower Obligors and each of its their Subsidiaries, except for deferred payment of any taxes contested pursuant to the terms of Section 5.9 hereof, and shall deliver to BankAgent, on demand, appropriate certificates attesting to such payments, and pay all amounts necessary to fund all present pension, profit sharing and deferred compensation plans in accordance with their terms.. 6.6

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

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