Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at Lender’s sole election, the occurrence of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in Lender’s sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before the date of this Agreement.
Appears in 3 contracts
Samples: Venture Loan and Security Agreement (Enphase Energy, Inc.), Venture Loan and Security Agreement (Enphase Energy, Inc.), Venture Loan and Security Agreement (Enphase Energy, Inc.)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at the Lender’s 's sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in Lender’s 's sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before and not disapproved by Lender, since the date of this Agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Alnylam Pharmaceuticals Inc), Loan and Security Agreement (Skystream Networks Inc), Loan and Security Agreement (Vnus Medical Technologies Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s 's obligation to lend the undisbursed portion of the Commitment Credit Amount to Borrower hereunder shall terminate on the earlier of (i) at the Lender’s 's sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s 's obligation to lend the undisbursed portion of the Commitment Credit Amount to Borrower shall terminate if, in Lender’s 's sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before and not disapproved by Lender, since the date of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Array Biopharma Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s 's obligation to lend the undisbursed portion of the such Lender's Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at Lender’s the Requisite Lenders' sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, each Lender’s 's obligation to lend the undisbursed portion of the such Lender's Commitment Amount to Borrower shall terminate if, in Lender’s Requisite Lenders' sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before and not disapproved by Requisite Lenders, since the date of this Agreement.
Appears in 1 contract
Samples: Landlord Agreement (Colo Com)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at the Lender’s sole election, the occurrence and continuance of any Default or Event of Default hereunder, and or (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in Lender’s sole judgment, there has been a material adverse change in the general affairs, management, results of operations, or condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to and not disapproved by Lender on or before (a “Material Adverse Change”), since the date of this Agreement.Amendment 02. In Section 2.4, “Amortization of Principal and Interest, Interim Payment, Final Payment,” the following sections shall be amended and restated in their entirety to read:
Appears in 1 contract
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s obligation to lend the undisbursed portion of the Lender’s Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at Lender’s sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s obligation to lend the undisbursed portion of the Lender’s Commitment Amount to Borrower shall terminate if, in Lender’s sole judgmentjudgment made in good faith, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before the date of this Agreement.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Renovis Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s obligation to lend the undisbursed portion of the such Lender’s Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at Lender’s the Lenders’ sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, each Lender’s obligation to lend the undisbursed portion of the such Lender’s Commitment Amount to Borrower shall terminate if, in Lender’s Lenders’ sole judgmentjudgment made in good faith, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender Lenders on or before the date of this Agreement.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Renovis Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s obligation to lend the undisbursed portion of the such Lender’s Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at each Lender’s sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, each Lender’s obligation to lend the undisbursed portion of the such Lender’s Commitment Amount to Borrower shall terminate if, in such Lender’s sole judgmentjudgment made in good faith, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender Lenders on or before the date of this Agreement.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Renovis Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at Lender’s 's sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in Lender’s 's sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before the date of this Agreement.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Isilon Systems, Inc.)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at the Lender’s 's sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in Lender’s 's sole reasonable judgment, there has been a material adverse change in the general affairs, management, results of operations, operations or condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before and not disapproved by Lender, since the date of this Agreement.
Appears in 1 contract
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s 's obligation to lend the undisbursed portion of the such Lender's Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at such Lender’s 's sole election, the occurrence of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, each Lender’s 's obligation to lend the undisbursed portion of the such Lender's Commitment Amount to Borrower shall terminate if, in such Lender’s 's sole judgment, there has been a material adverse change in the general affairs, management, results of operations, operations or condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender Lenders on or before the date of this Agreement.. Each Lender shall provide Borrower written notice of such
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Egenera, Inc.)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at the Lender’s sole election, the occurrence and continuance of any Default or Event of Default hereunder, and or (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in Lender’s sole judgment, there has been a material adverse change in the general affairs, management, results of operations, management or financial condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to and not disapproved by Lender on or before (a “Material Adverse Change”), since the date of this Agreement.
Appears in 1 contract
Samples: Patent Mortgage and Security Agreement (Hemosense Inc)
Termination of Commitment to Lend. Notwithstanding anything --------------------------------- in the Loan Documents, Lender’s Lenders' obligation to lend the undisbursed portion of the Commitment Credit Amount to Borrower hereunder shall terminate on the earlier of (i) at Lender’s the Lenders' sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s Lenders' obligation to lend the undisbursed portion of the Commitment Credit Amount to Borrower shall terminate if, in Lender’s Lenders' sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before and not disapproved by Lenders, since the date of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at the Lender’s sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the applicable Commitment Termination Date. Notwithstanding the foregoing, Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in Lender’s sole but good faith judgment, there has been a material adverse change in the general affairs, management, results of operations, or financial condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the business plan of Borrower presented to Lender on or before and not disapproved by Lender, since the date of this Agreement.
Appears in 1 contract