Common use of Account Number Clause in Contracts

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s corporate or limited liability company status and locations have changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________], 20[__]. BORROWER: UNIFY CORPORATION Print Name: Title:

Appears in 2 contracts

Samples: Loan and Security Agreement (Unify Corp), Loan and Security Agreement (Daegis Inc.)

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Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) No Material Adverse Effect has occurred and is continuing; (iii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iiiiv) that Borrower and each Guarantor is in compliance in all material respects with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (ivv) that as of the Advance Date, no fact or condition exists that would constitutes (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default under the Loan Documents. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested AdvanceAdvance if such representation is not true and correct in all material respects. Borrower hereby represents that neither Borrower’s nor any Guarantor’s corporate or limited liability company status and locations the information described in Exhibit C to the Loan Agreement have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________], 20[__]201 . BORROWER: UNIFY CORPORATION Print NameCONCERT PHARMACEUTICALS, INC. SIGNATURE: TitleTITLE: PRINT NAME:

Appears in 2 contracts

Samples: Loan and Security Agreement (Concert Pharmaceuticals, Inc.), Loan and Security Agreement (Concert Pharmaceuticals, Inc.)

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement and in the Warrant are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender Agent has the right to review the financial information supporting this representation and, based upon such review in its reasonable discretionbusiness judgment, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s 's corporate or limited liability company status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Advance Date and if Lender Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________]August , 20[__]2014. BORROWER: UNIFY CORPORATION Print NameCERECOR INC. SIGNATURE: TitleTITLE: PRINT NAME:

Appears in 2 contracts

Samples: Loan and Security Agreement (Cerecor Inc.), Loan and Security Agreement (Cerecor Inc.)

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s 's corporate or limited liability company status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________[ ], 20[__]20XX. BORROWER: UNIFY CORPORATION Print NameINSERT BORROWER LEGAL NAME● SIGNATURE: TitleTITLE: PRINT NAME:

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event circumstance has occurred that has had or would reasonably be expected to have a Material Adverse Effect has occurred and is continuingEffect; (ii) that the representations and warranties set forth in the Agreement and in the Warrant are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s corporate or limited liability company status and locations have not changed since the date of the this Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Portions of this Exhibit were omitted, as indicated by [****], and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. Executed as of [____________________________], 20[__]20 . BORROWER: UNIFY CORPORATION Print NamePANACOS PHARMACEUTICALS, INC. SIGNATURE: Title:TITLE: Chief Executive Officer or Chief Financial Officer PRINT NAME: Portions of this Exhibit were omitted, as indicated by [****], and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934.

Appears in 1 contract

Samples: Loan and Security Agreement (Panacos Pharmaceuticals, Inc.)

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender Agent has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s corporate or limited liability company status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________[ ], 20[__]2014. BORROWER: UNIFY CORPORATION Print NameCelladon Corporation SIGNATURE: TitleTITLE: PRINT NAME:

Appears in 1 contract

Samples: Loan and Security Agreement (Celladon Corp)

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement and in the Warrant are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s corporate or limited liability company status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________], 20[__]20 . BORROWER: UNIFY CORPORATION Print NameAcelRx Pharmaceuticals, Inc. SIGNATURE: TitleTITLE: PRINT NAME:

Appears in 1 contract

Samples: Loan and Security Agreement (Acelrx Pharmaceuticals Inc)

