Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretion, there has been a Material Adverse Change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp), Loan and Security Agreement (LendingClub Corp)
Termination of Commitment to Lend. Each Lender’s 's obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s 's sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.
Appears in 3 contracts
Samples: Term Loan and Security Agreement (A123 Systems Inc), Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems, Inc.)
Termination of Commitment to Lend. Each Lender’s 's obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s 's sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement."
Appears in 2 contracts
Samples: Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems, Inc.)
Termination of Commitment to Lend. Each Lender’s 's obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s 's sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from ." and inserting in lieu thereof the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.following:
Appears in 2 contracts
Samples: Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems, Inc.)
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretiondiscretion made in good faith, there has been a Material Adverse Change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this AgreementChange.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cadence Pharmaceuticals Inc), Loan and Security Agreement (Cadence Pharmaceuticals Inc)
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (3PAR Inc.), Loan and Security Agreement (Acclarent Inc)
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.”
Appears in 1 contract
Samples: Term Loan and Security Agreement (A123 Systems, Inc.)
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from .” and inserting in lieu thereof the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.following:
Appears in 1 contract
Samples: Term Loan and Security Agreement (A123 Systems, Inc.)
Termination of Commitment to Lend. Each Lender’s 's obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s 's sole discretiondiscretion made in good faith, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) of Borrower or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent Lenders prior to the execution of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (SGX Pharmaceuticals, Inc.)
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretiongood faith business judgment, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.
Appears in 1 contract
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretiondiscretion made in good faith, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) of Borrower or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent Lenders prior to the execution of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (TorreyPines Therapeutics, Inc.)
Termination of Commitment to Lend. (a) Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operationoperations, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.
Appears in 1 contract
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall terminate if, in such Lender’s sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent prior to the execution of this Agreement.
Appears in 1 contract
Samples: Term Loan and Security Agreement (A123 Systems, Inc.)
Termination of Commitment to Lend. Each Lender’s obligation to lend the undisbursed portion of the Obligations shall Committed Line will terminate if, in such Lender’s sole discretion, there has been a Material Adverse Change material adverse change in the general affairs, management, results of operation, operation or condition (financial or otherwise) of Borrower or the prospect of repayment of the Obligations, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Administrative Agent Lender prior to the execution of this Agreement.
Appears in 1 contract