ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 18 contracts
Samples: Warrant Agreement (Flycast Communications Corp), Warrant Agreement (Iown Holdings Inc), Subordinated Loan and Security Agreement (Agile Software Corp)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior CreditorDocuments.
Appears in 6 contracts
Samples: Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Align Technology Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 6 contracts
Samples: Subordinated Loan and Security Agreement (First Virtual Corp), Subordinated Loan and Security Agreement (BMJ Medical Management Inc), Agreement (Nextcard Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a material default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 2 contracts
Samples: Subordinated Loan and Security Agreement (Adesso Healthcare Technology Services Inc), Subordinated Loan and Security Agreement (Battery Express Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, as applicable, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a material default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Handspring Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the and each Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Net Genesis Corp)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents between Borrower and Senior Creditor.or
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Acusphere Inc)
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under an Event of Default as defined in the Senior Loan Documents Documents, between Borrower and Senior Creditor.
Appears in 1 contract
ABSENCE OF EVENTS OF DEFAULTS. As of the Closing Date or the Advance Date, no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under this Agreement or any of the Loan Documents and no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute a default under the Senior Loan Documents Agreement between Borrower and Senior Creditor.
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Information Advantage Software Inc)