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Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would could reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement and in the Warrant are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document and the Warrant on its part to be observed or performed; and (iv) that as of 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 the Loan DocumentsDocuments or Warrant. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested Advance. Zosano Pharma, Inc. LSA Borrower hereby represents that neither Borrower’s nor any Guarantor’s corporate or limited liability company status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Advance Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________]June 3, 20[__]2014. BORROWER: UNIFY CORPORATION Print Zosano Pharma, Inc. SIGNATURE: TITLE: PRINT NAME: Zosano Pharma, Inc. LSA ATTACHMENT TO ADVANCE REQUEST Dated: June 3, 2014 Borrower hereby represents and warrants to Lender that Borrower’s current name and organizational status is as follows: Name: Zosano Pharma, Inc. Type of organization: Corporation State of organization: Delaware Organization file number: 4105696 Borrower hereby represents and warrants to Lender that xxx xxxxxx xxxxxxxxx, xxxxxx, xxxxxx and postal codes of its current locations are as follows: Zosano Pharma, Inc. LSA EXHIBIT B SECURED TERM PROMISSORY NOTE $4,000,000 Advance Date: June 3, 2014 FOR VALUE RECEIVED, Zosano Pharma, Inc., a Delaware corporation, for itself and each of its Domestic Subsidiaries (the “Borrower”), hereby promises to pay to the order of Hercules Technology Growth Capital, Inc., a Maryland corporation, or the holder of this Secured Term Promissory Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of Four Million Dollars ($4,000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a floating rate equal to the Term Loan Interest Rate, with interest computed daily based on the actual number of days in each month. This Note is one of the Notes referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated June 3, 2014 by and between Borrower and Lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. An Event of Default under the Loan Agreement shall constitute a default under this Note. Borrower waives presentment and demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Note without setoff, recoupment or deduction and regardless of any counterclaim or defense. This Note has been negotiated and delivered to Lender and is payable in the State of California. This Note shall be governed by and construed and enforced in accordance with, the laws of the State of California, excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. BORROWER FOR ITSELF AND ON BEHALF OF ITS DOMESTIC SUBSIDIARIES: Zosano Pharma, Inc. By: Title:: Zosano Pharma, Inc. LSA EXHIBIT C NAME, LOCATIONS, AND OTHER INFORMATION FOR BORROWER

Appears in 1 contract

Samples: Joinder Agreement (Zosano Pharma Corp)

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance in all material respects with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender Agent has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s corporate or limited liability company status and locations have not changed since the date of the Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________[ ], 20[__]2015. BORROWER: UNIFY CORPORATION Print NameCERULEAN PHARMA INC. SIGNATURE: TitleTITLE: PRINT NAME:

Appears in 1 contract

Samples: Loan and Security Agreement (Cerulean Pharma Inc.)

Account Number. Account Name: Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement and in the Warrant are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that Borrower and each Guarantor is in compliance with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable sole discretion, Lender may decline to fund the requested Advance. Borrower hereby represents that neither Borrower’s nor any Guarantor’s 's corporate or limited liability company status and locations have not changed since the date of the this Agreement orof, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Advance Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________], 20[__]2006. BORROWER: UNIFY CORPORATION Print NameSIRTRIS PHARMACEUTICALS, INC. SIGNATURE: TitleTITLE: Chief Executive Officer or Chief Financial Officer PRINT NAME:

Appears in 1 contract

Samples: Loan and Security Agreement (Sirtris Pharmaceuticals, Inc.)

Account Number. Account Name: Each Borrower represents that the conditions precedent to the Advance set forth in the Agreement are satisfied and shall be satisfied upon the making of such Advance, including but not limited to: (i) that no event that has had or would reasonably be expected to have a Material Adverse Effect has occurred and is continuing; (ii) that the representations and warranties set forth in the Agreement are and shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date; (iii) that each Borrower and each Guarantor is in compliance in all material respects with all the terms and provisions set forth in each Loan Document on its part to be observed or performed; and (iv) that as of 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 the Loan Documents. Each Borrower understands and acknowledges that Lender has the right to review the financial information supporting this representation and, based upon such review in its reasonable discretion, Lender may decline to fund the requested Advance. Each Borrower hereby represents that neither no Borrower’s nor any Guarantor’s corporate or and limited liability company status and locations have changed since the date of the this Agreement or, if the Attachment to this Advance Request is completed, are as set forth in the Attachment to this Advance Request. Request Borrower agrees to notify Lender promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Lender has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [____________________________[ ], 20[__[ ]. BORROWERBORROWERS: UNIFY INFOLOGIX, INC., ON BEHALF OF ITSELF AND INFOLOGIX SYSTEMS CORPORATION OPT ACQUISITION LLC EMBEDDED TECHNOLOGIES, LLC INFOLOGIX – DDMS, INC. By: Print Name: Title:

Appears in 1 contract

Samples: Loan and Security Agreement (InfoLogix Inc)

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