Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 4 contracts
Samples: Loan and Security Agreement (Pilot Network Services Inc), Loan and Security Agreement (Cobalt Group Inc), Loan and Security Agreement (Inventa Technologies Inc)
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock GC in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 3 contracts
Samples: Loan and Security Agreement (Prime Response Inc/De), Loan and Security Agreement (Prime Response Group Inc/De), Loan and Security Agreement (Witness Systems Inc)
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Software Technologies Corp/), Loan and Security Agreement (Software Technologies Corp/)
Year 2000 Compliance. The Borrower Debtor has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Debtor or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower Debtor reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower Debtor will promptly notify Greyrock GC in the event the Borrower Debtor discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 2 contracts
Samples: Security Agreement (Prime Response Group Inc/De), Security Agreement (Prime Response Inc/De)
Year 2000 Compliance. The Except as disclosed on Schedule 6.24, the Borrower has (i) initiated completed a review and assessment of all areas within its the business and operations of the Borrower and each of its subsidiaries' business and operations Subsidiaries other than Exempted Subsidiaries (including those areas affected by suppliers and vendors) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by the Borrower it or any of its subsidiaries Subsidiaries other than Exempted Subsidiaries (or its their respective suppliers and vendors) may be unable to properly recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, basis and (iii) to date, implemented that such plan in accordance with that such timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its the business or operations of the Borrower or any of its subsidiaries' business and operations Subsidiaries other than Exempted Subsidiaries will on a timely basis be able to properly perform properly date-sensitive functions for all dates before and from and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effectMaterial Adverse Effect.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (United States Marine Repair Inc)
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be materially adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Digital Microwave Corp /De/)
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a such failure to do so could not reasonably be expected to have a material adverse effect. The Borrower will promptly notify Greyrock GC in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 1 contract
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiariesAffiliates' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that isthat, the risk that computer applications used by the Borrower or any of its subsidiaries Affiliates (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiariesAffiliates' business and operations will on a timely basis be able to perform properly date-date- sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a material adverse effecteffect on Borrower or the Property. The Borrower will promptly notify Greyrock Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiariesAffiliates' business and operations will not be Year 2000 compliant Compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 1 contract
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' Subsidiaries’ business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "“Year 2000 Problem" ” (that is, the risk that computer applications used by the Borrower or any of its subsidiaries Subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 199931,1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' Subsidiaries’ business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "“Year 2000 compliant"”), except to the extent that a failure to do so could not reasonably be expected to have material adverse effectMaterial Adverse Effect. The Borrower will promptly notify Greyrock the Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' or any of its Subsidiaries’ business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such a failure could not reasonably be expected to have a material adverse effect.Material Adverse Effect
Appears in 1 contract
Samples: Loan Agreement (Comstock Homebuilding Companies, Inc.)
Year 2000 Compliance. The Borrower represents that it has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business businesses and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its their suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, basis and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that the Borrower reasonably believes a failure to do so could will not reasonably be expected have a Material Adverse Effect on its business, financial condition, or ability to have material adverse effectrepay the Loans. The Borrower further represents that it will promptly notify Greyrock the Bank in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business businesses and operations will not be Year 2000 compliant on a timely basis, except to the extent that the Borrower reasonably believes such failure could will not reasonably be expected to have a material adverse effectMaterial Adverse Effect on its business, financial condition or ability to repay the Loans.
Appears in 1 contract
Samples: Loan Agreement (Blue Rhino Corp)
Year 2000 Compliance. The Borrower represents that it has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business businesses and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its their suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, basis and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that the Borrower reasonably believes a failure to do so could will not reasonably be expected to have a material adverse effecteffect on its business, financial condition, or ability to repay the Loans. The Borrower further represents that it will promptly notify Greyrock the Bank in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' business businesses and operations will not be Year 2000 compliant on a timely basis, except to the extent that the Borrower believes such failure could will not reasonably be expected to have a material adverse effecteffect on its business, financial condition or ability to repay the Loans.
Appears in 1 contract
Samples: Loan Agreement (Blue Rhino Corp)
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiaries' business and operations (including those affected by suppliers supplier and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a material adverse effecteffect on Borrower or its subsidiaries. The Borrower will promptly notify Greyrock Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers supplier and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effecteffect on Borrower or its subsidiaries.
Appears in 1 contract
Samples: Loan Agreement and Security Agreement (Elcotel Inc)
Year 2000 Compliance. The Borrower Guarantor has (i) initiated a review areview and assessment of all areas within its and each of its subsidiariesSubsidiaries' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Guarantor or any of its subsidiaries Subsidiaries (or its suppliers and vendors) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower Guarantor reasonably believes that all computer applications (including those of its suppliers the Companies and vendors) their Subsidiaries that are material to its or any of its subsidiariesSubsidiaries' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have material adverse effectMaterial Adverse Effect. The Borrower will promptly notify Greyrock in the event the Borrower discovers or determines Guarantor is not actually aware that any computer application (including those applications of its vendors and suppliers and vendors) that is material to its or any of its subsidiaries' business and operations will not be Year 2000 compliant on a timely basiscompliant, except to the extent that such a failure to do so could not reasonably be expected to have a material adverse effectMaterial Adverse Effect.
Appears in 1 contract
Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its subsidiariesAffiliates' business and operations (including those affected by suppliers and vendors) that could be adversely affected by the "Year 2000 Problem" (that isthat, the risk that computer applications used by the Borrower or any of its subsidiaries Affiliates (or its suppliers and vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. The Borrower reasonably believes that all computer computers applications (including those of its suppliers and vendors) that are material to its or any of its subsidiariesAffiliates' business and operations will on a timely basis be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 1,2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a material adverse effecteffect on Borrower or the Property. The Borrower will promptly notify Greyrock Lender in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiariesAffiliates' business and operations will not be Year 2000 compliant Compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 1 contract
Year 2000 Compliance. The Borrower has has: (ia) initiated a review and assessment of all areas within its and each of its subsidiaries' the business and operations (including those affected by suppliers and vendors) of Borrower and each subsidiary and affiliate that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its subsidiaries (subsidiary or its affiliate [or suppliers and or vendors) ] may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to to, on and any date after December 31, 1999), ; (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, ; and (iiic) to date, date implemented that plan in accordance with that timetable. The Borrower reasonably believes represents that all computer applications (including those of its suppliers and vendors) that are material to its or any of its subsidiaries' the business and operations of Borrower or any subsidiary or affiliate will on a timely basis basis, be able to perform properly date-date sensitive functions for all dates before before, on and after January 1, 2000 (that is, be "Year 2000 compliant")2000, except to the extent that a failure to do so could not reasonably be expected to have a material adverse effect. The Borrower will shall promptly notify Greyrock Bank in the event the Borrower discovers or determines that any computer application (including those of its suppliers and vendors) that is material to its or any of its subsidiaries' the business and operations of Borrower or any subsidiary or affiliate will not be Year 2000 compliant on a timely basis, except to the extent that such failure could not reasonably be expected to have a material adverse effect.
Appears in 1 contract
Samples: Firm Inventory Credit Agreement (Empire Financial Holding Co)