Termination of Commitment to Lend. Bank’s obligation to lend the undisbursed portion of the Obligations will terminate if, in Bank’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 Bank prior to the execution of this Agreement.
Appears in 6 contracts
Samples: Loan and Security Agreement (Drugstore Com Inc), Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Smart Move, Inc.)
Termination of Commitment to Lend. Bank’s obligation to lend the undisbursed portion of the Obligations will terminate if, in Bank’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 Bank prior to the execution of this AgreementMaterial Adverse Change.
Appears in 4 contracts
Samples: Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Omniture, Inc.), Loan and Security Agreement (Zars Inc/Ut)
Termination of Commitment to Lend. Bank’s 's obligation to lend the undisbursed portion of the Obligations will terminate if, in Bank’s '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 Bank prior to the execution of this Agreement.
Appears in 4 contracts
Samples: Loan and Security Agreement (Intrabiotics Pharmaceuticals Inc /De), Loan and Security Agreement (Vixel Corp), Loan and Security Agreement (Mitokor)
Termination of Commitment to Lend. Bank’s 's obligation to lend the undisbursed portion of the Obligations will terminate if, in Bank’s '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 Bank prior to the execution of this AgreementMaterial Adverse Change.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ramtron International Corp), Loan and Security Agreement (Ramtron International Corp)
Termination of Commitment to Lend. Bank’s 's obligation to lend the undisbursed portion of the Obligations will terminate if, in Bank’s 's sole discretion, there has been a material adverse change in the general affairs, management, results of operation, operation or condition (financial or otherwise) of Borrower or in 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 Bank prior to the execution of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Limelight Networks, Inc.)
Termination of Commitment to Lend. Bank’s obligation to lend the undisbursed portion of the Obligations will credit amount to Borrower shall terminate if, in the Bank’s sole discretion, there has been a material adverse change in the general affairs, management, results of operationoperations, condition (financial or otherwise) or prospects of Borrower, whether or not arising from transactions in the prospect ordinary course of repayment of the Obligationsbusiness, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Bank prior to the execution of this Agreementagreement.
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