Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at each Lender’s sole election, the occurrence of any Default or Event of Default hereunder, and (ii) the Commitment Termination Date. Notwithstanding the foregoing, each Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in such Lender’s commercially reasonable judgment, there has been a material adverse change in the general affairs, management, results of operations, or financial condition 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 Lenders on or before the date of this Agreement.
Appears in 3 contracts
Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Ambit Biosciences Corp), Venture Loan and Security Agreement (Ambit Biosciences Corp)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at each Lender’s sole election, the occurrence of any Default or Event of Default hereunder, and (ii) the Commitment Termination Date. Notwithstanding the foregoing, each Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in such Lender’s commercially reasonable sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or financial condition 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 Lenders Lender on or before the date of this Agreement.
Appears in 2 contracts
Samples: Venture Loan and Security Agreement (eXegenics Inc), Venture Loan and Security Agreement (Cryocor Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s Lenders’ obligation to lend the undisbursed portion of the any Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at each Lender’s Lenders’ sole election, the occurrence of any Default or Event of Default hereunderhereunder which has not been waived in writing by Lenders, and (ii) the Commitment Termination DateDate for such Commitment Amount. Notwithstanding the foregoing, each Lender’s Lenders’ obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in such Lender’s commercially Lenders’ reasonable judgment, there has been a material adverse change in the general affairs, management, results of operations, operations or condition (financial condition or otherwise) 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 Lenders on or before the date of this Agreement.
Appears in 2 contracts
Samples: Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s 's obligation to lend the undisbursed portion of the its Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at each such Lender’s 's sole election, the occurrence of any Default or Event of Default hereunder, and (ii) the Commitment Termination Date. Notwithstanding the foregoing, each Lender’s 's obligation to lend the undisbursed portion of the its Commitment Amount to Borrower shall terminate if, in such Lender’s commercially reasonable 's sole judgment, acting reasonably, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or financial condition 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 Lenders Lender on or before the date of this Agreement.
Appears in 2 contracts
Samples: Venture Loan and Security Agreement (Activbiotics Inc), Venture Loan and Security Agreement (Activbiotics Inc)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at each Lender’s 's sole election, the occurrence and continuance of any Default or Event of Default hereunder, and (ii) the Commitment Termination Date. Notwithstanding the foregoing, each Lender’s 's obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in such Lender’s commercially reasonable 's sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or financial condition 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 Lenders 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, each Lender’s obligation to lend the undisbursed portion of the its Commitment Amount to Borrower hereunder shall terminate on the earlier of (i) at each Lender’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 obligation to lend the undisbursed portion of the Commitment Amount to Borrower shall terminate if, in such Lender’s commercially reasonable Lenders’ sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or financial condition 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 Lenders on or before the date of this Agreement.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Northstar Neuroscience, Inc.)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower Borrowers hereunder shall terminate on the earlier of (i) at each Lender’s sole election, the occurrence of any Default or Event of Default hereunder, and (ii) the Commitment Termination Date. Notwithstanding the foregoing, each Lender’s obligation to lend the undisbursed portion of the Commitment Amount to Borrower Borrowers shall terminate if, in such Lender’s commercially reasonable sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or financial condition otherwise) or prospects of BorrowerBorrowers, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower Borrowers from the business plan of Borrower Borrowers presented to Lenders Lender on or before the date of this Agreement.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)
Termination of Commitment to Lend. Notwithstanding anything in the Loan Documents, each Lender’s 's obligation to lend the undisbursed portion of the Commitment Credit Amount to Borrower hereunder shall terminate on the earlier of (i1) at each Lender’s 's sole election, the occurrence of any Default or Event of Default hereunder, and (ii), except as provided in Section 2.1 (a) above, the Commitment Termination Date. Notwithstanding the foregoing, each Lender’s 's obligation to lend the undisbursed portion of the Commitment Credit Amount to Borrower shall terminate if, in such Lender’s commercially reasonable 's sole judgment, there has been a material adverse change in the general affairs, management, results of operations, condition (financial or financial condition 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 Lenders Lender on or before the date of this Agreement.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Nuvasive Inc)